1999-089 ORDINANCE NO 0q - 0_~.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ^N EXING ^ T CT
COMPRISING 114 76 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY CREEK
ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL, PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-78)
WHEREAS, the City of Denton washes to extend its City limits line to include the 114 76
acre tract as described m Exhth~t A, and
WHEREAS, pubhc heanngs were held in the Council Chambers on January 5, 1999, and
January 19, 1999, to allow all interested persons to state their views and present ewdence beanng
upon this annexation, and
WHEREAS, annexation proceedings were instituted for the property described hereto by
the introduction of thts ordinance at a meeting of the City Council on February 9, 1999, and
WHEREAS, this ordinance has been pubhshed in full one time 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 reqmred by City Charter, and
WHEREAS, after a pubhc heanng the City of Denton Plannmg and Zoning Commission
reeommonded the annexation, and
WHEREAS, the C~ty Council finds that the annexatmn wall be in comphance with the
1999 Growth Management Strategies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land described an Exhibit A, attached hereto and
incorporated by reference, ~s annexed to the City of Denton, Texas
SECTION II That the service plan attached as Exhibit B, and incorporated by reference,
which provides for the extension of mume~pal services to the annexed property, is approved as
part of this ordinance
SECTION III Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remmmng port,on of this ordinance and the City Council hereby
declares it to be ~ts 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 ~s already included w~thm the c~ty
hm~ts of the C~ty of Denton or within the hm~ts of any other c~ty, town or wllage, or ~s not withm
the Cay of Denton's jurisdiction to annex, the same is hereby excluded from the temtory
annexed as fully as ffthe excluded area were not expressly described in this ordinance
St3CTION IV That this ordinance shall become effective thirty (30) days from the date
of its final passage and pubhcat~on, and the City Secretary is hereby directed to cause the entire
ordinance to be published once and the descriptive caption to be pubhshed twine ~n the Denton
Record-Chromcle, the official newspaper of the City of Denton, Texas, w~th~n ten (10) days of
the date 0f~ts passage
PASSED AND APPROVED this the_~, sSt~day of .7v~./1~/.~2] ,1999
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A ~
114.760 Acres
FIELD NOTES to all certain tract of land situated in the N. Britton Survey
Abstract Nu6nber S1, City of Denton, Denton County, Texas end being all of the
called 116.7 acrs tract described in the deed from Charles N. Ryan et ux
recorded in Volume 1659, Page 39 of the Reel Property Records of Denton County,
Texas, the subject trsct being more particularly described as follows:
BEGINNING for the Southwest co~ner of the tract being described herein, at mn
iron rod found et the Southeast oo~ner of the called S acre tract described in
the deed from E. D. Calvert et ux to w. Thomas Calvert et ux recorded in Volume
609, Page 661 of the Deed Records of Denton County, Texas in Hickory Creek Road
on the South line of said survey/
THENCE North 00 Degrees 06 M~nutes 68 Seconds East generally alon~ · wire
fence with the West l~ne of ~e 116.7 sara tract · distance of 2583.68 feet to
a 1/3 inch rod set et & fence co=nar post at the Northeast oo~ner of Calvert
trsct~
THENCE South 66 Degrees 68 M~nutes 20 Seconds West along a fence a
distance of 48.63 feet to a 1-1/2 inch iron pipe found at the most Southerly
Southeast co=nor of a celled 66.504 Acre Tract One described in the deed from
Shelton R~en end Phoebe Higge~botham to Wayne S. Ryen recorded in voluns 2522,
Page 868 of the said Real Property, Reoords~
TEENCB North 00 De~eee 35 Minutes SO Seconds West along · £anco with the
East line of the said 6S.504 Acre Tract One and with the West line of the
116 7 acre tract a distamoe of 666 43 feet to · 1/2 i~oh iron rod found near a
fence comer post;
TEENCR North 88 Degrees 6S ,Unutan 22 Seconds Rest along · fence wi=h a South
line o~ the 66.S04 Acre T~act One a distance of 1336 64 feet to · 1/2 Lnch iron
rod found near a fence corner on the Northeast bank of a branch st the
Southerly Southeast corner thereof en the West line of Lake Forest ~ood
Samaritan Village ne shown b d, the Plat thereof recorded in Cabinet F. Page 36
of the Pla~ Records of Dent~ CountT', Texae~
THENCE South 01 De~-eee 46 Minutes 37 Seconds East with the ERSt line of the
116.7 acre ~act end with the West line of Lake Forest ~ood Samaritan Village a
distance of 642.68 feet to a 1/2 inch i:on rod found at the Sou'~xwest corner
thereof;
THENCE North 68 De~eee 32 Hinutsl 13 Seconds East with the South line the
Lake Forest ~od S--~iten Village a distance of 263.78 feet to · 1/2 inch iron
rod set for the Northweet coner of the celled 80 acre ~raot described in the
deed ~roz Jwtin Indust:lee, Inc. to Acme Brick Co. recorded in Volun., 3~27,
Page ~30 of the said Real Prc~er~, Records from wb/ch a 6 inch woo l fence
cocner poet bears North 03 Degrees 3l Minutes 57 Seoond~ West · distance of
10 9 £eet and a 4 inch steal post bears North 68 Degrees 4~ M~nutss 16 Seconds
East a distance Of 15.1 fecal
Page 2
114 760 Acrs
Britton Survey
THENCE South 00 Degrees 49 Minutes 12 Seconds East along a fence with the West
line of the 80 acrs tract a distance of 1273 07 feet to a 1/2 inch iron rod
found et the Southwest cozier thereo£ and the Northwest corner of the r~--inder
o£ the celled S0 acre tract described in the deed of trust fro~ Richard R
C~mpton et ux to B.B. BLY, Trustee recorded in Volume 2437, Page 01 of the said
Real Propsrty Rscorde~
T~ENCE South 00 Degrees S6 Minutes 39 Seconds East along e fence w~th the west
line of the said 80 acre ely tract passing at 6&1.SS feet the Northwest corner
o£ Oaks of Montecito ~hase ! as shown by the Plat thereof Kecorded in C~binet
N, Page $4 of the ~lat Reeorde of Denton Count%,, Texas and continuingw'lth the
West line thsreo£ pass~ng at 1290.87 feet ~uz iron rod found at the Southwest
corner of Block A in the dedAoated North right-of-way of Rickory Creek Road and
continuing, in &11, · total 4~stance of 13S0.87 feet to the Southwest corner of
the B~Y tract on the Sou~h l~ne of ~he Britton SlL%-vey~
TH~NCN South 89 Degrees 13 M~nutee 31 Seconds West w~th the South line of the
Britton Survey 4, Rickety Creek Road a distance of 1603.78 feet to the PLACE OF
BEGXNNING and enclosing 114.7S0 acres of land.
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EXHIBIT B '
ANNEXA t wtx CICE PLAN
CASE NUMBER A-78
AREA 114 76 acres
LOCATION On the north sade of Hickory Creek Road, northwest of McNa~r Elementary School m
Denton's exlratemtonaljunsdlctiun (ETh
Mumc~pal services to the s~te descnbed above shall be funushed by or on behalf of the Cfly of Denton, Texas, at the
following levels and un accordance vath the followung schedule
A Streets and Roads
Access ~s available from Hxckory Creek Rd and a planned collector s~'eet that joins w,th another planned
collector street, leading to Ryan Rd Abndge will be required over Fletcher Branch Creek at the expense of
the developer
B Water/Wnstewater Services
Water is currently available along the eastern boundary of the proposed development Wastewater service
Is currently available along the eastern boundary of the proposed development The extens,on of a 12"
water lune vail be required along Hickory Creek rd to support this development.
C. Electric Distribution
Electric service is currently available m this area
D. Solid Waste Collection and Disposal
The city can serve this property Serwce may require addttionnt equipment, personnel and operating
resources One rear loader, a t~e person crew, and an addltionnl residential route Is needed to serve each
adchttonnl 1,300 households m the city
E Police Services
The deparUnent estimates that service can be provided within average response tunes for the city as a
whole The clty*s priority response tune is 8 06 nunutes, while Its average response tune Is 11 minutes
Three addltinnal personnel and addmonnl vehicles vail be required to serve flus area
F Fire Protection and Emergency Medical Services (EMS)
The city cunmafly serves adjacent property Fire Station #6 xs appmxtmately 2 males from the subject
property
G Parks and Recreation S~rvJees
No parks or facthues currently serve tins area A 25 acre park is pending un the River Oaks Subdlwsunn,
hal~ a mile south of tins of tho subject property All acreage and facflaty reqmraments are based on ultunate
bufldmut Cost of nnprovements and mauntenance will be phased m, as population uncreases
H Llbrar~ Services
The Lxbrary anticipates that mc~esed demand resulting f~om development m the ctty can not be met using
exismig materials, facthties and personnel Future needs of*aze library ax~ to be determined with the a~ter
January 20, 1999, the anticipated date of the hbma'y master plan study
L Code Enforcement, Building Inspections and Consumer Health Services
The ctty CuiTantly serves adjacent property
79.
~lanning and Development Services
Thn city ¢~'rently serves tlus property
K. Capital Improvements Program (CIP)
The CH* of the ctty ts prioritized according to the following/uidclmes
(1) Provision of Capital Improvements as compared to other areas will be based on charactertsitcs of
topoEraphy, land uti1Lzatxon, populatton denstty, maimmde of problems as related to comparable areas,
established technical standards and professional studies
(2) The overall cost effectiveness of providing a specific facility or tmprovement
The annexed area will be considered for public improvements m the upcommt CI~ This property wtll be
considered according to the established ~uldelmes
80.