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2001-451AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E PIZANO SURVEY, ABSTRACT NUMBER 994, THE G PETTING~LE SURVEY, ABSTRACT NUMBER 1041, THE J TAFT SURVEY, ABSTRACT NUMBER. 1269, THE BBB & CRR SURVEY, ABSTRACT NUMBER 158, THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1021, THE G WEST SURVEY, ABSTRACT NUMBER 1393, THE J DALTON SURVEY, ABSTRACT NUMBER 353, AND THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I BYERLY SURVEY, ABSTRACT NUMBER 1458, AND THE J DALTON SURVEY, ABSTRACT NUMBER 353 AND ALSO BEING A PART OF A TRACT OF LAND CONVEYED TO PETRUS INVESTMENT, L P BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 99-01174~0, TRACTS I & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDiNG AN EFFECTWE DATE (A01-0005) WHEREAS, the property owner has petitioned for the annexation of approxunately 2194 acres of land described herein, and WHEREAS, on September 12, 2001, the Planning and Zoning Commission recomme~Ided approval of the petition for annexation, and W~-IEREAS, public hearings were held m the Council Chambers on September 4, 2001, and September 18, 2001, (both days being on or after the 20th day but before the 40th day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the lntroduct, on ofttus orchnance at a meeting of the City Council on October 9, 2001, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the Clay of Denton on October 13, 2001, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and Page 1 of 10 WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of mumclpal services to the annexed property, is approved as part of this ordinance The service plan was made avmlable for public inspection and explanation to the inhabitants of the area being annexed at the above described public heanngs SECTION 3 Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaxnmg 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 expressly described in this ordinance SECTION 4 This ordinance shall become effective immediately upon its passage and approval theo~] PASSED AND APPROVED flus day of~, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~ITY ATTORNEY BY / / (/ -- Page2ofl0 EXHIBIT "A" The property is generally located m the southwestern section of the City of Denton The property as bounded on the north by F M 2499 and on the south by Ed Robson Boulevard (formerly known as Crawford Road) and on the east by an approximate 320 foot wade strap of land In the C~ty Llmzts on the west s~de Interstate 35W and on the west partmlly by John Paine Road and the Robson Ranch Development More particularly all that certmn lot, tract or parcel of land lying and being situated an the County of Denton, State of Texas, and being part of the E Pazano Survey, Abstract Number 994, the O Pettmgale Survey, Abstract Number 1041, the J Taft Survey, Abstract Number 1269, the B B B & C R R Survey, Abstract Number 158, the S Pntchett Survey, Abstract Number 1021, the G West Survey, Abstract Number 1393, the J Dalton Survey, Abstract Number 353, and the S Pntchett Survey, Abstract Number 1004, and the I Byerly Survey, Abstract Number 1458, and the J Dalton Survey, Abstract Number 353 and also being a part of a tract of land conveyed to Petrus Investment, L P by deed as recorded by County Clerk's File Number 99-0117450, Tracts I & III, Real Property Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point ~n the existing northern right of way line of Farm-to-Market 2449 (herein after referred to as "F M 2449") and the present Denton city limits as estabhshed by the west lane of Ordinance No 91-033, Tract IV, and also being in the south lane of sand Petrus, Tract I tract of land, THENCE South 00 degrees 05 mmutes 11 seconds West crossing sand F M 2449 for a distance of 113 39 feet to a point an the ex,sting southern right of way hne of said F M 2449 and the present Denton city hmats as estabhshed by the west hne of Ordinance No 91-033, Tract V, and also being an the most northerly north lane of sand Petrus, Tract I tract of land, THENCE South 00 degrees 05 minutes 31 seconds West along the present Denton city hm~ts as estabhshed by Ordinance No 91-033, Tract V and the most easterly east hne of said Petrus, Tract I tract of land for a distance of 1,357 72 feet to a point an the present Denton city hm~ts as estabhshed by the west lane of Orthnance No 91-033, Tract V, and the present Denton city hm~ts as estabhshed by Ordinance No 69-40, Tract II, same point being 500 feet perpendicular to the centerhne of Interstate 35-W, THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton city hmats as estabhshed by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to the centerhne of Interstate 35-W for a d~stance of 8,922 60 feet to an angle point, THENCE South 29 degrees 55 minutes 51 seconds West continuing along the present Denton city hmlts as estabhshed by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to the centerhne of Interstate 35-W for a distance of 5,234 02 feet to a point an the common property lane of sand Petrus, Tract I tract of land a tract of land conveyed to Geha Estes Coleman by deed as recorded by County Clerk's File Number 00-0000573, Real Property Records, Denton County, Texas, Page 3 of 10 THENCE North 00 degrees 09 minutes 01 seconds East along the common property line of smd Petms, Tract I tract of land and said Coleman tract of land for a distance of 994 54 feet to the northeast corner of smd Coleman tract of land, THENCE North 89 degrees 46 minutes 33 seconds West continuing along the common property line of smd Petms, Tract I tract of land and said Coleman tract of land for a distance of 723 01 feet to the northwest comer of smd Coleman tract of land, THENCE South 00 degrees 14 minutes 41 seconds West continuing along the common property line of said Petms, Tract I tract of land and smd Coleman tract of land for a distance of 1,428 17 feet to a point m the present Denton city hmlts as established by Ordinance No 99-221, smd point being 1000 00 feet parallel of and perpendicular to the existing north right of way line of Crawford Road, a public road, THENCE North 89 degrees 32 minutes 57 seconds West along the present Denton city limits as established by Ordinance No 99-221, smd city limit hne being 1000 00 feet parallel of and perpendicular to the existing north right of way line of smd Crawford Road for a distance of 5,230 71 feet to the west line of the smd E Plzano Survey, Abstract Number 994 and the east line of the M Scurlock Survey, Abstract Number 1141, and being the present Denton city limits as established by Ordinance No 99-220 and also being in a west property hne of smd Petms, Tract I tract of land, THENCE North 00 degrees 04 m~nutes 29 seconds West along the west line of the said E Plzano Survey, Abstract Number 994 and the east line of the M Scurlock Survey, Abstract Number 1141, and being the present Denton city limits as established by Ordinance No 99-220 and also being a west property line of said Petms, Tract I tract of land for a distance of 2,319 92 feet to an angle point, THENCE North 00 degrees 04 mmutes 29 seconds East continuing along the west line of the smd E P~zano Survey, Abstract Number 994 and the east line of the M Scurlock Survey, Abstract Number 1141, and being the present Denton c~ty limits as established by Ordinance No 99-220 and a west property hne of smd Petms, Tract I tract of land for a distance of 3,074 86 feet to an angle point in the north hne of the smd M Scurlock Survey, Abstract Number 1141 and the most southerly south line of the G Pettlngale Survey, Abstract Number 1041, THENCE North 89 degrees 35 mlnntes 40 seconds West continuing along the present Denton city hmlts as established by Ordinance No 99-220 and the property line of smd Petrus, Tract I tract of land, and also being the north line of the said M Scurlock Survey, Abstract Number 1141 and the most southerly south hne of the G Pettlngale Survey, Abstract Number 1041 for a distance of 1,215 55 feet to an angle point m the west line of the smd G Pett~ngale Survey, Abstract Number 1041 and the east line of the J H Prone Survey, Abstract Number 1617, THENCE North 00 degrees 40 mmutes 51 seconds East contlnmng along the present Denton city limits as established by Ordinance No 99-220 and a west property line of said Petms, Tract I tract of land, and also being the west hne of the G Pettlngale Survey, Abstract Number 1041, Page 4 of 10 and the east hne of the J H Prone Survey, Abstract Number 1041 for a distance of 3,802 57 feet to the most southerly north property line of said Petms, Tract I, tract of land, THENCE South 89 degrees 39 m~nutes 42 seconds East along the most southerly north property hne of stud Petrus, Tract I tract of land for a distance of 5,806 06 feet to an angle pmnt, THENCE North 01 degrees 51 minutes 13 seconds East cont~nmng along the most southerly north property hne of stud Petms, Tract I tract of land for a d~stance of 92 21 feet to an angle point, THENCE South 89 degrees 56 mtnutes 51 seconds East cont~nmng along the most southerly north property hne of smd Petrus, Tract I tract of land for a d~stance of 5,438 70 feet to a point ~n the ex~st~ng eastern right of way hne of John Prone Road, a pubhc road, THENCE North 00 degrees 24 minutes 24 seconds East along the ex~stlng eastern right of way hne of stud John Prone Road for a distance of 6,152 13 feet to a pmnt ~n the most easterly west property hne of smd Petms, Tract I tract of land, THENCE North 44 degrees 41 minutes 34 seconds East along the most easterly west property hne of smd Petms, Tract I tract of land for a d~stance of 185 77 feet to a point ~n the north property hne of smd Petms, Tract I tract of land and the ex~st~ng southern right of way hne of F M 2449, THENCE North 89 degrees 53 m~nutes 51 seconds East crossing the ex~stmg right of way hne of F M 2449 for a d~stance of 245 46 feet to a point ~n the ex~stlng northern right of way hne of F M 2449 and being the southwest property comer smd Petms, Tract III tract of land, THENCE North 00 degrees 17 m~nutes 18 seconds East along the most westerly west property hne of smd Petms, Tract III tract of land for a d~stance of 75 50 feet to a lying m the existing southern right of way hne of Underwood Road, a pubhc road, THENCE South 89 degrees 42 m~nutes 00 seconds East along the existing southern right of way hne of stud Underwood Road for a d~stance of 1,017 67 feet to a pmnt ~n the ex~st~ng eastern right of way hne of smd Underwood Road, THENCE North 01 degrees 46 minutes 48 seconds East along the ex~st~ng eastern right of way hne of smd Underwood Road for a d~stanee of 1,130 10 feet to a pmnt ~n the most northerly north property hne of stud Petrus, Tract III tract of land and the southern property hne of a tract of land conveyed to Wdham Chnton Lynch and w~fe, Claudia P Lynch by deed as recorded ~n Volume 2981, Page 776, Real Property Records, Denton County, Texas, THENCE South 89 degrees 15 minutes 34 seconds East along the most northerly north property line of stud Petrus, Tract III and the southern property hne of smd Lynch tract of land for a d~stance of 1,817 29 feet to the northeast comer of stud Petms, Tract III tract of land and the southeast comer of stud Lynch tract of land, stud point being ~n the west hne of the smd S Pntchett Survey, Abstract Number 1004, Page 5 of 10 THENCE South 00 degrees 08 minutes 38 seconds West along the most easterly east property line of sa~d Petms, Tract III tract of land, also being the west hne of the S Pntchett Survey, Abstract Number 1004 for a d~stance of 427 73 feet to an angle pmnt lying ~n the meanderings of Hickory Creek, THENCE ,South 38 degrees 01 m~nutas 02 seconds East continuing along the most easterly east property line of smd Petrus, Tract III tract of land and the meandenngs of smd H~ckory Creek for a d~stance of 256 75 feet to an angle point, THENCE~South 43 degrees 16 m~nutes 26 seconds East cont~nmng along the most easterly east property line of smd Petrus, Tract III tract of land and the meandenngs of Hmkory Creek for a d~stance of 563 31 feet to an angle point, THENCE South 05 degrees 47 mmutes 51 seconds West leawng the meanderings of H~ckory Creek and contmmng along the most easterly east property hne of smd Petrus, Tract III tract of land for a d~stance of 256 79 feet to a point m the present Denton c~ty hm~ts as established by Ordinance No 69-40, Tract II, smd point being parallel and 500 feet perpendicular to the centerhnelof Interstate 35-W, THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton c~ty hm~ts as estabhshed by Ordinance No 69-40, Tract and being parallel and 500 feet perpendmular to the centerhne of Interstate 35-W for a d~stance of 81 09 feet to a point ~n the present Denton c~ty hm~ts as estabhshed by Ordinance No 91-033, Tract IV, same point being m the most northerly south property hne of smd Petms, Tract II tract of land, THENCEINorth 89 degrees 53 minutes 41 seconds West along the present Denton c~ty hm~ts as estabhshed by Ordinance No 91-033, Tract IV and the most northerly south property line of smd Petms, Tract III tract of land for a d~stance of 1,245 11 feet to a point in the most westerly east property hne of smd Petrus, Tract III tract of land, THENCE South 00 degrees 04 minutes 56 seconds West cont~nmng along the present Denton mty llmtts as estabhshed by Ordinance No 91-033, Tract IV and the most westerly east property line of smd Petrus, Tract III tract of land for a d~stance of 997 02 feet to the POiNT OF BEGINNING and contmmng an area of 2,194 acres of land Page 6 of 10 EXHIBIT "B" CITY OF DENTON DRAFT SERVICE PLAN FOR A01-0005 (Hunter Ranch) L AREA ANNEXED The annexation area ~s located m the southwestern port~on of Denton's Extratemtorml Jurisdiction and contmns apprommately 2,194 acres generally located west of Interstate 35, south of FM 2449 and north of Robson Ranch Road and partially east of Robson Ranch Development and John Prone Road II INTRODUCTION Th~s servme plan has been prepared ~n accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Man~clpal fac~ht~es and services to the annexed area described above w~ll be provided or made avadable on behalf of the City m accordance w~th the following plan The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure mmntenance that are comparable to the levels of servme, infrastructure, and infrastructure mmntenance available ~n other parts of the c~ty w~th s~mflar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Pohee Protection, Code Enforcement, and Animal Control Pohce servme, including patrolling, response to calls, code enforcement and other routine funetmns, will be prowded to the property upon the effective date of the annexation using ex~stmg personnel and eqmpment The City shall prowde a level of services, infrastructure and infrastructure maintenance that ~s comparable to the level of servmes, ~nfrastrnemre and lnfrastrncture maintenance avmlable m other pans of the clty With topography, land use and populatmn density slmdar to those reasonably contemplated or projected In the area B F~re Protectmn and Fire Prevention Fire protection and prevention services w~ll be provided on the effective date of the annexation using emsting Denton F~re Department personnel, eqmpment, and mutual md agreements w~th Argyle Volunteer Fire Department and Ponder Volunteer F~re Department The City shall provide a level of servmes, infrastructure and infrastructure maintenance that ~s comparable to the level of servmes, mfrastrncture and ~nfrastmcture mmntenance avmlable in other parts of the city w~th topography, land use and population density s~mflar to those reasonably contemplated or projected m the area F~re station #7, located at FM 2449 and 1-35 West ~s approved m the 2003 Capital Improvement Program The C~ty of Denton wall provtde emergency medmal serwces ("EMS") Page 7 of 10 C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be malntmned by the City of Denton on the effective date of the annexation Installation and mmntenance of street signs, street lighting and traffic control devices will be mmntmned by the City of Denton on the effective date of the annexation D Parks and Recreation Facihtles Parks and recreational facdltles in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park faclhtles are located within 4 33 miles of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs E L~brary Services Library services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar library facilities are mmntatned throughout the city F Budding Inspections and Consumer Health Services Building inspections and consumer health services will be made avmlable on the effective date of the annexation on the same basis and at the same level as s~mllar facilities are malntmned throughout the C~ty Both serwces are provided on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete construction must obtmn bmldlng permits from the Building Inspections Department of the City of Denton G Planning and Development Services Planning and development Services will be made available on the effective date of the annexation The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contmn Neighborhood Centers, Employment Centers, Community Mixed Use Centers and 100 year Floodplain/ Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with avmlable infrastructure, and by preserving floodplmns as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the propemes are annexed Page 8 of 10 IV. UTILITY (RATEPAYER) SERVICES A Sohd Waste Collection The City of Denton ts the exclustve residenttal and commarctal solid waste service provider in filg City The Department is an entirely fee based operation and received no resources from taxes Sohd waste collection service wdl be provided to the property upon the effective date of the annexation using extstlng personnel and equipment Residents have the optmn to choose between a private company or service with the C~ty of Denton The City of Denton Solid Waste Department will honor existing contracts w~fil private solid waste servme provtdars after the effective date of fil~s annexation ~n accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive sohd waste collectton serwce, thc customer must contact the C~ty of Denton Customer Serwce Office and submit a request/applicatton for service Currently thc s~t¢ contains no restdences or businesses B. Water/Wastewater Facfi~ties The C~ty of Denton has no ¢mstmg utihty lines located w~thm the proposed annexatton area Thc C~ty shall prowde a level of services, mfrastructurc and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance avmlable ~n other parts of the ctty with topography, land use and population density similar to those reasonably contemplated or projected ~n the area The destred water and wastewater service options and thc phasing of the improvements will be determined as a part of the land development and platting process The financial respons~btht~cs for funding water and wastewater system improvements to serve the development will be negottated Wlfil the developer and approved by thc Dcntnn Public Utiht~es Board, Planning and Zomng Commission and City Councd C Drainage Services Drainage mmntenancc w~ll be promded to the property upon thc effective date of the annexatton The Ctty shall provide a level of drmnage services, infrastructure, and ~nfrastructure mmntenance that ~s comparable to the level of services, infrastructure, and infrastructure mmntenance available m other parts of the city with topography, land use, and population density s~mdar to those reasonably contemplated or projected In the area D Electrical Services Denton Mumcipal Elcctrm is certified by thc State and is obhgated to provide electric utthty service to the annexation area should a request be made by a property owner Electric utility service wtll be made avmlable on thc effective date of file annexation on the same basts and at the same level as similar facthties are maintained throughout the c~ty Denton Municipal Electric is an electric service provtder in this area except for thc area singly certffied with CoSERV, which ts located at thc northwest corner of the property Page 9 of 10 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 infrastructure maintenance that is comparable to the level of services, mfrastmcture, and infrastructure maintenance avmlable in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected m the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density VII 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 promdlng 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 AMI~NDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this servme 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) Page 10 of 10