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