2004-135O NANCENO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
19.51 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED SOUTH OF EDWARDS ROAD, EAST OF MAYHILL ROAD AND
NORTH OF POCKRUS PAGE ROAD IN THE SOUTHEASTERN SECTION OF THE CITY
OF DENTON EXTRATERRITORIAL JURISDICTION BEING IN THE G. WALKER
SURVEY, ABSTRACT NO. 1330, IN THE M.E.P. AND P.R.R. CO. SURVEY ABSTRACT
NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784,
DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 27.4367 ACRE TRACT
DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME
912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE
CALLED 8.773 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION,
RECORDED IN VOLUME 912, PAGE 797 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, PART OF THE CALLED 3.000 ACRE TRACT DESCRIBED IN THE
DEED TO ANDREW CORPORATION, RECORDED 1N VOLUME 912, PAGE 804, OF THE
DEED ROCORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 79.4992
ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN
VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, ALL OF THE
3.59 ACRE TRACT OF LAND DESCRIBED IN 96-R0014833 OF THE REAL PROOPERTY
RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A03-0003)
WHEREAS, on or about November 24, 2003, the property owner, Flowers Bakery
Company of Denton, LLC (the "Petitioner") petitioned for voluntary annexation of
approximately 19.51 acres of real property located in the extraterritorial jurisdiction of the City
of Denton, Texas, which is more particularly described in Exhibit "A" attached hereto and made
a part hereof by reference (the "Property"); and
WHEREAS, on or about March 10, 2004, the Planning and Zoning Commission i
recommended approval of the annexation; and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this annexation is voluntary and is being made under Subchapter C-1 of
Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner reqt/nted by law; and
WHEREAS, public hearings before the City Council were held in the Council Chambers
on February 17, 2004, and March 2, 2004, (both days being on or after the 20th day but before the
40th day of the date of the institution of the proceedings) to allow all interested persons to state
their views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the Property by the introduction
of this ordinance at a meeting of the City Council on March 23, 2004; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on March 28, 2004, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter; and
WHEREAS, the City Council fmds that the annexation will allow the city to ensure
development consistent with The Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Property is hereby annexed to the City of Denton, Texas.
SECTION 3. The service plan, a copy of which is attached hereto and made a part
hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of
municipal services to the Property, is approved as part of this ordinance. The Service Plan was
made available for public inspection and explanation to the inhabitants of the area being annexed
at the above described public heatings. The Service Plan was consented to by the Petitioner.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City. If any part of the Property is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded fi.om the territory annexed as fully as
if the excluded area were expressly described in this ordinance.
SECTION 5.
approval.
P^SSED PROVED the
This ordinance shall become effective immediately upon its passage and
dayof ~/~ ,2004.
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
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EXHIBIT "A"
All that certain tract or parcel of land lying and being situated in the G. Walker Survey
Abstract Number 1330, in the M.E.P. & P.R.R. Co. Survey Abstract Number 950, and in
the D. Lambert Survey Abstract Number 784, Denton County, Texas, and being part of
the called 27.4367 acre tract described in the deed to Andrew Corporation, recorded in
Volume 912, Page 790, Deed Records of Denton County, Texas, part of the called
8.773 acre tract described in the Deed to Andrew Corporation, recorded in Volume 912,
Page 797 of the Deed Records of Denton County, Texas, part of the called 3.000 acre
tract described in the Deed to Andrew Corporation, recorded in Volume 912, Page 804
of the Deed Records of Denton County, Texas, part of the called 79.4992 acre tract,
described in a deed to Andrew Corporation, recorded in Volume 912, Page 821, Deed
Records, Denton County, Texas, all of the 3.59 acres of land described in 96-R0014833
of the Real Property Records of Denton County, Texas, and part of Andrew Addition
Phase One as shown by the plat thereof recorded in Cabinet B, Page 12 of the Plat
Records of Denton County, Texas and being more particularly described as follows:
Beginning at a found railroad spike at the northeast corner of the 27.4367 acre Andrew
Tract in Edwards Road;
Thence south 02 degrees 40 minutes 55 seconds west with the east line of the 27.4367
acre Andrew Tract a distance of 698.28 feet to a found iron pin at an angle point in the
east line of the 27.4367 acre Andrew Tract;
Thence south 02 degrees 43 minutes 42 seconds west continuing with the east line of
the 27.4367 acre Andrew Tract a distance of 1249.03 feet to a found iron pin at the
southeast corner of the 27.4367 acre Andrew Tract on the north line of the 22.967 acre
tract to Julie K. Clark recorded under clerks file number 95-R0000602 of the Real
Property Records of Denton County, Texas;
Thence north 87 degrees 33 minutes 17 seconds west with the south line of the
27.4367 acre Andrew Tract a distance of 622.20 feet to a found iron pin at the
southwest corner of the 27.4367 acre Andrew Tract, the northwest corner of the 22.967
acre Clark Tract, the northeast corner of the 3.59 acre Andrew Tract, and the eastern
most southeast corner of Andrew Addition;
Thence south 03 degrees 19 minutes 02 seconds west with the east line of the 3.59
acre Andrew Tract and the west line of the 22.967 acre Clark Tract a distance of 472.97
feet to a fence corner post at an angle point in the east line of the 3.59 acre Andrew
Tract and the northwest corner of the called 0.942 acre tract described in the deed to
Julie K. Clark recorded under clerks file number 99-R0000310 of the Real Property
Records of Denton County, Texas;
Thence south 03 degrees 01 minutes 21 seconds west continuing with the east line of
the 3.59 acre Andrew Tract and the west line of the 0.942 acre Clark Tract a distance of
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224.75 feet to a steel pipe at the southeast corner of the 3.59 acre Andrew Tract on the
north right-of-way line of Pockrus Page Road;
Thence north 87 degrees 56 minutes 40 seconds west with the south line of the 3.59
acre Andrew Tract a distance of 218.61 feet to a fence corner post at the southwest
corner of the 3.59 acre Andrew Tract and the southeast corner of the tract of land
described in the deed to Betty John Robertson recorded in Volume 2423, Page 932 of
the Real Property Records of Denton County, Texas;
Thence north 01 degrees 47 minutes 13 seconds east with the west line of the 3.59
Andrew Tract and the east line of the Robertson Tract a distance of 683.38 feet to an
iron pipe at the northwest corner of the 3.59 acre Andrew Tract and the northeast corner
of the called 3.980 acre tract to Kenneth D. Owen recorded in Volume 763, Page 137 of
the Deed Records of Denton County, Texas on a south line of Andrew Addition;
Thence north 87 degrees 39 minutes 54 seconds west with a south line of Andrew
Addition and the north line of the Owen Tract a distance of 363.71 feet to a found iron
pin at an inner ell corner of the Andrew Addition;
Thence south 03 degrees 03 minutes 00 seconds west with an east line of Andrew
Addition and the west line of the Owen Tract a distance of 397.16 feet to a found iron
pin;
Thence south 39 degrees 11 minutes 57 seconds east with an east line of Andrew
Addition and the south line of the Owen Tract a distance of 382.68 feet to a found iron
pin at the southern most southeast corner of Andrew Addition and the southern most
southwest corner of the Owen Tract on the north right-of-way line of Pockrus Page
Road;
Thence north 87 degrees 46 minutes 12 seconds west with a south line of Andrew
Addition and the north right-of-way line of Pockrus Page Road a distance of 26.57 feet
to a found iron pin at the southern most southwest corner of Andrew Addition on the
east right-of-way line of the old M.K.T. Railroad;
Thence north 39 degrees 14 minutes 16 seconds west with a west line of Andrew
Addition a distance of 412.02 feet to a found iron pin at the beginning of a curve to the
right;
Thence with the east right-of-way line of the old M.K.T. Railroad along said curve having
a delta of 26 degrees 11 minutes 57 seconds, a radius of 2814.79 feet, an arc length of
1287.10 feet (chord of north 26 degrees 10 minutes 09 seconds west a distance of
1275.92 feet) to a found iron pin;
Thence north 13 degrees 00 minutes 38 seconds west continuing with the east right-of-
way line of the old M.K.T. Railroad and the west line of Andrew Addition a distance of
1221.59 feet to a found iron pin at the beginning of a curve to the left;
Thence continuing with the east right-of-way line of the old M.K.T. Railroad along said
curve having a delta of 09 degrees 53 minutes 43 seconds, a radius of 1959.24 feet, an
arc length of 338.37 feet (chord of north 17 degrees 58 minutes 31 seconds west a
distance of 337.99 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex
1849" on the south right-of-way line of Mayhill Road as described in the Street Right-of-
Way Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real
Property Records of Denton County, Texas at the beginning of a curve to the left;
Thence with the south right-of-way line of Mayhill Road along said curve having a delta
of 01 degrees 17 minutes 13 seconds, a radius of 540.00 feet, an arc length of 12.13
feet (chord of north 66 degrees 07 minutes 51 seconds east a distance of 12.13 feet) to
a set "X" in concrete at the intersection of the south right-of-way line of Mayhill Road
and the west right-of-way line of Edwards Road as described in the Street Right-of-Way
Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real Property
Records of Denton County, Texas;
Thence south 27 degrees 41 minutes 50 seconds east with the west right-of-way line of
Edwards Road a distance of 147.27 feet to a set iron pin with a yellow plastic cap
stamped "Metreplex 1849" at the beginning of a curve to the left;
Thence continuing with the west right-of-way line of Edwards Road along said curve
having a delta of 59 degrees 01 minutes 36 seconds, a radius of 330.00 feet, an am
length of 339.97 feet (chord of south 57 degrees 12 minutes 38 seconds east a distance
of 325.13 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849";
Thence south 86 degrees 44 minutes 08 seconds east with the south right-of-way line of
Edwards Road a distance of 1797.84 feet to a found iron pin;
Thence north 03 degrees 39 minutes 26 seconds east a distance of 35.49 feet to a
found railroad spike in Edwards Road on the north line of the 27.4367 acre Andrew
Tract;
Thence south 88 degrees 03 minutes 58 seconds east with the north line of the 27.4367
acre Andrew Tract a distance of 172.15 feet to the point of beginning and containing in
all 19.51 acres of land.
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LOCATION MAP
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EXHIBIT "B'
CITY OF DENTON
DRAFT ANNEXATION PLAN
A03-0003 (Flowers Baking Company)
I. AREA ANNEXED
THE ANNEXATION AREA IS LOCATED IN THE SOUTHEAST PORTION OF
DENTON'S EXTRATERRITORIAL JURISDICTION AND CONTAINS
APPROXIMATELY 19.51 ACRES GENERALLY LOCATED NORTH OF POCKRUS
PAGE ROAD, SOUTH OF EDWARDS ROAD, AND EAST OF MAYHILL ROAD.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in accordance with the following plan. The City shall provide the annexed
tract the levels of service, infrastructure, and infrastructure maintenance that are comparable
to the levels of service, infrastructure, and infrastructure maintenance available in other parts
of the city with similar topography, land use, and population density.
IlL AD VALOREM {PROPERTY OWNER) TAX SERVICES
Ao
Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions,
will be provided to the property upon the effective date of the annexation using
existing personnel and equipment. Code enforcement and animal control services
will also be provided to the property upon the effective date of the annexation.
Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the property upon the effective date of the annexation.
The estimated emergency response time in this area is 5 minutes, which is similar
to responses for surrounding properties within the city limits. The City of Denton
will provide emergency medical services ("EMS").
Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted
by the City of Denton and/or Denton County shall be maintained by the City of
Denton on the effective date of the annexation. Installation and maintenance of
street signs, street light'mg and traffic control devices will be maintained by the
City of Denton on the effective date of the annexation.
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IV.
Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon the
effective date of the annexation according to the 2000 Parks and Recreation
Master Plan. No parks are currently located within the proposed annexation area.
Denton neighborhood park facilities are located within reasonably close distance
of the proposed annexation area. Residents of the proposed annexation area will
be able to use existing City of Denton park and recreation facilities and programs.
Library Services
Library services will be made available on the effective date of the annexation on
the same basis and at the same level as similar library facilities are maintained
throughout the city.
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Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on thc same basis and at the same level as similar
facilities arc maintained throughout the City. Both services arc provided on a
"cost recovery" basis, and permit fees offset the costs of services delivered.
incomplete construction must obtain building permits from the Building
Inspections Department of the City of Denton.
Planning and Development Services
Planning and development services will be made available on the effective date of
the annexation. The Planning and Development Department currently services
this property by way of administration of Chapter 34 of the Code of Ordinances,
concerning subdivision and land development regulations.
City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan,
by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses
both land in the city and its ETJ, and the subject tracts contain Neighborhood
Centers and 100 year Floodplain/Environmentally Sensitive Areas. The Denton
Plan designates future land uses to manage the quality and quantity of growth by
organizing the land use patterns, by matching land use intensity with available
infrastructure, and by preserving floodplains as environmental and open space
corridors. The Denton Plan will be used as a basis for final zoning classifications
after the properties are annexed.
UTILITY 01ATEPAYER) SERVICES
A. Solid Waste Collection
Solid Waste Annexation Service Plan for A03-0003 (Flowers Baking Co.)
The City of Denton is the exclusive residential and commercial Solid Waste
service provider within Denton's city limits. The City OrcFmance requires Solid
Waste services for all residences and commercial businesses located in the City.
The City of Denton Solid Waste Department is fully funded through the service
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fees charged, and receives no funding from city tax revenues. Solid waste refuse
collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation.
To request Solid Waste collection services, please telephone the City of Denton
Customer Service Department at 940-349-8210 and submit an application to
initiate service. To obtain City of Denton Solid Waste schedule, service, and rate
information, please telephone the Solid Waste Customer Relations office at 940-
349-8787. Commemial customers are required to complete and submit a Service
Agreement to Solid Waste Customer Relations prior to being provided services.
Commercial Refuse Services
Each commercial business will be provided with a commercial container(s).
Containers are available in a variety of sizes utilizing both front load and roll off
service. Collection frequencies will be established based on the container size
selected and the waste volume generated. The most economical service is
obtained by requesting the largest contt/mer available for the area, with the least
amount of collection services possible. All refuse placed in the container for
collection must be bagged to eliminate wind blown debris and littering. Refuse
that is not placed in the container with the lid closed will not be collected. Refuse
placed outside the container is subject to code enforcement regulations, including
potential fines.
Commercial recycling services may be available. Please contact
the Solid Waste Recycling Division at 940-349-8054 to discuss the potential for
the City to provide commercial recycling services and to obtain recycling rate
information.
The construction and service requirements provided in the Denton Development
Plan apply for all new development. For specific solid waste questions concerning
commercial services or construction issues, please contact the Solid Waste
Department at 940-349-8069.
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00
p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For
disposal information and rates, please contact the Landfill Office at 940-349-
7510.
B. Water/Wastewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed that are
not within the service area of another water or wastewater utility will begin upon
the effective date of the annexation using existing personnel and equipment.
Currently, the majority of the area to be annexed is not provided with water or
wastewater service. City of Denton water and sewer lines are located along the
boundaries of the annexation area. The City shall provide a level of water and
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wastewater service, infrastructure, and infrastructure maintenance that is
comparable to the level of services, infrastructure, and infrastructure maintenance
available in other parts of the city with topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
Drainage Services
Drainage maintenance will be provided to the property upon the effective date of
the annexation. The City shall provide a level of drainage services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with topography~ land use, and population density similar to those reasonably
contemplated or projected in the area.
Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide
electric utility service to the annexation area should a request be made by a
property owner. Electric utility service will be made available on the effective
date of the annexation on the same basis and at the same level as similar facilities
are maintained throughout the city. Denton Municipal Electric is the current
electric service provider for this site.
OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation. The
City shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and dra'mage facilities is
contemplated within the annexed area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Thus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
V2) years after the effective date of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
VII. LEVEL OF SERVICES
Nothing in this plan shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different
characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term often (10) years. Renewal of the service
plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this service plan unworkable
or obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056 (Vernon Supp. 2000).
PETITIONER HEREBY CONSENTS TO THE ABOVE SERVICE PLAN
FLOWERS BAKING COMPANY OF DENTON, LLC
BY;
Narlle~
President Date:
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