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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. kdm ]d~2-b/SSll7 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.