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1999-220 ORDINANCE NO q q"~ ~ ]~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 1,952 ACRES, LOCATED ON THE WEST SIDE OF 1-35W, NORTH OF CRAWFORD ROAD, AND EAST OF FLORENCE ROAD, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-80) WHEREAS, the City of Danton wishes to extend its City limits hne to include the 1,952 acre tract labeled "Tract #1", as described in Exhlbat A, and WHEREAS, pubhc hearings were held in the Council Chambers on March 29th, 1999, and March 30th, 1999, to allow all anterested persons to state their vaews and present evidence beanng upon thas annexataon, and WHEREAS, after a public heanng on April 14th, 1999, the Caty of Denton Planning and Zoning Commassaon recommended approval of the annexation by a vote of 4-2, and WHEREAS, annexataon proceedings were instituted for the property described herean by th the lntroductaon of this ordinance at a meeting of the City Council on April 20 , 1999, and WHEREAS, this ordanance has been published in full one tame an the official newspaper of the City of Denton after annexataon proceedmgs were instituted and 30 days prior to City Council taking final actaon, as required by Caty Charter, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategy, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S T_~Q_T!.Q_.~_! That the tract of land labeled "Tract #1", described in Exlubat A, attached hereto and mcorporated by reference, as annexed to the Caty of Denton, Texas ~ That the service plan attached as Exhibit B, and incorporated by reference, whmh provades for the extension of municipal services to the annexed property, is approved as part of flus ordinance ~ The annexed property as temporarily classified as Agricultural (A) zomng dastnct classfficataon and use deslgnataon ~ The City of Denton official zomng map as amended to show the Agricultural (A) zomng dismct and use classfficatlon of the property annexed SECTION V Should any part of this ordanance be held illegal for any reason, the holding shall not affect the remammg portaon of this ordinance and the Caty Council hereby declares it to be ats purpose to annex to the City of Denton all the real property described in Exhlbat A regardless of whether any other part of the described property is hereby effectively annexed to the C~ty If any part of the real property annexed ~s already ~ncluded w~th~n the ctty hm~ts of the C~ty of Denton or w~thm the lnmts of any other c~ty, town or wllage, or ~s not w~thm the C~ty of Denton's junsdmt~on to annex, the same ~s hereby excluded from the temtory annexed as fully as if the excluded area were not expressly described ,n th~s ordinance TI~F~C,!!.Q_N_V.! That this ordinance shall become effective fourteen (14) days from the date of~ts final passage, and the C~ty Secretary ~s hereby d~rected to cause the entire ordinance to be pubhshed once or the descriptive caption to be pubhshed twine ~n the Denton Record- Chromcle, the officml newspaper of the C~ty of Denton, Texas, w~thm ten (10) days of the date of its passage PASSED AND APPROVED tins the t~ day of ~ ,1999 JAC~M,~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 Exhibit A MAP OF ANNEXATION TRACTS Exhibit A TRACT #1 All that certain lot, tract or parcel of land lying and being s~tuated ~n the County of Denton, State of Texas, ~n the M Scurlock Survey, Abstract Number 1141, the F Garc~a Survey, Abstract Number 502, the B B B & C R R Survey, Abstract Number 197, the J McGowan Survey, Abstract Number 798, the F Ohver Survey, Abstract Number 989, the J H Paine Survey, Abstract Number 1617, and being more particularly described as follows Commencing from a point in Crawford Road, sa~d point also being the Southeast corner of said M Scurlock Survey and the southwest corner of the E P~zano Survey, Abstract Number 994, Denton County, Texas, Thence North 00 degrees 37 m~nutes 19 seconds East w~th the east hne of sa~d M Scurlock Survey, and the West line of said E P~zano Survey, a distance of 30 00 feet to the POINT OF BEGINNING of the here~n described tract, Thence North 89 degrees 51 m~nutes 20 seconds West along the North hne of Crawford Road and being 30 feet north of and parallel to the south I~ne of sa~d M Scurlock Survey, a d~stance of 3840 02 feet to a point at the beginning of a curve to the left, Thence with said curve to the left hawng a central angle of 89 degrees 29 m~nutes 36 seconds, a radius of 2640 00 feet, to a point, Thence West a d~stance of 1037 44 feet to a point for corner, Thence North 00 degrees 00 minutes 47 seconds East a d~stance of 1064 92 feet to a point for corner at the beginning of a curve to the left, Thence with said curve to the left hawng a central angle of 84 degrees 20 m~nutes 48 seconds, a radius of 2640 00 feet to a point for corner, Thence North a d~stance of 1141 19 feet to a point for corner at the beglnmng of a curve to the left, Thence with said curve to the left having a central angle of 02 degrees 10 minute 14 seconds, a radius of 2640 00 feet to a point for corner, Thence North 89 degrees 51 minutes 47 seconds East w~th a North I~ne of sa~d 2426 81 acre tract a distance of 3017 94 feet to a point for corner, Thence North 00 degrees 20 minutes 02 seconds West, a distance of 1708 41 feet to a point at the Southeast corner of East Ponder Estates, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 367, of the Plat Records of Denton County, Texas, Thence North 00 degrees 21 m~nutes 15 seconds West with the east hne of sa~d add~bon, a d~stance of 3404 29 feet to a point on the south line of H L~vely Road, Thence North 89 degrees 51 m~nutes 43 seconds East along the south hne of H L~vely Road and being 30 feet south of and parallel to the North line of sa~d J McGowan Survey, a d~stance of 5700 31 feet to a point for corner, Thence Southerly, a d~stance of 6824 00 feet to a point for corner at the Southwest corner of the G Petbngale Survey, Abstract Number 1041, and the Southeast corner of sa~d F Garc~a Survey, Thence Easterly a distance of 1221 00 feet to a point for corner on the South hne of sa~d G Petbngale Survey at the Northeast corner of sa~d M Scurlock Survey and the Northwest corner of sa~d E P[zano Survey, Thence South O0 degrees 29 minutes 08 seconds East w~th the East hne of sa~d M Scurlock Survey and the West line of said E Pizano Survey, a distance of 3074 89 feet to a point for corner, Thence South 00 degrees 37 m~nutes 19 seconds West w~th the East line of said M Scurlock Survey and the West line of said E Pizano Survey, a d~stance of 3315 00 feet to the POINT OF BEGINNING and conta~mng ~n all 1,952 acres of lend Exhibit B DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3 CASE NUMBER' A-80 AREA: 3,102 Acres LOCATION. In the far southeastern sectaon of the Caty of Denton ETJ, an the wcamty of Crawford Road, Interstate Haghway 1-35W, and U S 377 Mummpal sermces to the sate described above shall be fumashed by or on behalf of the Caty of Denton, Texas, at the following levels and m accordance wath the following schedule A Pohee Protection In the short term, the Pohce Department can provade serwce to Tracts #1, #2, and #3 usang exastmg resources, resulting m response t~mes consastent w~th other undeveloped perimeter areas of the c~ty In the longer term, the Pohce Department estamates that serrate can be prowded wathrn average response tames for the Caty as a whole, w~th the addat~on of 24 sworn and 8 non-sworn personnel, phased m proportaon to population growth w~than the annexed tracts B Fire Protection and Emergency Medical Servaces Fare servme wall be avmlable though exast~ng factht~es dunng the ~ntenm period when the annexatmn tracts remain for the most part undeveloped A new Fare Stataon #7 will be needod ~n the future to prowde service to the annexed tracts, to be located an the vammty of the 1-35W / F M 2449 antersect~on The Caty of Denton F~re Department Fave-Year Strategm Plan is scheduled to be presented to Caty Councal on March 30th, 1999 The plan will promde addatmnal detad regarrhng proposed fire and emergency service dehvery to all parts of the mty, mcluchng Tracts #1, #2, and #3 C. Water / Wastewater Services Current C~ty of Denton CIP funding ~s programmed for the constmctmn of a 20-tach water line extensmn that wall reach the Hills of Argyle subdawsmn on U S 377 The lane will be extended further south to Tract #3 m a subsequent phase Constmctmn of these amprnvements wall began w~thln 2 years and w~ll be completed wath~n 4¼ years Development w~thm Tract #3 as expected to mn the hne west to 1-35W The property owners of Tracts #1 and #2 wall be expected to extend water lines from 1-35W to dehver water for development Interim water servme options are avtulable Wastewater service wall be made available through either extensaons from the Hackory Creek anterceptor sewer system or through on-sate treatment plants that are owned, operated, and mamt~uned by the C~ty of Denton See Annexatmn Servtce Analyses for further detatl D. Stormwater Drainage Services Drainage ~mprovements will be made by property owners at the time of development Maintenance will be the responslbthty o£the City of Denton, supported as a function of water and wastewater fund transfers prod by rate payers E Sohd Waste Collection and Disposal Solid waste service are available to the annexed tracts Ex~stmg contracts between customers and private waste haulers will not be d~sturbed Eqmpment and personnel needed to serve new development will be added in proportion to growth in the customer base F. Electric Utilities Electric service will be made available upon request to all of the property w~th~n the areas being annexed G. Parks and Recreation Services Neighborhood parks will be prowded as residential growth occurs, as per the City of Denton Park Dedication Ordmanee One eommumty park will be needed in the longer term The commumty park and additional personnel will be funded as appropriate through city funds H Streets and Roads Crawford and Florence Roads, located on the perimeter of Tract #1, will not be annexed, and will remain the responsibility of Denton County 3ohnson, 3ohn Paine, and Allred Roads m Tract #3 will be upgraded by private development, and ultimately ma~ntmncd by the City of Denton F M 1830 (Country Club Road) ~s a state facthty and will be upgraded and maintained by the Texas Department of Transportation (TXDOT) I Building Inspections / Code Enforcement Services Services are available now for the areas to be annexed Addit~onal personnel will be dechcated to the areas to be annexed as dictated by growth J L~brary Servieas The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion The plan will be presented to Caty Council ~n late April 1999