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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