2000-018 ORDrNANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS
COMPRISING 17 172 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE
OAKMONT IV SUBDIVISION, ESTABLISHING PLANNED DEVELOPMENT (PD-111)
ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION BY
APPROVING A CONCEPT PLAN, PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000 FOR VIOLATIONS, AND DECLARING AN EFFECTIVE DATE (A-95)
WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home rule
cities are authorized to fix their boundaries and exchange areas with other mtunclpahtles, and
WHEREAS, the City of Denton and the City of Connth entered into a Memorandum of
Agreement (MOA), attached as Exhthlt A, with regard to the adjustment of city boundaries
between the two cities on May 6, 1999, and
WHEREAS, the subject property is w~thm the effective utility and service delivery area
for C~ty of Denton mumclpal services, and
WHEREAS, pursuant to smd MOA, the City of Denton wishes to extend its C~ty limits
line to include the 17 172 acres as described in Exhibit A of the MOA, and
WHEREAS, public heanngs were held ~n the Council Chambers on September 7, 1999,
and September 21, 1999, to allow all interested persons to state their v~ews and present ewdence
beanng upon this annexation, and
WHEREAS, annexation proceedings were ~nst~tuted for the property described hereto by
the introduction of this ordinance at a meeting of the City Councd on October 12, 1999, and
WHEREAS, this ordinance has been published ~n full one t~me in the official newspaper
of the C~ty of Denton after annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS
SECTION 1 That the tracts of land described ~n Exhibit A of the MOA, attached hereto
and incorporated by reference, are annexed to the C~ty of Denton, Texas
SECTION 2 That the servme 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
SECTION 3 That the annexed property is classffied as Planned Development (PD-111)
with approval of the Concept Plan Development Standards described ~n Exhibit C, attached
hereto and incorporated by reference
SECTION 4 That the C~ty's official zomng map ~s amended to reflect thas annexation
and show the Planned Development (PD-111) zomng d~stnct classfficataon and land use
desagnat~on
SECTION 5 Should any part ofthas ordinance be held dlegal for any reason, the holding
shall not affect the remmmng portion of this ordinance and the C~ty Counml hereby declares ~t to
be ~ts purpose to annex to the C~ty of Denton all the real property described ~n Exhibit A of the
MOA regardless of whether any other part of the described property ~s hereby effectively
annexed to the City If any part of the mai property annexed is already ~ncluded w~than the caty
hmlts of the Caty of Denton or within the limits of any other city, town or wllage, or is not within
the City of Denton's junsdmt~on to annex, the same ~s hereby excluded from the temtory
annexed as fully as ff the excluded area were not expressly described ~n th~s ordinance
SECTION 6 That any person vaolat~ng any prows~on of this ordinance relating to the
Planned Development (PD-111) zoning d~stnct classfficahon and use designation shall, upon
conwctlon, be fined a sum not exceeding $2,000 00 Each day that a proms~on of this ordinance
~s wolated shall constitute a separate and d~stmct offense
SECTION 7 That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be
published twine an the Denton Record-Chronicle, the official newspaper of the C~ty of Denton,
Texas, within ten (10) days of the date of~ts passag~
PA~SSED AND APPROVED th~s the /~)--~ day of ~ ,2000
JA~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
'I
APPR~6VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
E~HIBIT A
STATE OF TEXAS §
COUNTY OF DENTON §
MEMORANDUM OF AGREEMENT
Tins Memorandum of Agreement ("Agreement") is entered Into as of the 6thday
of May , 1999, between the City of Denton, Texas ("Denton"), a Texas home rule
mumcipahty and the City of Connth, Texas ("Connth"), a c,ty organized under the
general laws of the State of Texas, and ~s to vatness the following
WHEREAS, Denton and Connth are adjacent mumc~paht,es which desire to make
mutually agreeable changes ~n their boundaries of areas that are less than 1,000 feet in
vadth, and
WHEREAS, ,t appears that the existing ctty hmlts lines between Denton and
Connth spl,t a subd~wslon of Denton County known as Oakmont IV, and
WHEREAS, a is the desire of Denton and Connth to d~sannex and annex the
tracts described herein to establish a joint city hm~ts hne between the two clues that vall
enhance the development of Oakmont IV subdlws~on ~n each city and be as shown by the
maps attached hereto as exh,blts, and
WHEREAS, the owner of Oakmont IV has expressed its intent to the govermng
bodies of both cities that such needed adjustment would be beneficml to the development
of the subdivision and generally to the economic wall-being of both ctt~es, and
WHEREAS, both Denton and Connth deem such agreement to be beneficml to
the public ~nterest and to enhance the future growth and development of both c,ties, Now,
Therefore,
In consideration of the premises and of the agreements contained here~n, Denton
and Corinth agree as follows
I
DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION
1 01 Connth agrees that it w~ll dlsannex and wmve extraterntonal junsd, ctton over the
17 172 acre tract of land described in Exhtb~t "A", attached he, reto and made part hereof
for all purposes, m the manner prov, ded by Chapter 43 of the Texas Local Government
Code
1 02 Denton agrees that it vail dlsannex and wmve extratemtonal junsd~cUon over tracts
of 10 603 acres and 5 709 acres respecuvoly, described in Exlublts "B" and "C", attached
19355
hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the
Texas Local Government Code
1 03 Upon the dlsannexat~on and wmver of extraterritorial jurisdiction by the c~t~as as
prowded in Sections 1 01 and 1 02 above, the boundaries of Denton and Connth shall be
adjusted accordingly, subject to the annexation actions by each contemplated m Section
II
II
ANNEXATIONS
Denton agrees that ~t will proceed m the manner authorized by law to annex the
property descrthed m Exhtb~t "A" Connth agrees that it will proceed m the manner
prowded by law to annex the property described m Extnb~ts "B" and "C" attached hereto
III
ZONING AND PLATS
Both c~tles recogmze that all property that ~s subject to this Agreement may can'y
temporary zomng classifications under the applicable ordinance and be subject to the
platting reqmrements of the c~ty which will annex such property The part,es understand
that the Oakmont subd~wslon xs basically the same m both c~t~es and the appropriate
zoning and platting requirements should not change the current status of the development
IV
CHARACTEK OF AGREEMENT, BREACH
The part,es agree that this Agreement is entered ~nto only for the d~sannexatxon
and annexation of the tracts described hereto and ~s not an ~nterlocal cooperation
agreement for the joint performance of any services by the part,es Failure of e~ther C~ty
to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved
C~ty may file stat m a court of competent of jurisdiction to enforce the prowslons of tlus
Agreement, including recovery of coua costs and attorney's fees
Page2
19355
V
The part~es agree that the leg~slatave acts to be performed hereunder will be
coor&nated between them so as to be performed samultaneously or as close thereto as
possible, consastent v~th apphcable law
VI
SEVERABILITY
If any provmon of flus Agreement is held to be illegal, mvahd or unenforceable,
the legahty, vah&ty or enforeeabflaty of the remaamng provas~ons of thas Agreement shall
not be affected and shall remain m full force and effect
In w~tness whereof, Denton and Connth, acting under the authority of thear
respeetave govermng bodies, have caused thas Agreement to be executed an dupheate
originals as of the date first written above
CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS
ST , ] ATTEST
~/ITY' ~I~ETARY ' CITY SECRETARY
(rid/4-23-99)
Pag~ 3
1935~
EXHIBIT A -
LEGAL DESCRIPTION
TRACT 1 17 IIOACRES
BEING a tract of land situated in the Berry Merchant Survey, Abstract Number 800, Dentou
County, Texas and being u porlmn o f that tract of land fomlerly described by deed to Tmlbcr81en
as recorded in County Clerks Fdmg Number 95-R0079950 and bing more parbcularly described
by metes and bounds as follows
COMMENCING at the most northerly northwast comer of said Timberglan Company tract said
point being in the soutb right-of-way line of Robinson Road ( an 80' Ri§hi-of-way),
THENCE S 03'35'36"W, 1451 81 feet to the POINT OF BEGINNING
THENCE S 86'$$'29"E, 155 87 feet,
THENCE N 59'31'5 I"E, 79 49 feet to the besmnmg of a carve to the right,
THENCE with said curve to the right, throu§h a central angle of 08'48'4Y', having a radms of
270 00 feet, tile long chord ofwhmh bears S 18°04'26"E, 41 48 feet, an arc distance of 41 53
~cet,
THENCE N 83'23'28"E, 183 73 feet,
THENCE S 07°58'3 I"W, 46 39 feet,
THENCE S 06°36'32"E, 735 13 feet,
THENCE S 52°SY03"W, 280 98 feet,
THENCE S 07° 14'55"W, 394 58 feet,
THENCE S 03°49'09"E, 585 42 feet to a point in the City Lmut bne between tile City of Denton
and the City of Connth,
THENCE N 85°44'40"W, 365 72 feet along said City Limit line,
THENCE N 03°06'13"E, 1883 13 feet along sa~d City Limit line to the POINT OF BEGINNING
and containing 745,290 square feet or 17 110 acres of land more or less
C&B Job No 981727'014
S#XXX February 18, 1999
J klOB\98172714~SUR\WP~LEG\G001 OUT ~-~'" Page Iofl
EXHIBIT A ~
LEGAL DI~qCRIPTION
TRACT2 0 062 ACRES
BEING a Iract of land situated in the A H Sermn Survey. Abstract Number 1198. Denton
County. Texas and bemg n portmn o f that tract of land formerly described by deed Io T~mberglen
aa recorded In Cout~ty Clerks F, lmg Number 95-R0079950 and b~ng more particularly deecnbed
by metes nnd bounds as follows
COMMENCING nt tile most northerly northwest comer of said TImberglen Company tract sa~d
point being m Ibc south right-of-way hne of Robmson Road (nn 80' Right-of-Way).
THENCE .q 03°35'36"W. 1451 81 feet.
THENCE $ 03°06'13"W. 1883 13 feet.
THENCE S 85°44'40"E. 365 72 feet.
THENCE S 03°49'04"E. 3 56 feet to the POINT OF BEGINNING sa~d point bemg on tile C~ty
Lrmit line between thc City of Denton and tile City of Cormtb.
THENCE S 02°41'50"W. 380 23 feet departmg said City Lln,t hne.
THENCE S 82° 17'59"W. 14 37 feet retummg to said City L~mlt linc.
' -- THENCE N 04°48'42"E. 383 08 feet along said d C~ty L~m~t hne to the POINT OF
BEGINNING and contammg 2.687 square feet or 0 062 acres of lnnd mora or less
C&B Job No 981727014
$#XXX February 18, 1999
J ~JOB~98172714~UR.\WP\LEG\G004 OUT Page 1 of I
$86°55 29 E N63'~23 28 E
i55 87 183 7Y
S07°58 31 W
46 39
'"=08° 48' 43
R=270 O0
L=4t 53
T=20 80
L C =SI8°04 26 E
41 48
TR,dCT 1
17110 ACRE8
·04E
0 062 ~1
~82° I 7 59 W
~4 ~' EXHIBIT
A
0 300 600 900 ~. =x.~a.~ o. ~o ~.~c~s o~ ~.o
~~ ]?~0 & OOd2 ~C~$
GRAPHI~ SCALE JN FEE[. s,~u~o ,.
~~ D~ TM
JOB NO ~8~7270N ~ECKE~
EXHIBIT B
LEGAL DF-~CRIPTION
10 603 ACRES
BEING a tract of land situated tn rhea H Scrren Survey, Abstract Number 1198, Denton
County, Texas and being a portion of that tract of land formerly described by deed to Timberglen
as recorded in County Clerks Filing Number 95-R0079950 and blng more particularly described
by metes and bounds as follows
COMMENCING at the most soutberly soutbeast comer of said Ttmberglen Company tract,
THENCE N 86a28'58"W, 1799 70 feet,
THENCE N 01°30'20"W, 171 24 feet
THENCE N 03°35'38"E, 643 98 feet to the POINT OF BEGINNING said pmnt being on the
City Limit line between thc City of Denton arid tile City of Corinth,
THENCE N 80°15'38"W, 342 08 feet departing said City Llu'ilt hne,
THENCE N 81 °06'46"W, 301 82 feet,
THENCE N 09058'23"W, 109 67 feet,
THENCE N I 1 °04'33"E, 95 57 feet,
THENCE N 46°32'45"E, 102:34 feet,
THENCE N 14° 16'30"E, 214 60 feet,
THENCE N 18°50'30"E, 286 00 feet,
THENCE S 84°54'08"E, 487 65 feet returning to said City Lmm hne,
THENCE S 04°$2'43"W, 814 96 feet along said City LIm*t linc to thc POINT OF BEGINNING
and containing 461,887 square feet or 10 603 acres of land more or less
C&B JobNo 981727014
$#XXX February 18, 1999
J '~IOBLOaI72714~SUR\WP\LEG\G002 OUT Page I of I
-- NOt° 30' 20"W N03°35' 3.,,-- 'o m
24' 643 98¥ c
814 96'
o
EXHIBI'~B
AN EXHIBIT OF
]0 dOS
OF LAND 51TUATEO IN THE BERRY MERCHANT SURVEY,
~BSTR~CT .UU~ER SO0, O~.TO. COUNTY, ~EX~S
~n ~ ,u~oEss ~c
~ ~ ~ESI~NEO
JOB NO 9B1727014 ~HECKED JFK
EXHIBIT C
LEGAL DESCRIPTION
$ 709 ACRES
BEING a tract oflnnd situated tn the A H Serrcn Survey, Abstract Number I 198, Denton
County, Texas and being a portion of that tract of land fom~erly described by deed to T~mberglen
ss recorded in County Clerks Films Number 95-R0079950 and blng more particularly described
by metes nnd bounds ns follows
COMMENCINO st the most southerly southeast comer of sn~d T~mberglen Compnny tract,
THENCE N 86"28'58"W, 1799 70 feet,
THENCE N 01 "'~0'20"W, 171 24 feet to the POINT OF BEGINNING said point being on the
City Limit line between the Csty of Denton nnd the City of'Corinth,
THENCE N 85°42'20"W, 724 62 feet along said City Lm~lt line,
THENCE N 04° 17'40"E, 226 51 feet departing said City Limit line,
THENCE N 77°49'41"E, 78 01 feet,
THENCE N 65°46'03"E, 293 39 feet,
THENCE $ 83'34'04"E, 388 31 feet returning to sa~d City Limit bne,
THENCE S 03°40'$5"W, 374 27 feet along ss~d City hm~t hue to tile POINT OF BEGINNING
and contamm8 248,698 square feet or 5 709 acres of land more or less
C&B JobNo 981727014
S#XXX March 10, 1999
J klOB~98172714~UR\WP~LEG\G003 OUT Page 1 of I
COR{N 'IrS
NOt° 30' 20"~
71 2Zl' DENTON CIty LktIrs
D~ TM
DESIGNED
JOB NO 981727014 O~ECKED JFK
EXHIBIT B
ANNEXATION SERVICE PLAN
(A-95)
A Part of the Denton - Corinth Boundary AdJustment
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER A-95 (Oakmont IV)
AREA 17 16 acres
LOCATION South of Robinson Road m the Oakmont Country Club area
Municipal services to the site described above shall be furmshed by or on behalf of the
City of Denton, Texas, at the following levels and m accordance uath thc following
schedule'
A. PoUce Protection
1 Pohce sennce, including patrolling, response to calls, and other rouanc
functmns, will be prowdad to the property within sixty (60) days after the
effective date of the annexation using existing personnel and eqmpment
B. Fire Protection
1 Fire protection (within the limits of existing hydrants) and emergency medical
services will be prowded to the property within sixty (60) days after the effectwe
date of the annexation using eyastmg personnel and equipment
C. Solid Waste Collection
1 Sohd waste collection serwce will be prowded to the property within s~xty (60)
days after the effective date of the annexation using existing personnel and
eqmpment
D. Water/Wastewater Facilities
I Maintenance of water and wastewater facllmes m the area to be annexed that arc
not witlun the sennce area of another water or wastewater utility will be begin
within s~xty (60) days after the effective date of the annexation using existing
personnel and eqmpment
E. Roads and Streets
I Maintenance of roads and streets, ~nclud~ng road and street hght~ng, m the area
to be annexed will beg~n within sixty (60) days afteie the effective date of the
annexation using existing personnel and equipment
ANNEXATION SERVICE PLAN
(A-SS)
A Part of the Denton - Corinth Boundary Adjustment
F. Park~ and Recreation Facilities
I Maintenance of parks, playgrounds, swimmmg pools, and other recreational
faclhtles m the area to be annexed will begin within sixty (60) days after the
effective date of the annexation using existing personnel and equipment
However, there are no existing parks, playgrounds, swimming pools, and other
recreational facihtles in the area
G. Electric Facilities
1 Electric utility service will be provided witlun sixty (60) days after the effective
date of the annexation using existing personnel and equipment
H. Library Services
1 Library services will be provided within sixty (60) days after the effective date of
the annexation using eyastmg personnel and equipment
I. Code Enforcement, Building Inspections and Consumer Health Services
1 Code enforcement, bmldmg inspections and consumer health services will be
provided wlthm sixty (60) days after the effective date of the annexation using
existing personnel and equipment
J. Planning and Development Services
1 Planning and development services will be provided within sixty (60) days after
the effective date of the annexation using existing personnel and equipment The
Planning and Development Department currently provides services this property
by way of admlmstratlon of Chapter 34 of the Code of Ordinances, concerning
subdivision and land development regulations
K. Capital Improvements Program (CIP)
The CIP of the city Is prioritized accor/hng to the following guidelines
(1) Provision of Capital Improvements as compared to other areas w~ll be based
on characteristics of topography, land utlhzatlon, population density,
magnitude of problems as related to comparable areas, estabhshed technical
standards and professional studies
(2) The overall cost effectiveness of providing a specific fac~hty or nnprovement
The annexed area will be considered for CIP Improvements m the upcoming CIP
plan This property will be considered according to the established guldelmes
EXHIBIT C
CONCEPT PLAN
DEVELOPMENT STANDARDS
Land Uses S~ngle-Famlly Patio Homes
Accessory Uses
Maximum Bmldmg Height 2 stones
M~mmum Set Backs Front 20'
Side 5'
Side Corner 15'
Rear 10'
M~mmum Lot Dimensions Width 40'
Depth 90'
Area 3,600 square feet
M~mmum Dwelling Size 1,250 square feet
Maximum Lot Coverage 65%
Maximum Density 6 5 dwellmg units per acre
Minimum Parlong Required Two off-street spaces per dwelling umt
Single family homes shall be constructed of masonry, stucco, or of a glass bmldmg material of the
land usually used for outside wall construction, to the extent of a least seventy-five (75) percent of
the area of the outside walls