2001-092AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF
LAND COMPRISING APPROXIMATELY 534 ACRES IN THE SOUTHWESTERN SIDE OF
THE CITY OF DENTON'S EXTRATERRRITOTIAL JURISDICTION. TRACT TWO IS
LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS
CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE
APPROXIMATELY 6,400 FEET NORTH OF U.S. HIGHWAY 377. TRACT 3 IS LOCATED
NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-102).
WHEREAS, the City of Denton wishes to extend its City boundary line to include the 532 acre
tract labeled as "Tract #2" and the 1.7 acre tract labeled as "Tract 3", more particularly described in
Exhibit A; and
WHEREAS, notice was mailed in accordance with state annexation law and Denton City Code;
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, pubhc 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, 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 proceedings 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, this 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, 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;
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 532-acre tract labeled as "Tract 2", and the 1.7-acre tract labeled as "Tract 3",
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 territory 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 thc rights and privileges as citizens and
shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas.
SECTION 1I[: 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 temporarily 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: That this ordinance shall become effective immediately upon its passage and
approval.
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EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
U.S. 377 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 O.S. Brewster Survey, Abstract Number 56, the W. Sajvis Survey,
Abstract Number 1174, the S. Pritchett Survey, Abstract Number 1004, the J. Edmondson Survey,
Abstract Number 400, the W. Roark Survey, Abstract Number 1087 and being more particularly
described as follows:
BEGINNING at a point in the present Denton city limit line as established by Ordinance No. 60-40,
said point lying 500 feet southeasterly of and perpendicular to the centerline of Interstate Highway 35
West, said point also lying on the west line of the Kansas City Southern Railway Company (formerly
G.C. & S.F. Railroad);
THENCE South 20 degrees 50 minutes 12 seconds West, along the present Denton city limit line
established by Ordinance No. 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate
Highway 35 West centerline, a distance of 3,638 feet to a point for comer;
THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the city limit line
established by Ordinance No. 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate
Highway 35 West centerline, a distance of 5,869.69 feet to a point for a comer in the south line of the
said S. Pritchett Survey, Abstract Number 1004, same being the south line of the S. Pritchett Survey,
Abstract Number 1021 and the north line of the tract described in Ordinance No. 91-033, Tract IH;
THENCE South 89 degrees 02 minutes 00 seconds East, along the city limit line established by
Ord'mance No. 91-033, Tract III and said Survey lines, a distance of 2,700 feet to a point for comer at
the northeast comer of the said Tract III and the northeast comer of the J. Harris Survey, Abstract
Number 555, same being the northwest comer of the W. Roark Survey, Abstract Number 1087;
THENCE South 00 degrees 08 minutes 00 seconds West, continuing along the present Denton city
limit line established by annexation Ordinance No. 91-033, Tract Ill and the east line of said Hams
Survey and the west line of said Roark Survey, to and along the middle of a County Road, known as
Bonnie Brae, a distance of 2621.35 feet to a point for comer, said point being the Southwest comer of
a tract of land conveyed to Joab Partners L. P. recorded in Volume 4283 Page 855 Real Property
Records of Denton County, Texas;
THENCE South 89 degrees 29 minutes 08 seconds East along the South line of said to Joab Partners L.
P. tract a distance of 1700.62 feet
THENCE North 88 degrees 46 minutes 32 seconds East along the South line of said to Joab Partners L.
P. and the a North line of a tract of land conveyed to V. D. Burch recorded in Volume 239 Page 137
Deed Records of Denton County, Texas a distance 1502.66 feet
THENCE North 00 degrees 47 minutes 19 seconds West along the Northerly West line of said V. D.
Butch tract and passing the Northeast comer of said Joab Partners L. P. tract and passing the Southeast
comer of the tract of land conveyed to New Time Investments Corporation recorded in Volume 2399
Page 112 Real Property Records of Denton County, Texas and cont'muing along the East line of said
New Time Investments Corporation tract a distance 2294.14 feet to the Northeast comer of said New
Time Investments Corporation tract and also being the Northerly most Northwest comer of said V. D.
Burch tract;
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THENCE in a Southerly Direction the next following 7 calls along the East boundary of said V. D.
Burch tract and along and near the meridian of Hickory Creek;
1. THENCE South 84 degrees 05 minutes 01 seconds East a distance of 206.78 feet;
2. THENCE South 62 degrees 01 minutes 26 seconds East a distance of 242.77 feet;
3. THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206.78 feet;
4. THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298.70 feet;
5. THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622.41 feet;
6. THENCE South 28 degrees 10 minutes 12 seconds East a distance of 400.35 feet;
7. THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433.75 feet;
THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary line
a distance of 21.90 feet to a point for comer, said point being the northwest comer of the disannexation
tract established by Ordinance No. 80-1, Tract III, said point being 500 feet northwesterly of and
perpendicular to the centerline of U.S. Highway 377 and being on an annexation line established by
Ordinance No. 69-40, Tract III;
THENCE North 43 degrees 51 minutes East along said present Denton city limits established by
Ordinance No. 69-40, Tract III, 500 feet northwesterly of and parallel to the centerline of U.S.
Highway 377 a distance of 986 feet to a point for comer, said point being the intersection of the west
fight-of-way line of the Kansas City Southern Railway Company (formerly G.C. & S.F. Railroad) and
the southwest right-of-way line of the Union Pacific Railroad (formerly Texas and Pacific);
THENCE Northwesterly along the present Denton city limit line established by annexation Ordinance
65-43, Tract IV, and the west right-of-way line of the G.C. & S.F. Railroad an arc length of 1,877 feet
to a point for comer, said point being the southeast comer of City of Denton annexation Ordinance No.
84-18 and said point lying on the south line of the A. Hickman Survey, Abstract Number 521;
THENCE West with the south line of said Hickman Survey and the along the south line of said
Ordinance No. 84-18, a distance of 1,680 feet to a point for comer, same being the southwest comer of
said Hickman Survey;
THENCE North along the west boundary line of the said Hickman Survey and a west line of said
Ordinance No. 84-18, a distance of 1,029 feet to a point for comer lying in the centerline of Hickory
Creek;
THENCE North 48 degrees 14 minutes 27 seconds West along the centerline of Hickory Creek a
distance of 302.06 feet to a point for comer;
THENCE South 81 degrees 14 minutes 33 seconds West along the centerline of Hickory Creek a
distance of 958.63 feet to a point for comer;
THENCE South 58 degrees 07 minutes 54 seconds West along the centerline of Hickory Creek a
distance of 210.84 feet to a point for comer, said point lying within Bonnie Brae Road;
THENCE South 69 degrees 56 minutes 37 seconds West along the centerline of Hickory Creek a
distance of 350 feet to a point for comer, said point lying on the west line of the J. Edmonson Survey,
Abstract No. 400 and the east line of the S. Pritchett Survey, Abstract No. 1004;
THENCE North along said Survey lines a distance of 511 feet to a point for comer, said point being
the inner-ell comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed
recorded in Volume 966, Page 57 of the Deed Records of Denton County, Texas;
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 297.45 feet to a point for comer;
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 594.55 feet to a point for
comer, said point being the southwest comer of a 13.33 acre tract conveyed to Asa W. Yount et ux by
deed recorded in Volume 929, Page 734 of the Deed Records of Denton County, Texas;
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 422.50 feet to a point for comer,
said point being the southeast comer of a tract conveyed to The Veteran's Land Board of the State of
Texas by deed recorded in Volume 989, Page 401 of the Deed Records of Denton County, Texas;
THENCE North 26 degrees 51 minutes 20 seconds East a distance of 1,685.26 feet to a point for
comer;
THENCE South 89 degrees 24 minutes 20 seconds East a distance of 600 feet to a point for comer,
said point lying on the west line of said J. Edmondson Survey, Abstract Number 400 and the east line
of said W. Sajvis Survey, Abstract Number 1174, said point also being a southwest comer of the
present Denton city limits established by annexation Ordinance No. 84-18;
THENCE North with the east line of said W. Sajvis Survey and a west line of said Ordinance No. 84-
18, a distance of 1,100.00 feet to a point for comer at the northeast comer of said W. Sajvis Survey,
said point also lying in an east and west county road (Corbin);
THENCE West with the North line of said W. Sajvis Survey and a north line of said Ordinance No.
84-18 and in an east and west county road (Corbin) to the southwest comer of Lot 23 of the Solar Way
Addition for a comer;
THENCE North 01 degrees 18 minutes 49 seconds East a distance of 592.76 feet to a point for comer
at the northwest comer of Lot 21 of said Solar Way Addition;
THENCE South 87 degrees 17 minutes 13 seconds East a distance of 387.56 feet to a point for comer
at the southwest comer of Lot 10 of said Solar Way Addition;
THENCE North 04 degrees 55 minutes East a distance of 33.30 feet to a point at the southeast comer
of Lot 9 of said Solar Way Addition;
THENCE North 42 degrees 52 minutes 40 seconds West a distance of 75.76 feet to a point for comer;
THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80.26 feet to a point for comer;
THENCE North 14 degrees 56 minutes 43 seconds West a distance of 70.14 feet to a point for comer;
THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119.03 feet to a point for comer;
THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186.85 feet to a point at the
northwest comer of Lot 9 and the southwest comer of Lot 8 of said Solar Way Addition;
THENCE North 19 degrees 47 minutes 27 seconds East a distance of 713.54 feet to a point at the
northwest comer of Lot 1 of said Solar Way Addition;
THENCE South 89 degrees 12 minutes 11 seconds East along the north boundary line of said Lot 1 a
distance of 483.25 feet to a point for comer, said point lying 500 feet west of the east line of said O.S.
Brewster Survey, Abstract No. 56;
THENCE North 500 feet west of and parallel to the east line of said O.S. Brewster Survey, a distance
of 700 feet to a point for comer;
THENCE East with the north line of said Ordinance No. 84-18, a distance of 500.00 feet to a point for
comer in the west right of way line of said Kansas City Southem Railway Company, same point also
being in the present city limit line as established by Ordinance No. 60-40;
THENCE Northwesterly with the western right of way line of said Kansas City Southern Railway
Company and the present Denton city limit line as established by Ordinance No. 60-40 along the
various calls a total distance of 2,400 feet to the POINT OF BEGINNING and conta'ming in all 553
acres of land, save and except a 21 acre tract of land owned by Joe M. Erwin described in an Extension
of Lien Instrument recorded in Volume 659, Page 25 of the Deed Records of Denton County, Texas,
for a net acreage of 532 acres.
SAVE & EXCEPT TRACT:
ALL that certain lot, tract or parcel of land situated in the County of Denton and State of Texas, 4-1/2
miles south 45 deg. West from Denton and being part of the most northern S.A. Pritchett Survey, and
more particularly described as follows:
BEGINNING 475.2 ws. South of the northeast comer of the original survey, a rock;
THENCE West 594 vrs. a rock for comer;
THENCE South 34 yrs. a stake in the center of the channel of Hickory Creek;
THENCE down the center of the channel of Hickory Creek as it meanders to a point where said creek
crosses the east boundary line of the original survey;
THENCE North with said east boundary line 184 yrs. to the PLACE OF BEGINNING, conta'ming 21
acres of land, more or less.
U.S. 377 Area -Tract 3
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 O.S. Brewster Survey, Abstract Number 56 and also being part of a tract
of land as conveyed from Earl W. Wilson to Sue M. Wilson by deed as recorded in Volume 774, Page
633, Deed Records, Denton County, Texas, same being the save & except tract as described in City of
Denton annexation Ordinance No. 84-18, and being more particularly described as follows:
BEGINNING at an old iron pin at a fence comer at the southeast comer of said 2.11 acre tract and in
the east boundary line of said O.S. Brewster Survey, Abstract Number 56 and being in the present
Denton city limits as established by Ordinance No. 84-18;
THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton city limits as
established by Ordinance No. 84-18 and with said fence, a distance of 269.36 feet to a steel pin at a
fence comer in the east fight of way line of Bonnie Brae Street, a public road;
THENCE North 20 degrees 55 minutes East along the present Denton city limits as established by
Ordinance No 84-18 and with the east right of way line of said Bonnie Brae Street, a distance of 420.5
feet to a steel pin at a fence comer and being the southwest comer of a tract out of said 2.11 acre tract
as described in a deed from Lavella Barber to J.H. Howard and wife, on November 14, 1964, and
recorded in Volume 516, Page 140, Deed Records, Denton County, Texas;
THENCE South 72 degrees 12 minutes 40 seconds East along the present Denton city limits as
established by Ordinance No 84-18 and with said fence, a distance of 124.85 feet to a steel pin at a
fence comer in the east line of said 2.11 acre tract and of said O.S. Brewster Survey, Abstract Number
56;
THENCE South along the present Denton city limits as established by Ordinance No. 84-18 and with
said fence and said O.S. Brewster Survey, Abstract Number 56, a distance of 340.8 feet to the POINT
OF BEGINNING and containing 1.654 acres of land.
Exhibit B
CITY OF DENTON ANNEXATION SERVICE PLAN FOR
A-102 (US 377/I 35 W)
AREA ANNEXED
The annexation area is located in the southwestern portion of the extra-territorial jurisdiction of
the City of Denton, and contains approximately 553 acres. The annexation area of Tract #2 is
located east of Interstate Highway 35 West and west of the Kansas City Southern Railway
Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection of
U.S. Highway 377. Tract #3 is located northeast of the intersection of Corbin and Bonnie Brae.
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 plan. The City shall provide the annexed tracts 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.
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
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 Seams) 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
· Swigt 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
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· Emergency management program for disaster preparedness.
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 track
company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response.
o
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 Brash 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 presmat
time, and is budgeted for Fiscal Year 2002-03, unless circumstances 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 brash fire response into this area along with structure
firefighting.
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.
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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
An inventory of existing roads within in the subject area, including those subject to
immediate and long-term maintenance, and future construction needs that will be the
responsibility of the city, is attached as Attachment "2".
The City of Denton currently mainta'ms 335 miles of road. The subject area currently
contains 3.8 miles of public roads that are rna'retained 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.
Based on a projected build-out population of 14,000 residents, and 300,000 square
feet of industrial development, 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 $650,000.00. These resources would not be
needed until the area becomes more fully developed.
D. STREET LIGHTING
Street light'mg will be 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.
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,
in~astmcture 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.
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Parks and Recreation Facilities
The em-rent 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 14,000
people living in 5,500 housing units. Based on service standards set in the Park and
Recreation Master Plan, an estimated 35 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 del/vered.
H. PLANNING AND DEVELOPMENT SERVICES
Planning and Development Department services will be provided 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 land use in the
city and its ETJ, and the subject tracts contain potions of a Regional Mixed Use Center,
Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, 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 pattems, 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.
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 from taxes. The current residential solid waste rote is $16 per month for twice per week
13
pick-up. Commercial rotes 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 Solid 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) (Vemon Supp.2000). To receive solid waste 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 thc 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.
Water and Wastewater Facilities
The Water Master Plan includes the 20-inch water main along US Highway 377. The
proposed annexation areas could be served by tapping into the 20-inch water main. This
line will be available for service by April 2001. However, this 20-inch line by itself
cannot provide service capacity for the entire annexation area. The Master Plan also
includes a 16-inch water line along Bonnie Brae, a 12-inch line through the Vintage Sub-
division and a 20-inch line along 1-35W that will end at Crawford Road. These lines are
not currently in the FY 2000-2004 Capital Improvements Plan. The proposed master plan
water lines in the annexation area are shown in Attachment "3". 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.
The Wastewater 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 tracts 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
14
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 infrastructure maintenance that is comparable to
the level of services, infrastructure and infi'astructure 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
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, funding will become available to provide dra'mage ma'mtenance.
3. Easements may be necessary to provide adequate drainage.
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 Hickory Creek Road, FM 1830,
Highway 377, Country Club Road, and Brash Creek Road contain properties in the
100-year floodplain. Approximately 740 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. 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 mainta'med 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.
15
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,
infrastructure and infi'astrueture 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, inchid'mg 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
16
ATTACHMENT 1
A-'102 US 377/I-35W Annexation
LOCATION MAP
Scale: None
ATTACHMENT 2
US 377 / 1-35 W Annexation Area
Affected Str,?.ts..
/ \ / Planned Thoroughfare~
~ I~r~d Cdl~c~s
'A-/aty Urr~ts
L
ATTACHMENT 3
Legend
· D-ev. ~1 .o~ments
· Ryan Tract
The Hills of Arg~;le
· :¢he'Vint~g~
~ Weatherford Tract
Annexation Areas
[~ 377 & 35
~ Ryan & 1830
~ Priority
Proposed Line
N
WATER
0 0.5 I
L · , m,,~'"'-s'
ANNEXATION AREAS - $"
Legend
Developments
~ Bu,rch :Tracti-:; ' . ':
~ ~qya'n Trabt ': "
~ The Hills of Argyle
~ The Vintage
~ Weatherford Tract
Annexation Areas
~ 377 & 35
~ Ryan & 1830
~ Priority
=,'='='='= Prdposed Line
AREAS - SERVICE PLAN1
SEWER
RESTRICTIVE COVENANTS
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS
,4/&T, HESE Res,trictive Covenants ("Restrictive Covenants") are made and entered into as of
the~'/' day of ~J,~-~ , 2001, by and between the CITY OF DENTON, TEXAS
(the "City") and the hereinafter/fnentioned owners of the hereinafter described real property in
Denton County, Texas:
JACKIE E. HOWELL AND WIFE, TONI J. HOWELL ("Howell"), owners of a
parcel or tract of land containing approximately 13.33 acres of land located in the
J. Edmonson Survey, Abstract No. 400, the S.A. Pritchett Survey, Abstract No.
1004, and the William Shahs Survey, Abstract No: 1174 in Denton County Texas
as more particularly described in Exhibit "A' attached hereto and incorporated
herein by reference ("Howell Property").
ASA W. YOUNT AND WIFE, CHARLENE YOUNT ("Youm"), owners a parcel
or tract of land containing approximately 13.33 located in the J. Edmonson
Survey, Abstract No. 400 and the S.A. Pritchett Survey Abstract No. 1004 in
Demon County, Texas as more particularly described in that certain Warranty
Deed dated December 6, 1978 from Jolene Miriam Chellson and husband, Carl
Robert Chellson to Yount recorded in Volume 929, Pages 734-737 of the Deed
Records of Denton County, Texas ("Yount Property").
JACK ARLYN PARKES ("Parkes"), owner of an approximate 38.06 acre parcel
or tract of land located in the J. Edmonson Survey, Abstract No. 400 in Denton
County, Texas as more particularly described in that certain Warranty Deed dated
April 15, 1998 from Jack Arlyn Parkes as the Independent Executor of the Will
and Estate of Lucille Parkes, Deceased to Parkes recorded in Volume 4073, Pages
1207-1211 of the Deed Records of Denton County, Texas ("Parkes Property").
JULE M. SEWELL ("Sewell"), owner of a parcel or tract of land approximately
0.940 acre located in the J. Edmonson Survey, Abstract No. 400 in Denton
County, Texas as more particularly described in that certain General Warranty
Deed With First and Second Vendor's Liens dated February 6, 1998 from W.
Christopher Reiss and wife, Wanda Sue Reiss to Sewell and recorded in Volume
4026, Pages 1733-1736 of the Deed Records of Denton County ("Sewell
Property").
LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. ("Foundation"),
owner of a parcel or tract of land located in the J. Edmonson Survey, Abstract No.
400 in Denton County, Texas as more particularly described in that certain
Warranty Deed dated September 17, 1959 Trustees of Boy Scouts of America at
Denton, Texas to the Foundation recorded in Volume 450, Pages 526-527 of the
Deed Records of the Denton County, Texas ("Foundation Property").
TOMMY R. HOLAMON AND WIFE, SHARLET HOLAMON ("Holamon"),
owner of a parcel or tract of land containing approximately 15.20 acres,
respectively located in the J. Edmonson Survey, Abstract No. 400 and the S.A.
Pritchett Survey Abstract No. 1004 in Denton County, Texas as more particularly
described in those certain Contract of Sale and Purchase dated July 25, 1979
between the Veterans Land Board of the State of Texas and Tommy R. Holamon
recorded in Volume 966, pages 60-64 of the Deed Records of Denton County,
Texas ("Holamon Property").
JOE M. ERWIN ("Erwin"), owner of a parcel or tract of land containing
approximately 21.00 acres of land, located in the S.A. Pritchett Survey, Abstract
No. 1004 in Denton County, Texas as more particularly described in that certain
instrument dated October 27, 1972 recorded in the Deed Records of Denton
County, Texas ("Erwin Property").
(Howell, Yount, Parkes, Sewell, Foundation, Holamon, and Erwin 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 Howell Property, Yount Property, Parkes
Property, Sewell Property, Foundation Property, Holamon Property, and Erwin
Property are hereinafter collectively called the "Property".)
WHEREAS, the City has initiated the involuntary annexation of certain real property
including the Properly, pursuant to Annexation Case A-102, "US 377-35W 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.
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 annexation. Plat approval is defined as any plat approval authorized
Page 2
S:\Our Documents\Contracts\00\RESTRICTIVE COVENANTS-A- 102#2.floc
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 fight to do so thereafter.
7. Invalidation of any of the covenants or provisions contained 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 fome and effect.
8. No subsequent change in the law shall in anyway affect the validity or
enforceability 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.
ATTEST:
CITY OF DENTON, TEXAS
Euline Brock, Mayor
Page 3
S :\Our Doeuments\Con~racts\00\RESTRICTIVE COVENANTS-A -102#2.floe
APPROVED AS TO FORM:
LL
TONI J. HOWELL
A-SA w.-YGUNg ~" '~ -/'~ - '
CHARLENE YOI~T
JAgr ARZYNPAR~S C
LONGHOP~ COUNCIL BOY SCOUT
Title:/'
EWELL \
TOUR. HOL~ON
. ER~
Page 4
S:\Our Documents\Contracts\00~RESTRlCT1VE COVENANTS-A-102#2.doc
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the ["l~day of
by Jackie E. Howell.
f,~T'~m"i~.~ Notary Public
{t,~,.,\[~x~]~] State of Texas
,
Notary Public, in and for the State of Texas
My Commission expires:
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the I"1 day of'-~'-~
by_~pni J. ttowe!L
~(-~*'~. CHRISTINE A. DICK
l f:T.g .h*3 Notary Public I
l State Te×os
X~.~.~ (.~ 5.o,,mm. Expires 3-~212001 J
Notary Public, in and for the State of Texas
My Commission expires: %--~-Joo i
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the C14'~day of"-~Lv,x~'vvt,4 ,
by Asa W. Yount.
Notary Public, in and for the State of Texas
My Commission expires: -5~5~_3.~01
STATE OF TEXAS )
COUNTY OF DENTON )
byThiScharleneinStmment Yount.Was acknowledged before me on,~,sthe t~fi'day of-'~a ~,
....................... Notary Public, in ~d for ~e State of Texas
;. *~ ]~:3~m ).i Notary Pubic j My Co~ission expires:
Page 5
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STATE OF TEXAS )
COUNTY OF DENTON )
This
instrument
was acknowledged before me on the ~_ day
by Jack Arlyn Parkes.
\~k~/'~_dej State of Texas 1
!~ Comm. Expires 3-2-2001
Notary Public, in and for the State of Texas
My Commission expires: :~-
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument &vas acknowledged before me o~.h.e ~_ day of ~&JaB3~
by ~ IN'f3 '~)~5t/Z// , ( ", of~Ix~h~m Co~cil Boy Scout
Fo~datio~, Inc., on behalf of said foundation. ~" ( )
~ N~Public, in~d[~eSta~ofTexas
[I.~ FEBRUARy ~2, m 1[ My Co~ission expires: ~
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was ackn_o_w_~ledged
?~F~d.,~\" \ Notary Public
t~~ _e.T~Stat~ of Texas
before me on the i'l~ay of'-'~Dr-~tJ-~ , ~-tz~o [
Notary Public, in and for the State of Texas
My Commission expires:
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the l'~ay of ~ ?rvJ~4,c4 ,
by Tommy R. Holamon. C k~w.~...~ DC:~
Not~
Public,
in
~d for the State of Texas
~'~ C~S~NE A.
l~F~)t Hotory pu~tic I My Co~ission expires:
~ ~,~ State of lexaS t
Comm. 3 2 .
Page 6
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STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the Fl'~ay of' .3~,,a~ ~.~,
by Sharlet Holamon. ~ Lg.~,-.~-~- o
Notary Public, in and for the State of Texas
My Commission expires: :~-;~- ,~,:x~ ~
STATE OF TEXAS )
cou,rr~oF DENTON )
was acknowledged before me on the ~_l~ay of ~c~r,,~_t,4.4, ~
This
instrument
by J_o~M,~:..~r~j~ ~ ;~ ,.
z-~/:_2x.~*~ N~or~ ~[~,~..,~ Nota~ Public, in ~d for the State of Texas
.................... My Co~ission expires:
STATE OF TEXAS )
COUNT¥ Or DENTON )
This instrument was acknowledged before me on th~ay of ~b/J~/, 200~ by Euline
Brock, Mayor of the City of Denton, Texas, on beVf ~f said~-.///~- ~7~
( ~4~ L~~
Not~blic, ~d f~e State of Texas
[~*~E~ Nota~Pu~tie, S~tootro~s ~ My Co~ission expires: OD~qPL
· ~ UA~, ~oo2 ~
Page 7
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Exhibit "A"
Ail that certain 13.33 acre tract or parcel of Iand situated in the S. A. Pritchett Survey, Abstract
No. 1004, J. Edmonson Survey, Abstract No. A400, and William Sharis Survey, Abstract No.
1174, Denton County, Texas; said tract being a part of a 236.04 acre tract described in deed from
George Hopkins to Grant Messinger and recorded in Volume 760, page 480 of the Deed Records
of Denton County, Texas; said tract being further described herein by metes and bounds as
follows:
Beginning, for the most northerly sontheast comer of the tract being described herein, an iron pin
set in the ground; said point lies North 01 degree 14 ~ninutes 30 seconds East 2644.6 feet from
the southeast comer of said Pritchett Survey, said point of beginning being in the west line of
Bonnie Brae Street;
Thence North 89 degrees 24 minutes 20 seconds West 400.0 feet to an iron pin set in ground;
Thence South 21 degrees 47 minutes 30 seconds West 1446.83 feet to an iron pin set in ground;
Thence North 89 degrees 03 minutes 10 seconds West 422.50 feet along general course of fence
line to an iron pin set in ground;
Thence North 26 degrees 51 minutes 20 seconds East 1685.26 feet to an iron pin set in ground;
Thence South 89 degrees 24 minutes 20 seconds East 600.0 feet to an iron pin set in the west line
of Bonnie Brae Street;
Thence South 00 degrees 35 minutes 40 seconds West 165.0 feet with the west line of Bonnie
Brae Street to the place of beginning.
RETURN TO:
City of Denton
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
S:\Our Documents\Miscellaneous\01\Howell Legal Description.doc
RESTRICTIVE COVENANTS
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS
,.OxT.,THESE Re~ctive Covenants ("Restrictive Covenants") are made and entered into as of
the ',/,',~,,_d_a,,y, of ~fl,/d.,DM..~, 2001, by and between the CITY OF DENTON, TEXAS
(the City ') and the hereinafterqnentioned owners of the hereinafter described real property in
Denton County, Texas:
ALBERT R. HUGHES ("Hughes"), owner of an approximate 92.382 acre parcel
or tract of land located in the B.B.B. & C.R.R. Survey, Abstract No. A-159 in
Denton County, Texas as more particularly described in that certain Warranty
Deed dated December 20, 1991 from American Bank, N.A. to Hughes and
recorded in Volume 3129, Pages 752-757 of the Deed Records of Denton
County, Texas ("Hughes Property").
bo
ANGELA DOMINGUEZ AND MICHAEL JOHN BARBER ("Dominguez &
Barber"), owners of two parcels or tracts of land approximately 2.000 acres and
32.390 acres, respectively, located in the B.B.B. & C.R.R. Survey, Abstract No.
A-159 in Denton County, Texas as more particularly described in that certain
Warranty Deed dated June 12, 1998 from Linda Alred Fox as Trustee of the
Marie Alred Stinchcomh Testamentary Trust to Dominguez & Barber recorded in
Volume 4357, Pages 240-242 of the Deed Records of Denton County, Texas
("Dominguez Property").
JERRY A. MCCUTCHIN ("McCutchin"), owner of an approximate 147.580 acre
parcel or tract of land located in the B.B.B. & C.R.R. Survey, Abstract No. A-159
in Denton County, Texas as more particularly described in that certain Warranty
Deed dated July 20, 1994 from Real Property Exchange, L.C. to McCutchin
recorded in Denton County Clerk Certificate No. 94-R0057622 of the Deed
Records of Denton County, Texas ("McCutchin Property").
JERRY L. BLOCKER ("Blocker"), owner of two parcels or tracts of land
approximately 10.108 acres and 3.550 acres, respectively, located in the B.B.B. &
C.R.R. Survey, Abstract No. A-159 in Denton County, Texas as more particularly
described in those certain two Warranty Deeds from MaD, Lucile Aked,
Individually and as the Independent Executrix of the Estate of Claud C. Alred,
James Robert Alred, Linda Janell Fox, Sherry Alred, Weldon M. Alred, and Susie
Aked Henderson to the Veterans Land Board of Texas dated October 4, 1979 and
recorded in Volume 987, Pages 825-830 of the Deed Records of Denton County,
Texas and from Mary Lucile Alred, Individually and as the Independent
Executrix of the Estate of Claud C. Alred, James Robert Alred, Linda Janell Fox,
Sherry Alred, Weldon M. Alred, and Susie Alred Henderson to Jerry L. Blocker
dated March 21, 1978 and recorded in Volume 882, Pages 465-468 of the Deed
Records of Denton County, Texas ("Blocker Property").
MILLARD TAFT SMITH, TRUSTEE OF THE WILLIAM TAFT SMITH
FAMILY TRUST, and MILLARD TAFT SMITH, NONA G. SMITH and
PEGGY OLENE SMITH BASSHAM, Individually ("Smith"), owner of two
parcels or tracts of land approximately 88.430 acres and 10.530 acres,
respectively located in the H. Haygood Survey, Abstract No. A-517 in Denton
County, Texas as more particularly described in that certain Exeeutor's Deed
dated January 29, 1999 from Millard Taft Smith, as Independent Executor of the
Estate of WILLIAM TAFT SMITH, Deceased, to MILLARD TAFT SMITH,
SUCCESSOR TRUSTEE of the WILLIAM TAFT SMITH FAMILY TRUST
recorded in Volume 4267, Pages 1280-1283 of the Deed Records of the Denton
County, Texas ("Smith Property").
PATRICIA A. BROWN, FRANCES BROWN DOBY, AND BETTY FANNING
("Brown"), owner of two parcels or tracts of land approximately 9.000 acres and
124.500 acres, respectively located in the H. Haygood Survey, Abstract No. A-
517 and the Wm. Smith Survey, Abstract No. 1187 in Denton County, Texas as
more particularly described in that certain Warranty Deed dated May 31, 1941
from Southwestern Life Insurance Company to L.Z. Brown recorded in Volume
290, Pages 382-383 of the Deed Records of Denton County, Texas ("Brown
Property").
(Hughes, Dominguez & Barber, McCutchin, Blocker, Smith, and Brown 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 Hughes Property, Dominguez &
Barber Property, McCutchin Property, Blocker Property, Smith Property, and
Brown 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-102, "US 377-35W 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 mn 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.
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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 annexation. 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 bo deemed a waiver of the right to do so thereafter.
7. Invalidation of any of the covenants or provisions contained 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
enforceability 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.
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Euline Brock, Mayor
ATTEST: ~ ]
~/ ' )enl~fer K. Walters City Secretary
APPROVED AS TO FORM:
BY:"-~~ '~ ,
E .r OMn' ou z
MICHAEL JOHNfBARBER //2
~Y A. M~CUTCff~ '
~Y L. ~OC~
WILLIAM TAFT SMITH FAMILY TRUST
MILLARD TAFT SMITH, TRUSTEE
MILLARD TAFT SMITH/)
P~ ,C~L-ENE SMITH BASSHAM, '
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NONA G. SMITH
PATRICIA A. BROWN
FRANCES BROWN DOBY ~
BETTY' ~I~NG ' -- U
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the
by Albert R. Hughes.
Notary Public, in and for the State of Texas
My Commission expires:
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the [[~'~day of ,'~-4-,~ ~ , &c~ ~
by Angela Dominguez. ~..~ 4C~ ~(_~
Notary Public, in and for the State of Texas
My Commission expires:
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STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the~__ day o ,
by Michael John Barber. x~-~"~ ~ ~'~
Notary P[~blic, in and for the State of Texas
STEP,^N,E FO,O i
IV~\J/'~J~] state of Texas
STATE OF TEXAS )
COUNTY OF DENTON )
My Commission expires:
This instrument was acknowledged before me on the ]~4~ay off~o/u~zn~--,, ~,913 O
by Jerry A. McCutchin. ~ ; -i ~ff (~ ~
· .... ~ Nota~Public, in ~nd r~_tlhe State of Texas
I ~x TONI REEDY !
Iff_A._~\ NOTARY PUBLIC I -- / /
IL )dJJ ST , o.' xns I Co missio.expires:
I ~Commission Expires 3-~1-2002 ]
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on thel~)'~kday
by Jerry L. Blocker.
Notary Public, in and for the State of Texas
My Commission expires:
STATE OF TEXAS )
¢oUNTyo DENTON )
This instrument was acknowledged before me on the/t~ay o~r'//o,.~ax~, ~_-~ c:>20 O
by Milled TaR Smith, Trustee of the Willim ~ S~,~mst,~n beh~ said mst.
Not~ Pubiic( in ~r the State of Texas
~,}'--~O~I~E~y ~ My Co~ission expires: ~ 1~ ],/O ~
~Con ' ' ' - - 02
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STATE OF TEXAS )
coum¥ oF DENTON
This instrument was acknowledged before me on the ~4~ay c~f~~ ,~.~c> O
by Milliard TaR Smith, Individually. ~
[~h NOT~)ffI~P~JBLICI 1/'dblic, in and for t~tate of Texas
1\\/,,,4J/ STATE OF TEXAS . . . ~ ! ]
I ~.~ommissio. I~xpires 3-z1-:~002 My Commission expires:
STATE OF TEXAS )
COUNTY OF DENTON )
This instrmnent was acknowledged before me on thdO~day o~,
by Peggy Olene Smith Bassham, Individually. ~,.,r~ ,,_..~£. ,~,. ~,~
No~-ar~ P~blic, in and for the State of Texas
! [f~-~,~,~'s~.~ Notary Publi~ My Commission expires:
);! ote at Texo*
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the~_~ay of~IBLU).~_. ,
byNonaG. Smith. ~. ~ _ .
.~>b t
NotaryPublic, in and for the State of Texas
My Commission expires: > ~ 1 ~- ~ {
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the/~-,~day of t~,~,a ~ ~,
by Patricia A. Brown.
Notary P~c, in and ~or the state of Texas
My Commission expires: /) ec ~7~3_, do v /
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STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the ~:~day of
by Frances Brown Doby.
STATE OF TEXAS )
COUNTY OF DENTON )
/
Notary P~}~14/c, in and f~r the State of Texas
My Commission expires:
This instrument was acknowledged before me on the.(~ day of ~, ,~ .~ ,.~ ,
by Betty Fanning.
Notary P Lul~Jin and for the State of Texas
My Commission expires: /,~ -,..:~? - d; t/
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the'~7~a~ of ~0q2//~/gj_K, 200¢ by Euline
Brock, Mayor of the City of Denton, Texas, on behalfofSaid city..~ (ff
Notary Public, irt and for the S,~te of Texas
RETURN TO:
City of Denton
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
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