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2001-090AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 672 ACRES. TRACT ONE IS LOCATED ON THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U.S. HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-101). WHEREAS, the City of Denton wishes to extend its City boundary line to include the 668-acre tract labeled as "Tract #1" and the 3.6 acre tract labeled as "Tract #2", more particularly described in Exhibit A; and WHEREAS, notice was mailed in accordance with state annexation law and Denton City Code; and WHEREAS, public hearings were held in the Council Chambers on October 24, 2000, and November 7, 2000, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, the aforementioned public hearings were conducted not more than forty (40) days nor less than twenty (20) days prior to the institution of the annexation proceedings; and WHEREAS, after a public hearing on November 8, 2000, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 3-2; and WHEREAS, annexation proceed'rags were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on November 28, 2000; and WHEREAS, th/s ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, in accordance with state law and as required by City Charter; and WHEREAS, certain areas have been deleted to provide for conservation easements or land trust dedications to protect environmentally sensitive areas, or have been deleted because of the unlikelihood of imminent development and the City Council finds that such deletions are in the public interest; and WHEREAS, the City Council finds that it is in the public interest to the extent that this annexation results in an area being entirely surrounded by the city limits of Denton but such area is not included in the city limits; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Denton Plan; and 1 WHEREAS, the areas to be annexed lie within the extraterritorial jurisdiction of the City of Denton, Texas and lie adjacent to and contiguous to the City of Denton, Texas; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: The land and territory lying outside of, but adjacent to and contiguous to the City of Denton as the 668-acre tract labeled as "Tract 1" and the 3.6-acre tract labeled as "Tract 2", more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Denton, Texas, and said ten/tory as described shall hereinafter be included within the boundary limits of the City of Denton, Texas, and the present boundary limits of said city, at the various points contiguous to the area described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Denton, Texas. SECTION II: That the land and territory described in Exhibit "A" shall be part of the City of Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas. SECTION III: That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance, and the implementation of the service plan is hereby authorized. SECTION IV: The annexed property is zoned classified as Agricultural (A) zoning district classification and use designation. SECTION V: The City of Denton official zoning map is amended to show the Agricultural (A) zoning district and use classification of the property annexed. SECTION VI: 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 the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed 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 from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION VII: approval. That this ordinance shall become effective immediately upon its passage and 2 EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBER~~TTORNEY, BY: Ryan Area - Tract 1 Exhibit A ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the W. Roark Survey, Abstract Number 1087, the B.B.B. & C. R.R. Survey, Abstract Number 196, the T. Martin Survey, Abstract Number 900, the A. Gibson Survey, Abstract Number 498, the T. Peacock Survey, Abstract Number 1589, the T. Labor Survey, Abstract Number 779, the J. Rogers Survey, Abstract Number 1084,, the M. Rogers Survey, Abstract Number 1079, the J. Withers Survey, Abstract Number 1343, the J. Schultz Survey, Abstract Number 1223, and the F. Daugherty Survey, Abstract Number 348 and being more particularly described as follows: BEGINNING at a point in the present Denton city limit line, said point being the southeast comer of a tract established by City of Denton Ordinance No. 81-76, said point lying on the centerline of F..M. 1830 and on the east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196 same being the west boundary line of the T. Martin Survey, Abstract Number 900; THENCE North 00 degrees 54 minutes 40 seconds West, along said eenterline of F. M. 1830 and the said east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196 same being the east city limit line as established by said Ordinance No. 81-76, a distance of 1,091.30 feet to a point for comer at the most easterly northeast comer of the city limit line established by said Ordinance No. 81- 76, same being the most southerly southeast comer on the eenterline ofF. M. 1830 of the city limit line as established by Ordinance No. 83-17; THENCE North 00 degrees 54 minutes 40 seconds West, continuing along the centerline of F. M. 1830 and the city limit line as established by said Ordinance No. 83-17, a distance of 355 feet to a point for comer in the city limit line established by Ordinance No. 83-17; THENCE North 89 degrees 46 minutes 35 seconds East, departing said centerline of F. M. 1830 and the east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196, same being the west boundary line of the said T. Martin Survey, Abstract Number 900, and eontinu'lng along the city limit line established by Ordinance No. 83-17, a distance of 40 feet to a point for comer on the east right of way line ofF. M. 1830, said point being the westerly southwest comer of the city limit line established by Ordinance No. 80-12; THENCE North 89 degrees 46 minutes 35 seconds East, continuing with the city limit line established by said Ord'mance No. 80-12, a distance of 640.75 feet to a point for comer; THENCE South 00 degrees 35 minutes 35 seconds West, along the city limit line established by Ordinance No. 80-12, a distance of 761.95 feet to a point for comer; THENCE South 85 degrees 36 minutes 59 seconds East, along said city limit line established by Ordinance No. 80-12, a distance of 23.60 feet to a point; THENCE North 89 degrees 56 minutes 53 seconds East, along said city limit line established by Ordinance No. 80-12, a distance of 1,138.55 to a point for comer at the northwest comer of the city limit line established by Ordinance No. 96-069; 4 THENCE South 00 degrees 06 minutes 16 seconds East, along the most westerly west city limit line established by said Ordinance No. 96-069, a distance of 1,016.25 feet to a point for comer at the westerly southwest comer of said city limit line established by Ordinance No. 96-069; THENCE North 89 degrees 47 minutes 21 seconds East, along the said city limit line established by Ordinance No. 96-069, a distance of 515.04 feet to a point for comer; THENCE South 00 degrees 37 minutes 05 seconds West, along the said city limit line established by Ord'mance No. 96-069, a distance of 271.14 feet to a point for comer in Sanders Road; THENCE South 89 degrees 07 minutes 03 seconds East, along said Sanders Road and along said city limit line as established by Ordinance No. 96-069, a distance of 326.35 feet to a point for comer, said point lying on the east line of the said T. Martin Survey, Abstract Number 900, same being the west line of the said A. Gibson Survey, Abstract Number 498, said point also lying on the west city limit line established by Ordinance No. 92-060; THENCE South 00 degrees 19 minutes 42 seconds East, along the west line of the said A. Gibson Survey, Abstract Number 498, and the said west city limit line established by Ordinance No. 92-060, a distance of 472.72 feet to a point at the southwest comer of the said city limit line established by Ordinance No. 92-060, same being the northwest comer of the city limit line established by Ordinance No. 93-188; THENCE South 00 degrees 19 minutes 42 seconds East, continuing with the west line of the said A. Gibson Survey, Abstract Number 498, and with the west city limit line as established by said Ordinance No. 93-188, a distance of 810.95 feet to a point for comer at the southwest comer of the city limit line established by said Ordinance No. 93-188, said point also lying in the north fight of way line of Ryan Road, a public road; THENCE South 89 degrees 22 minutes 47 seconds East, along the said north right of way line of Ryan Road and along the city limit line established by said Ordinance No. 93-188, a distance of 1,315.61 feet to a point for comer at the southeast comer of the said city limit line established by Ordinance No. 93-188; THENCE North 00 degrees 37 minutes 33 seconds East, along the west city limit line established by said Ordinance No. 93-188, a distance of 513.39 feet to a point for comer at the southwest comer of the Denton city limit line established by Ordinance No. 99-426; THENCE North 88 degrees 48 minutes 29 seconds East along said city limit line established by Ordinance No. 99-426, a distance of 251.63 feet to a point for comer; THENCE North 00 degrees 37 minutes 00 seconds East confmuing along said city limit line established by Ordinance No. 99-426, a distance of 62.60 feet to a point for comer; THENCE North 88 degrees 49 minutes 00 seconds East continuing along said city rmait line established by Ordinance No. 99-426, a distance of 726.00 feet to a point for comer; THENCE North 09 degrees 19 minutes West continuing along said city limit line established by Ordinance No. 99-426, a distance of 436.80 feet to a point for comer; 5 THENCE North 09 degrees 17 minutes East continuing along said city limit line established by Ordinance No. 99-426, a distance of 261 feet to a point for comer; THENCE North continuing along said city limit line established by Ordinance No. 99-426, a distance of 65 feet to a point for comer and being in the city limit line established by Ordinance No. 73-17; THENCE East, along said city limit line established by Ordinance No. 73-17, a distance of 419.10 feet to a point for comer in the east boundary line of the said A. Gibson Survey, Abstract Number 498, same being the west boundary line of the said T. Peacock Survey, Abstract Number 1589; THENCE South 00 degrees 40 minutes 58 seconds East, along the present Denton city limit line established by Ordinance No. 73-17 and along the west boundary line of the said T. Peacock Survey, Abstract Number 1589, a distance of 1,057.29 feet to a point for comer at the westerly southwest comer of the city limit line established by Ordinance No. 73-17; THENCE South continuing along the west boundary line of the said T. Peacock Survey, Abstract Number 1589 a distance of 239.41 feet to a point for comer, said point lying on the north line of Ryan Road; THENCE East along the north right-of-way line of Ryan Road a distance of 805.47 feet to a point for comer, said point lying on the existing Denton city limit line established by Ordinance No. 73-17, said point lying on the east line of the T. Peacock Survey, Abstract No. 1589 and the west line of the C. Poullalier Survey, Abstract No. 1006; THENCE South a distance of 30' to the centerline of Ryan Road, said point being the southwest comer of the C. Poullalier Survey, Abstract No. 1006 and the southwest comer of the T. Peacock Survey, Abstract No. 1589; THENCE North 88 degree 32 minutes 08 seconds East, along the south boundary line of the said C. Poullalier Survey, Abstract No. 1006, same being the north line of the T. Labor Survey, Abstract No. 779, and the same being the southerly south Denton city limit line established by Ordinance No. 73-17, a distance of 300 feet, more or less, to a point for comer at the northerly northwest comer of the Denton city limit line established by Ordinance No. 77-5 (Tract I); THENCE South along the existing Denton city limit line established by Ordinance No. 77-5 (Tract I) a distance of 30 feet to a point for comer, said point lying on the south right-of-way line of Ryan Road, said point being the northeast comer of a 17 acre tract conveyed to Wayne S. Ryan, et ux by deed recorded in Volume 730, Page 599 of the Deed Records of Denton County, Texas; THENCE along the south right-of-way line of Ryan Road the following calls: 1. West a distance of 580.07 feet to a point; 2. South 88 degrees 21 minutes 07 seconds West, 645.84 feet to a point; 3. South 87 degrees 44 minutes 07 seconds West, 100.92 feet to a point; 4. South 89 degrees 09 minutes 56 seconds West, 155.43 feet to a point; 5. North 87 degrees 50 minutes 17 seconds West, 311.78 feet to a point; 6. North 89 degrees 19 minutes 23 seconds West, 174.90 feet to a point; THENCE North 88 degrees 53 minutes 19 seconds West, continuing along the south right-of-way line of Ryan Road a distance of 90.00 feet to a point, said point being the northeast comer of a 52.486 acre tract described in a Partition Deed to Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records of Denton County, Texas, said point also being the northeast comer of a City of Denton annexation tract being described in Ordinance No. 99-176; THENCE North 88 degrees 55 minutes 09 seconds West cont'muing along the south right-of-way of Ryan Road along the northernmost line of City of Denton annexation tract being described in Ordinance No. 99-176 a distance of 872.29 feet to a point for comer, said point being the northeast comer of a 52.486 acre tract of land conveyed to Phoebe Ryan Higginbotham by Page 6 of Partition Deed, as recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas, said point also being the northwest comer of said City of Denton annexation tract being described in Ordinance No. 99-176; THENCE North 88 degrees 53 minutes 19 seconds West continuing along the south right-of-way line of Ryan Road a distance of 746.00 feet to a point; THENCE North 89 degrees 16 minutes 12 seconds West continuing along the south right-of-way line of Ryan Road a distance of 119.75 feet to a point for comer, said point being the northeast comer of a 15.435 acre tract conveyed to Wayne S. Ryan by Partition Deed, Tract 2, as recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas, said point also lying on the east line of the J. Withers Survey, Abstract Number 1343; THENCE South along the east line of the J. Withers Survey, Abstract Number 1343 a distance of 3,344.66 feet to a point for comer, said point being the northeast comer of a 10 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 1719, Page 924 of the Real Property Records of Denton County, Texas; THENCE South 88 degrees 36 minutes West a distance of 660 feet to a point for comer, being the northwest comer of said 10 acre Calvert Paving Corporation tract; THENCE South 01 degree 00 minutes East a distance of 660 feet to a point for comer, being the southwest comer of said 10 acre Calvert Paving Corporation tract, said point lying on the north line of a 10.464 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 2115, Page 425, (Tract 1) of the Real Property Records of Denton County, Texas; THENCE South 89 degrees 22 minutes West along the north line of said 10.464 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 2115, Page 425 , (Tract 1) of the Real Property Records of Denton County, Texas a distance of 141.48 feet to a point for comer, said point being the northwest comer of said 10.464 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 2115, Page 425, (Tract 1) of the Real Property Records of Denton County, Texas and lying on the east right-of-way line of the Kansas City Southem Railway Company (formerly G.C. & S.F.R.R.); THENCE South 34 degrees 41 minutes East along said railroad right-of-way line a distance of 1,158 feet to a point; THENCE Southeasterly with said right-of-way around a 0.824 degree curve to the fight 525.64 feet to a point, said point lying on the west line of the N. Bfitton Survey, Abstract No. 51 and the east line of the J. Withers Survey, Abstract No. 1343; THENCE South along said Survey lines a distance of 111 feet to a point for comer; THENCE West a distance of 52 feet to a point for comer, said point being the northeast comer of a 15.7998 acre tract conveyed to Connie Ann Cardwell by deed recorded in Volume 3318, Page 908, Tract 4, Real Property Records of Denton County, Texas, same point being the most easterly southeast comer of a 102.493 acre tract to Sowell Property Partners - Hickory Creek, L.P. by deed recorded in Volume 4413, Page 933 of the Real Property Records of Denton County, Texas; THENCE North 89 degrees 52 minutes 00 seconds West along a southerly line of said Sowell tract and the north line of said Cardwell tract a distance of 1,250.72 feet to a point for comer; THENCE South 01 degrees 50 minutes 01 seconds West, along the common line of said tracts a distance of 515.89 feet to a point for comer, said point lying in the centerline of Hickory Creek; THENCE along the centerline of said Hickory Creek as follows: 1. South 67 degrees 25 minutes 56 seconds East 493.76 feet, to a point; 2. South 81 degrees 03 minutes 06 seconds East 99.98 feet, to a point; 3. South 51 degrees 50 minutes 31 seconds East 64.85 feet, to a point; 4. South 20 degrees 02 minutes 27 seconds East 108.78 feet, to a point; 5. South 03 degrees 05 minutes 54 seconds East 361.60 feet, to a point, be'mg the northeast comer of the tract of land conveyed to Jack W. Basden and wife, Beverly Holmquest Basden, by deed as recorded in Volume 832, Page 794, Deed Records, Denton County, Texas; THENCE South 89 degrees 34 minutes 53 seconds West, a distance of 1,740 feet along the south line of said Basden tract of land to a point for comer, said point lying on the west fight of way line of Hilltop Road; THENCE North 00 degrees 09 minutes 00 seconds West along the west fight of way line of Hilltop Road, a distance of 45 feet to a point; THENCE North 31 degrees 48 minutes 35 seconds West, a distance of 149.28 feet to a point, said point lying on the south fight of way line of Brash Creek Road; THENCE South 88 degrees 04 minutes 34 seconds West along the south right of way line of Brash Creek Road, a distance of 726.62 feet to a point for comer, said point lying on the intersection of the south fight of way line of Brash Creek Road and the east fight of way line of F.M. 1830; THENCE South 82 degrees 36 minutes West across F.M. 1830, a distance of 200 feet to a point for comer, said point being the intersection of the south fight of way line of Brash Creek Road and the west fight of way line of F.M. 1830; THENCE Westerly along the south fight of way line of Brash Creek Road, a distance of 1,810 feet to a point for comer; THENCE North across Brash Creek Road, passing at 60 feet the southeast comer of a tract of land conveyed to John Brent Kinard and wife, Mary E. Kinard, as recorded in Volume 2157, Page 591, Real Property Records, Denton County, Texas, same being the southwest comer of an 80 acre tract conveyed to Charles Pennington by deeds recorded as Clerk's File Numbers 95-R0008699, 95- R0008700, 95-R0008701, 95-R0008702 in the Real Property Records of Denton County, Texas, same being a point on the north line of Brash Creek Road and continuing north along said Kinard and Pennington common line, passing at 434.14 feet the northeast comer of said Kinard tract, same being a point in the Graveyard Branch tributary, same being the most easterly southeast comer of a City of Denton annexation tract established by Ordinance No. 97-130 and continuing north along the east line of said City of Denton annexation tract (Ordinance No. 97-130) and the west line of said Pennington tract for a total distance of 2,640 feet to a point being the northwest comer of said Pennington tract; THENCE East along the north line of said Pennington tract a distance of 1,320.50 feet to a point for comer, said point being the northeast comer of said 80 acre Pennington tract; THENCE South along the east line of said 80 acre Pennington tract a distance of 2,640 feet to a point for comer, said point being the southeast comer of said 80 acre Pennington tract, said point also lying on the north fight-of-way line of Brash Creek Road; THENCE South 89 degrees 15 minutes 00 seconds East along the north fight-of-way line of Brash Creek Road a distance of 564.94 feet to a point for comer, said point lying at the intersection of the north line of Brash Creek Road and the west fight-of-way line of F.M. Road 1830; THENCE North 58 degrees 12 minutes 58 seconds East along the west fight-of-way line ofF. M. 1830 a distance of 485.96 feet to a point for comer, and the beginning of a curve to the left having a radius of 527.23 feet; THENCE with said curve to the letl having an arc length of 534.91 feet and a chord which bears North 29 Degrees 09 Minutes 03 Seconds East a distance of 512.26 feet along the west right-of-way line ofF. M. 1830 to a point for comer; THENCE North 00 degrees 05 minutes 08 seconds East along the west fight-of-way line ofF. M. 1830 a distance of 1,051.84 feet to a point for comer, and the beginning of a curve to the right having a radius of 1,169.35; THENCE with said curve to the right having an arc length of 158.43 feet and a chord, which bears North 03 degrees 53 minutes 39 seconds East a distance of 158.31 feet along the west fight-of-way line of F.M. 1830 to a point for comer; THENCE North 07 degrees 46 minutes 32 seconds East along the west fight-of-way line of F.M. 1830 a distance of 120.90 feet to a point for comer, said point being the beginning of a curve to the left having a radius of 528.08 feet; THENCE with said curve to the left having an arc length of 149.46 feet and a chord which bears South 00 degrees 19 minutes 58 seconds East a distance of 148.97 feet along the west fight-of-way line ofF. M. 1830 to a point for comer; THENCE North 08 degrees 26 minutes 28 seconds West a distance of 148.06 feet along the west fight- of-way line of F. M. 1830 to a point for comer; TItENCE North 81 degrees 33 minutes 32 seconds East a distance of 5.00 feet along the right-of-way line of F. M. 1830 to a point for comer, said point being the beginning of a non-tangent curve to the fight having a radius of 1,472.50 feet; THENCE with said curve to the right having an arc length of 199.74 feet and a chord which bears North 04 degrees 33 minutes 16 seconds West a distance of 199.58 feet along the west right-of-way line F. M. 1830 to a point for comer; THENCE North 00 degrees 33 minutes 33 seconds West along the west right-of-way ofF. M. 1830 a distance of 1,221.43 feet to a point for comer; THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line of F.M. 1830 a distance of 27.76 feet to a point for comer, said point being the southeast comer of a 5.165 acre tract conveyed to Richard Lee Butch by deed recorded in Volume 1873, Page 134 of the Real Property Records of Denton County, Texas; THENCE South 89 degrees 51 minutes 22 seconds West, departing the west fight-of-way line of F.M. 1830 and along the south line of said 5.165 acre tract a distance of 500 feet to a point for comer, said point being the southwest comer of said 5.165 acre tract; THENCE North 00 degrees 08 minutes 38 seconds West along the west line of said 5.165 acre tract a distance of 450 feet to the northwest comer of said 5.165 acre tract to a point for comer; THENCE North South 89 degrees 51 minutes 22 seconds East along the north line of said 5.165 acre tract a distance of 500 feet to the northeast comer of said 5.165 acre tract to a point for comer, said point lying on the west right-of-way line of F.M. 1830; THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line of F.M. 1830 a distance of 1,241.24 feet to a point for comer, said point being the southeast comer of a tract to Come M. Altemus by deed recorded in Volume 901, Page 774 of the Deed Records of Denton County, Texas; THENCE West along the south line of said Altemus Volume 901, Page 774 tract, crossing the Kansas City Southern Railway Company fight-of-way and continuing along the south line of a tract conveyed to Come M. Altemus by deed recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas a distance of 2,607 feet, more or less, to a point for comer, said point being the southwest comer of said Altemus Volume 901, Page 777 tract, said point also lying on the west line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 196; THENCE North along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 196 a distance of 1004.92 feet to a point for comer; said point lying in the center of Hickory Creek; THENCE North 52 degrees 35 minutes 40 seconds West along Hickory Creek a distance of 242.48 feet to a point for comer; THENCE North 32 degrees 40 minutes 56 seconds West along Hickory Creek a distance of 321.60 feet to a point for comer, said point being in the present Denton city limit line as established by Ordinance No. 65-43 (Tract No. IV), said point being 660 feet southeast of and perpendicular to the centerline ofU. S. Highway 377; 10 THENCE Northeasterly, along the said city limit line established by Ordinance No. 65-43 (Tract No. IV), 660 feet southeast of and parallel to the centerline of U. S. Highway 377, passing at 518 feet, more or less, the east boundary line of the said W. Roark Survey, Abstract Number 1087, same being the west boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196, and continuing for a total distance of 1,383 feet, more or less, to a point on the northeast right-of-way line of the Kansas City Southern Raikoad, same being a point at the westerly southwest corner of the city limit line as established by Ordinance No. 81-76; THENCE South 35 degrees 27 minutes East, along the northeast right of way line of said railroad and the southwest city limit line established by said Ordinance No. 81-76, a distance of 898.13 feet to a point for corner at the southerly southwest corner of the city limit line established by said Ordinance No. 81-76; THENCE North 89 degrees 37 minutes 22 seconds East, departing said raikoad right-of-way and continuing along the south city limit line established by said Ordinance No. 81-76, passing at 1,481 feet the west right of way line ofF. M. 1830, and continuing for a total distance of 1,521 feet to the POINT OF BEGINNING and containing 670.25 acres of land, SAVE & EXCEPT a 2.25 acre Burch, et al tract for a net acreage of 668 acres within the annexation tract; SAVE & EXCEPT THE FOLLOWING TRACT: Field notes to all that certain tract of land situated in the J. Withers Survey, Abstract Number 1343, Denton County, Texas, and being a portion of the called 80 acre third tract described in the deed from V. D. Burch, et ux to Marvin Butch recorded in Volume 440, Page 214, Deed Records of Denton County, Texas, subject tract being more particularly described as follows: BEGINNING at a point on the north line of Brush Creek Road and on the southerly right-of-way line of F.M. Road 1830 and being North 58 degrees 12 minutes 58 seconds East a distance of 20.00 feet from the northwest corner of the tract of land described in the deed from A. E. Wyatt to Fred D. Kurrus being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas; THENCE North 58 degrees 12 minutes 58 seconds East along the south right-of-way line of F.M. 1830 a distance of 323.52 feet to the beginning of curve to the left having a radius of 617.23 feet; THENCE with said curve to the left having an arc length of 443.28 feet and a chord beating of North 37 degrees 38 minutes 31 seconds East a distance of 433.82 to a point on the southerly right-of-way of F.M. 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners- Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of Denton County, Texas; THENCE South 00 degrees 54 minutes 46 seconds East along the west line of said Sowell Property Partners-Hickory tract a distance 489.36 feet to a point on the north right-of-way line of Brush Creek Road; THENCE South 87 degrees 25 minutes 34 seconds West along the north line of Brush Creek road a distance of 548.30 feet to the POINT OF BEGINNING and containing in all 2.25 acres of land. 11 Ryan Area - Tract 2 Exhibit A ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the Archibald Gibson Survey as conveyed to Robert J. Caraway and wife, Georgia Caraway by deed dated January 18, 1984, and recorded in Volume 1329, Page 58, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the south fight of way line of E1 Pasco, a public road, said point being the existing Denton city limits line as established by Ordinance No. 65-35, same point being the northwest comer of said Caraway tract of land and also being the northeast comer of a tract of land conveyed to Elmer Wayne Stephens, et ux, by deed dated April 16, 1974, and recorded in Volume 706, Page 79, Deed Records, Denton County, Texas; THENCE North 88 degrees 45 minutesl 0 seconds East along the existing south Denton city limits Fmc as established by Ordinance No. 65-35, same being the north property line of said Caraway tract of land, a distance of 679.58 feet to a point being the northwest comer of the existing Denton city limits line as established by Ordinance No. 73-17, same point being the northeast comer of said Caraway tract of land; THENCE South 09 degrees 35 minutes 00 seconds West along the existing Denton city limits line as established by Ordinance No. 73-17, same being the east property line of said Caraway tract of land, a distance of 254.53 feet to a point at the southeast comer of said Caraway tract of land, same point being in the exist'rog Denton city limits line as established by Ordinance No. 99-426; THENCE South 88 degrees 45 minutes 10 seconds West along the existing Denton city limits line as established by Ordinance No. 99-426, same being the south property line of said Caraway tract of land, a distance of 591.14 feet to a point at the southwest comer of said Caraway tract of land and being in a curve to the left, having a central angle of 09 degrees 14 minutes 08 seconds, a radius of 1,534.02 feet, a chord which bears South 10 degrees 27 minutes 05 seconds East, a distance of 247.00 feet; THENCE along the arc of said curve and the exist'rog Denton city limits line as estabhshed by Ordinance No. 99-426, also being the west property line of said Caraway tract of land, a distance of 247.26 feet; THENCE North 14 degrees 58 minutes 40" West continuing along the existing Denton city limits line as established by Ordinance No. 99-426 and the west property line of said Caraway tract of land and also being an east line of said Elmer Wayne Stephens tract of land, a distance of 6.30 feet to the POINT OF BEGINNING and containing in all 3.626 acres of land. 12 Exhibit B CITY OF DENTON ANNEXATION SERVICE PLAN FOR A-101 (RYAN ROAD/COUNTRY CLUB ROAD) I. AREA ANNEXED The annexation area located in two tracts in the extra-territorial jurisdiction of southwest Denton contains approximately 672 acres. The annexation area of Tract #1 is located east of U.S. Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road. The annexation area of Tract #2 is located west of Montecitu, south of E1 Pasco and east of Santa Monica. See Attachment #1. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 43.021, 43.065 and 43.065Co)-(o)(Vernon Supp. 2000). 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 schedule: III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. POLICE, CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Animal Control services will be provided 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. The Police Department will be able to provide appropriate service to this area immediately upon annexation. The immediate impact of the annexation will be addressed by the police department without additional resources, due to the primarily undeveloped condition of the area. The Police Department already provides service to neighborhoods that directly surround the proposed annexation area. As the population grows and more land is developed, additional staffing will be deployed to maintain a consistent level of service. The Denton Police Department employs a policing philosophy known as Community Oriented Policing Services (C.O.P.S.), wherein, the mission is to positively impact the quality of life throughout the community. To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law; thereby, providing for a safe environment for all citizens. The primary goal is to provide a system of delivering police services to neighborhoods based on three basic elements: Consultation Adaptation Mobilization Implementation of these three elements provides for structuring service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing 13 activities that directly impact the quality of community life. Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens. Through these activities, the officers are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services. This system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming". Those awards were received in 1994 and 1997. The Police Department offers a Citizens Police Academy that was launched in the fall of 1992. It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services in their community can do for them. Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18. Many other programs are offered, such as, the H.E.A.T. (Help End Auto Theft) program, S.C.A.M.S. (Senior Citizens Against Money Scams) presentations and various Crime Prevention surveys, just to name a few. B. FIRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment. Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists. 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. Denton Fire Department services immediately available include: · Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief. · Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company. · Voluntary home fire prevention inspections · Swift water rescue team and equipment · Urban search and rescue team and equipment · Heavy rescue team and equipment · Hazardous material response · Fire prevention and education program = clown program and fire safety trailer Victim support program · CPR/First aid training for citizens · Emergency management program for disaster preparedness. 14 Fire Protection and Prevention Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane. Depending on the type of emergency, additional equipment will be required. For example, a structural fire requires 3 engine companies, 1 tmck company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response. The Fire Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time. However, the Denton Fire Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care. The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton. The Fire Department Strategic Plan calls for new fire stations located in the vicinity of Brush Creek Road and US 377, and in the FM 2449 / 1-35 W area. These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies. The FM 2449 / 1-35W station (#7) is being actively pursued at the present time, and is budgeted for Fiscal Year 2002-03, unless cimumstances exist beyond the control of the city. Station #8 will be programmed as conditions warrant, depending on new development and population growth. Other areas within existing city boundaries do not meet the 4-minute response time goal and are similar in duration to the expected response times to this annexation. Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan. The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth Fire Department for brush fire response into this area along with structure firefighting. 6. No automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton. Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and equipment is coordinated by the on-scene commander of the affected jurisdiction. Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department. Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire department as exists in the City of Denton. Emergency Medical Services Emergency Medical Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment. The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population. 15 C. ROADS AND STREETS Maintenance of roads and streets in the area to be annexed 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. Maintenance of Roads and Streets 1. An inventory of existing roads within in the subject area, including immediate and long- term maintenance and construction needs, is attached as Attachment "2". The City of Denton currently maintains 335 miles of road. The subject area currently contains 2.7 miles of public roads that are maintained by the County. These roadways would become the City of Denton's responsibility immediately upon annexation. No new equipment or facilities would be required to serve the area. o Based on a projected population of 8,000 residents, and assuming there will be additional roads constructed as property develops, it is anticipated that additional personnel will be required in order to maintain current levels of service at full development. Additional equipment for the street crew would include a dump track, backhoe and miscellaneous field supplies totaling $300,000.00. These resources would not be needed until the area becomes more fully developed. D. STREET LIGHTING Street lighting will be available on the effective date of the annexation. The City shall provide a level of services, infxastructure 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. E. PARKS AND RECREATION SERVICES If any city park and recreation facilities are located within the annexed area, the maintenance will begin 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. No parks are currently located within the proposed annexation area. The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area. Southlakes Park, located at Hobson at Santa Monica (approximately 1.2 miles away) and Denia Park, located at 1001 Parvin (approximately 1 mile away) are community parks located within reasonably close distance of the annexation tracts. Current residents will be able to use existing City of Denton parks, facilities and programs. Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area. Population projections indicate a build-out population of 8,000 people living in 3,000 housing units. Based on service standards set in the Park and Recreation Master Plan, 16 an estimated 20 acres of new parkland will be needed for neighborhood parks. Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a facility, which would not be completed until near the time of area build-out. Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements. Taxpayers share the costs of community parks on a citywide basis, typically through capital improvements programming. F. 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 facilities are maintained throughout the city. The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive. G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building inspections and consumer health services 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. Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered. H. PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services 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. The Planning and Development Department currently provides services to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, 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 a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and I00 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 fmal zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee based operation and receives no resources fi.om taxes. The current residential solid waste rate is $16 per month for twice per week pick-up. Commercial rates vary depending upon the scope of service provided. Solid waste collection service will be provided to the property on the effective date of the annexation. The City of Denton Sol/d Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of this annexation in accordance with Texas Local Government Code, Section 43.056(0) (Vernon Supp.2000). To receive solid waste 17 collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service. Solid Waste Collection Existing development in the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable impact upon those resources. Future impact will be determined by the rate of growth. For automated residential systems an additional residential route is needed for every 800~1000 dwellings. The city proposes to serve this area with automated residential collection using roll-out carts when such a route is extended into the annexation area. B. WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexation. The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system. 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. Maintenance of Water and Wastewater Facilities The city's Water Master Plan includes a 20-inch water main along US Highway 377. The proposed annexation areas can and most likely will be served by tapping into this 20-inch line. The Master Plan also includes a 12-inch water line along Country Club Road and Hickory Creek Road. The impact of annexation and development of the subject tract can be accommodated by the US Highway 377 Water Line. The City of Denton will be the retail provider of water utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service. No additional equipment will be needed for water to serve the annexation area. The Wastewater Distribution System Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Attachment "3'). The only existing City of Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor sewer line. The impact of annexation and development of the subject tract can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of the annexation tract, and the Hickory Creek Interceptor. The City of Denton will be the retail provider of wastewater utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for wastewater utility service. No additional equipment will be needed for wastewater to serve the annexation area. C. DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation. The City shall provide a level of services, infrastructure and infi:astmcture 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. 18 Drainage Services Annexation of this area includes subdivisions that may be poorly drained. Some areas could be substandard and susceptible to flooding. Major channel or storm drain systems may be required. Correction of these problems will require expenditure of City funds. ° Provision of drainage services is currently funded by water and wastewater ratepayers. As development occurs, and sewer or water service is extended to these areas, fimding will become available to provide drainage maintenance. 3. Easements may be necessary to provide adequate drainage. 4. This area contains creeks that do not have a detailed flood study. The Master Drainage Plan Update will include these properties, if annexed, as part of a detailed flood study. 5. Areas currently experiencing moderate to severe erosion may require eventual repair. New subdivisions would be subject to the City's Drainage Criteria, subdivision regulations, and interim regulations. Areas along Ryan Road and Country Club Road contain properties in the 100-year floodplain. Approximately 475 acres lie within the 100-year floodplain. In addition, this area contains designated Environmentally Sensitive Areas. The majority of the floodplain has a contributing drainage area of greater that one square mile. The proposed development code will essentially prohibit any disturbance of the floodplain and environmentally sensitive areas in these areas, allowing limited density transfers. Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodplain. D. ELECTRIC SERVICES Denton Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner. Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer. 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. Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service. Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area. The 138 kV transmission line crosses the annexation area. Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road. Denton Municipal Electric plans to build two substations: one on US 377 and the other at Teasley Lane and Hickory Creek Road. V. 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, 19 infrastructure and infxastructure 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) Construction of additional water, sewer, street and drainage facilities will begin within two and a half (2 ½) years unless certain services can not be reasonably provided within that period. If certain services cannot be reasonably provided, the city will provide those services within 4 and a half (4 ½) years after the effective date of the annexation. Construction will be completed within four and one- half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED 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) X. EXHIBITS Attachment 1: Annexation Tracts Location Map Attachment 2: Roadway Inventory Attachment 3: Water & Wastewater Facilities 20 ATTACHMENT 1 NORTH A-101 RoadlCountr Club Road Annexation LOCATION MAP Scale: None ATTACHMENT 2 Ryan Road / CoL~i~try Club Road Annexation Area 1Affected Streets Affected Streets Existing Sb'eets Plan. ned Thoroughfares Planned Collectors City Limits Annexation Area ATTACHMENT 3 WATER Legend Developments ~ Burch Tract · ~ Ryan Tract ~ Tl~e. Hills of Argy ~ The Vintage ~ Weatherford Tra Annexation Areas ~ 377 & 35 ~ Ryan & 1830 ~ Priority. Proposed Line N 0 0.5 ~ ] Mil ANNEXATION AREAS · Legend Developments ~ Butch Tract ~ Ryan Tract ~'~ The H!II? of Argyle ~//J The vintage " ~ Weatherf0rd Tract Annexation Areas ~ 377 & 35 ~ Ryan'& 1630 ~ Priority Proposed Line N 0 0.5 1 ~ ) Miles ')N AREAS ~. SERVICE pLAN SEWER RESTRICTIVE COVENANTS STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS _~ T~ESE Res. trictive Covenants ("Restrictive Covenants") are made and entered into as of the ,/r/ day of ~,'2,(~b~g.d.t _,c ,2001, by and between the CITY OF DENTON, TEXAS (the "City") and the hereinafter(jnentioned owners of the hereinafter described real property in Denton County, Texas: CONNIE ANN CARDWELL ("Cardwell"), owner of three parcels or tracts of land containing approximately 14.5924 acres, 15.7998 acres, and 0.3847 acres of land, respectively, located in the M. Rogers Survey, Abstract No. 1080, the Britton Survey, Abstract No. 51, and the J. Withers Survey, Abstract No. 1343 in Denton County, Texas as more particularly described as Tracts 3 and 4 in Exhibit "B" of that certain Partition Deed dated July 31, 1992 between Come Ann Cardwell and Tommie Dale Calvert recorded in Volume 3318, Pages 908-914 of the Deed Records of Denton County, Texas and that certain Warranty Deed dated August 26, 1992 from Rachael Belle Calvert, Individually and as Independent Executrix of the Estate of William Thomas Calvert, Deceased, to Connie Ann Cardwell recorded in Volume 3318, Pages 919-922 of the Deed Records of Denton County, Texas ("Cardwell Property"). TOMMIE DALE CALVERT ("T. Calvert"), owner of three parcels or tracts of land containing approximately 14.5923 acres, 15.7998 acres, and 0.3849 acres of land, respectively, located in the M. Rogers Survey, Abstract No. 1080, the Britton Survey, Abstract No. 51, and the J. Withers Survey, Abstract No. 1343 in Denton County, Texas as more particularly described as Tracts 1 and 2 in Exhibit "A" of that certain Partition Deed dated July 31, 1992 between Come Ann Cardwell and Tommie Dale Calvert recorded in Volume 3318, Pages 908-914 of the Deed Records of Denton County, Texas and that certain Warranty Deed dated August 26, 1992 from Rachael Belle Calvert, Individually and as Independent Executrix of the Estate of William Thomas Calvert, Deceased, to Tommie Dale Calvert recorded in Volume 3318, Pages 915~918 of the Deed Records of Denton County, Texas ("T. Calvert Property"). RACHEL CALVERT ("R. Calvert"), owner of an approximate 5.000 acre parcel or tract of land located in the M. Rogers Survey, Abstract No. 1080 in Denton County, Texas as more particularly described in that certain Warranty Deed dated May 11, 1964 from E.D. Calvert and wife, Beatrice Calvert to W. Thomas Calvert and wife, Rachel Calvert recorded in Volume 509, Pages 581-582 of the Deed Records of Denton County, Texas ("R. Calvert Property"). E.D. CALVERT, JR. ("E.D. Calvert"), owner of an approximate 2.61 acre parcel or tract of land located in the M. Rogers Survey, Abstract No. 1080 in Denton County, Texas as more particularly described in that certain Warranty Deed dated September 28, 1984 from Beatrice Calvert to E.D. Calvert, Jr. and William Thomas Calvert recorded in Volume 1496, Pages 921-924 of the Deed Records of Denton County, Texas ("E.D. Calvert Property"). CALVERT PAVING CORP. ("Calvert Paving"), owner of four parcels or tracts of land containing approximately 10.000, 10.464 acres, 60.800 acres and 5.000 acres of land, respectively, located in the J. W. Withers Survey, Abstract No. 1343, M. Rogers Survey, Abstract No. 1080, and n. Britton Survey, Abstract No. 51 in Denton County, Texas as more particularly described in that certain General Warranty Deed dated March 24, 1987 fi-om Earnest Dewey Calvert, Jr. and Dorothy Mae Calvert to Calvert Paving Corp. recorded in Volume 2115, Pages 425-428 of the Deed Records of the Denton County, Texas and in that certain deed recorded in Volume 1719, Page 924 of the Deed Records of Denton County ("Calvert Paving Property"). WALTER LEATHERWOOD ("Leatherwood"), owner of five parcels or tracts of land located in the John Rogers Survey, Abstract No. 1084 in Denton County, Texas as more particularly described in that certain Warranty Deed dated July 1, 1963 from M.M. Stuart and wife, Clay Henrietta Stuart to Ranch Walter Thomas Leatherwood and Thomas Jack Robertson recorded in Volume 496, Pages 241- 243 of the Deed Records of Denton County, Texas ("Leatherwood Property"). (Cardwell, T. Calvert, R. Calvert, E&W Calvert, Calvert Paving, and Leatherwood are hereinafter collectively called the "Property Owners". The term Property Owners or Property Owner includes their heirs, successors and assigns, and all future owners of any portion of the Property. The Cardwell Property, T. Calvert Property, R. Calvert Property, E&W Calvert Property, Calvert Paving Property, and Weatherford Property are hereinafter collectively called the "Property".) WHEREAS, the City has initiated the involuntary annexation of certain real property including the Property, pursuant to Annexation Case A-101, "Ryan Road/Country Club Road Annexation Area (the "Annexation Case"); and WHEREAS, the Property Owners have requested that the Property be deleted from the Annexation Case, in exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of each other and the City. NOW THEREFORE, in consideration of the covenants contained in these Restrictive Covenants, the City and Property Owners agree as follows: 1. The Property Owners hereby declare that all of the Property shall be held, sold and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Property Owner and the City. Page 2 S:\Our Documents\Contracts\00\RESTKICTIV E COVENANTS-A - 101 .doc 2. The Property Owners covenant and agree with each other and the City that they will not file for plat approval on their respective properties until such property has been annexed into the City. Such annexations shall be considered voluntary requests for annexation. The Property Owners and all of their heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by petition of the owners of the Property at the time of such armexation. Plat approval is defined as any plat approval authorized by Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. The City is a third party beneficiary of the covenants between the Property Owners. 3. Based on these Restrictive Covenants the City has agreed to delete the Property from the Annexation Case. 4. Any person who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice. Notice to the City shall be addressed as follows: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 5. These Restrictive Covenants are to run with the land described herein as the Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of thirty years from the date these Restrictive Covenants are recorded. These Restrictive Covenants shall not be amended without the prior written consent of the City. 6. These Restrictive Covenants may be enforced by any Property Owner or the City by any proceeding at law or in equity. Failure by any Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter. 7. Invalidation of any of the covenants or provisions conta'med in this instrument by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. 8. No subsequent change in the law shall in anyway affect the validity or enfomeability of these Restrictive Covenants. 9. This instrument may be separately executed in any number of individual counterparts, and such counterpart signatures, when assembled together, shall constitute one and the same instrument. The parties hereto have executed these Restrictive Covenants as of the date first above written. Page 3 S:\Our Documcnts\Coniracts\00\KESTRICTIVE COVENANTS-A-101.doc CITY OF DENTON, TEXAS Euline Brock, Mayor /~/ "}ei~fer K. W~lters City Secretary APPROVED AS TO FORM: HERBERT,/_ ~ ATTORNEY CONNIE ANN CARDWELL ~rOMMIE DALE CALVERT RACHEL CALVERT E.D. CALVERT, JR. CALVERT PAVING CORP. PRESIDENT '7/ WALTER LEATHERWOOD ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) Page4 S :\O ur Documen~\Con~acts\00\~ST~CTIV E COVENANTS-A- 101 .doc This instrument was acknowledged before me on the~_ day of~.~ , r::>O© O by Come Ann Cardwell. ~_~'~ --.~ ~ ~ / I@ I -... · - STATE OF TEXAS y Con~msslon exprres. -~/~ !/0 .~ I '~"~-'~C°mmissi°n Expires 3'21 '2002 I STATE OF TE~S ) CO~TY OF DENTON ) This msment was ac~owledged before me on ~he tg' day of ~ ~A , ~ ~ by To~ie D~e Calve~. ~(~ , ' . F~ ~ . _.~ ~ ~otm e~ui~, h ~d fo~th~ St~t~ of~,~as I~' (~ J21 ~e of Tex~ t STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the Friday of~ by Rachel Calvert. ....... I~a~ Put~o Notary Public, in and for the State of Texas ~ of Texc~1 Con'~n. Expires 3-2-2001 , My Commission expires: STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the:~, day of~,~,m..., , by E.D. Calvert, Jr. Notary Public, ih an f~the State of Texas [ ~ TOm ~o¥ I · I/tfxJ~'~'~ NOTARY PUBLIC I My Commission expires:. ~-~/~1 I\k/-4J~/STATE OF TEXAS [ ' Page 5 S:\Our Documents\Contxacts\00\RESTR1CTIVE COVENANTS-A-101.Ctoc STATE OF TEXAS ) COUNTY OF DENTON ) instrument was acknowledged before me on the,.~iay o~/?o~,u.~-,..~- , ~'o~ I This by ~. D. (3_ o31 ¢_~-'~7 , President of Calvert Paving Corp., ~ behai/~of said ~orporation. ' I~otar~ Public, in and fo~he~ate of Texas My Commission expires.' ~ I ] O ~ STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the [;)~day of"~., ~-~. , :~2z ~ ~q~] ~ato or rexm Not~ Public, in md for the State of Texas - - My Co~ssion expires: '~&-.~ [ TATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me ,20¢ by Euline Brock, Mayor of the City of Denton, Texas, ~ \~ My ¢omrriission ~xpirfl ~ :~6~' MAY 9, 2002 L--;'_'_' L _ _ ~ on the~4~y of ~{/~-~ Notary Pu*olic, inand for the{.State of Texas My Commission expires: RETURN TO: City of Denton City Attorney's Office 215 E. McKinney Denton, Texas 76201 Page 6 S:\Our Documents\Contracts\00\RESTP-JCTIVE COVENANTS-A-101 .doc