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17-97-Ordinance-Annexing property in the H Tierwester Survey-12/15/1997CON SECRETARY ORIGINAL COPY CITY OF SANGER, TEXAS ORDINANCE NO. 17-97 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and is contiguous to the City; WHEREAS, the City is currently providing both water and sewer services to said territory; WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit "A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law; and WHEREAS, after hearing arguments for and against the same the governing body has voted to annex said territory into the City under authority of Section 43.033 of the Local Government Code. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANGER, TEXAS: Section 1: That the territory hereinafter described is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the City limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the city and shall be bound by the acts and ordinances of said city. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS AND BEING A PART OF A CERTAIN CALLED 100.00 ACRES CONVEYED IN TWO TRACTS BY R.E. GENTLE TO BILLY E. GENTLE, ET UX, ON AUGUST 18, 1969, AS RECORDED IN VOLUME 590, PAGE 100, DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a fence corner in the South boundary line of said Tierwester Survey, same being the North boundary line of the G. Key Survey, Abstract 717, said being the Southeast corner of Tract Two described in the above mentioned deed, and said point also being South 88 degrees 14 minutes 09 seconds East, 1794.232 feet from the Southwest corner of said Tierwester Survey; CITY SECRETARY ORIGINAL, COPY ORD 17-97 PAGE 2 THENCE North 88 degrees 14 minutes 09 seconds West, with said Survey lines and along or near a fence 256.318 feet to an iron pin for a corner; THENCE North 1 degree 45 minutes 51 seconds East, parallel to the East line of the above mentioned Tract Two, 2163.2 feet to a point for a corner in the North line of said Tract Two in an East-West public road; THENCE South 88 degrees 14 minutes 09 seconds East, with the North line of Tract Two, and in said public road, 256.318 feet to a point for a corner; THENCE, South 1 degree 43 minutes 51 seconds West, parallel to the East line of said Tract Two, 2163.2 feet to the place of beginning and containing in all 12.7288 acres of land. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS; AND BEING PART OF A CERTAIN CALLED 100.00 ACRES CONVEYED IN TWO TRACTS BY R.E. GENTLE, TO BILLY E. GENTLE, ET UX, ON AUGUST 18,1979, AS RECORDED IN VOLUME 590, PAGE 100, DEED RECORDS OF SAID COUNTY; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a fence corner in the South Boundary line of said Tierwester Survey, same being the North Boundary line of the G. Key Survey, Abstract 717, said being the Southeast corner of the Tract Two described in the above mentioned Deed, and said point also being SOUTH 880 14' 09" East, 2050.55 feet for the Southwest corner of said Tierwester Survey; THENCE North 88' 14' 09" West, with said survey lines and along or near a fence 256.318 feet to an iron pin for a corner; THENCE North 10 43' 51" East, parallel to the East line of the above -mentioned Tract Two, 2163.2 feet to a point for a corner in the North line of said tract in an East-West Public Road; THENCE South 88' 14' 09" East, with the North line of tract two, and in said Public Road, 256.318 feet to a point for a corner; THENCE, South 1° 43' 51" West, with the East line of said Tract Two, along or near a fence, 2163.2 feet to the PLACE OF BEGINNING and CONTAINING in all, 12.7288 acres of land, more or less. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN DENTON COUNTY, TEXAS AND BEING 1.01 ACRES OF H. TIERWESTER SURVEY, ABSTRACT No. 1241, SITUATED IN DENTON COUNTY, TEXAS, AND BEING PART OF A CERTAIN 90 ACRE TRACT OF LAND OUT OF THE H. TIERWESTER SURVEY, ABSTRACT No. 1241, THE G. T. KEY SURVEY, ABSTRACT No. 717, AND THE W.P. JOHNSON SURVEY, ABSTRACT No. 682, DESCRIBED IN AND CONVEYED BY DEED FROM S. F. KEETON, A SINGLE MAN TO R. M. COLE AND WIFE, DATED AUGUST 11, 1955, RECORDED IN VOLUME 412, PAGE 567, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: C/ Q CC ORD.17-97 // 1 1?y SPY BEGINNING at a stake for corner at the northwest corner of said 90 acre tract of land conveyed by S. F. Keeton to R. M. Cole and wife, (being the second tract described in said deed); THENCE South with the West boundary line of said 90 acre tract, 220 feet South to a stake for corner in said line; THENCE East 200 feet, a stake for corner; THENCE North, parallel with the west line of said 90 acre tract, 220 feet, to a stake for corner in north line of said 90 acre tract; THENCE West with the north line of said 90 acre tract, and the south line of a County road, 200 feet to the place of beginning, the lot herein conveyed being 200 feet East and West by 220 feet North and South, and containing in all 1.01 acres of land, more or less. BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS BEING PART OF A CERTAIN (CALLED) 90 ACRE TRACT CONVEYED BY DEED FROM S. F. KEETON TO R. M. COLE AND WIFE, AFTINA FERRELL COLE, RECORDED IN VOLUME 412, PAGE 567, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL THAT CERTAIN TRACT I OF A CERTAIN PARCEL OF LAND DESCRIBED IN TWO TRACTS, AND CONVEYED BY DEED FROM JOHN MILTON FORREST III, AND WIFE, MARY L. FORREST, TO ROBERT B. TOMLINSON, AND WIFE, LORRAINE E. TOMLINSON, RECORDED IN VOLUME 906, PAGE 760, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod set for corner in the west line of said Cole tract, said point being South 220 feet of the Northwest corner of said Cole tract; THENCE East, 220.00 feet with a fence line to an iron rod found for corner; THENCE South,160.00 feet with a fence line to an iron rod found for corner; THENCE West, pass at 10.00 feet an iron rod, being the Northeast corner of Tract II of said Tomlinson parcel, a total distance of 220.00 feet to an iron rod set for corner in a fence line, being said West line of said Cole tract; THENCE North, 160.00 feet with said fence line to the PLACE OF BEGINNING, and CONTAINING 0.808 acres of land. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS BEING PART OF A CERTAIN (CALLED) 90 ACRE TRACT DESCRIBED IN A DEED FROM S. F. KEETON TO R. M. COLE, ET UX, ON AUGUST 11, 1955, RECORDED IN VOLUME 412, PAGE 567, DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a steel pin in a fence on West Boundary line of said 90.0 acre tract at a point South 380.0 feet from Northwest corner of said tract, same being Southwest corner of a certain 0.808 acre tract described in a Deed from R. M. Cole, et ux, to John M. Forrest, III, on July 2,1968, recorded in VOLUME 568, PAGE 524, Deed Records of said County; ORIGINAL Copy ORD 17-97 PAGE 4 THENCE East with South Boundary line of said Forrest Tract, 210.0 feet to a steel pin; THENCE South, 320.79 feet to a steel pin in a fence; THENCE North 89' 16' 19" West 210.02 feet to a fence corner on West Boundary line of said 90 acre tract; THENCE North with said fence and West Boundary line of said tract, 318.12 feet to the PLACE OF BEGINNING, CONTAINING in all 2.348 acres of land. BEING LOT 1 IN BLOCK 1 OF DOUBLE TWINS ADDITION, PHASE 2, AN ADDITION TO THE CITY OF SANGER, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 73 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE M. R. BURLESON SURVEY ABSTRACT NUMBER 71 AND THE MCKINNEY AND WILLIAMS SURVEY ABSTRACT NUMBER 940, DENTON COUNTY, TEXAS AND BEING A PART OF THE CALLED 11.78 ACRE TRACT DESCRIBED IN THE DEED FROM ALMA KATHLEEN BROOKS TO A. H. YEATTS ET.UX. RECORDED IN VOLUME 562 PAGE 106 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING for the Southwest Corner of the tract being described herein at the Southwest Corner of said Yeatts tract in the middle of Cowling Road, old Highway 77; THENCE North with the middle thereof and the West line of said Yeatts tract a distance of 281.14 feet to the Northwest Corner of the herein described tract; THENCE East at 30.83 feet passing a capped iron rod set for reference on the East side of said Road and continuing along said course, in all, a total distance of 608.67 feet to a capped iron rod set for the Northeast Corner of the herein described tract in the West line of a called 4.000 acre tract described in the deed to R. E. Cain et.ux, recorded in volume 916 Page 13 said Deed Records; Thence South 00 degrees 06 Minutes 25 Seconds East with the West line of said 4.000 acres a distance of 281.14 feet to a 1/2" iron rod found for the Southwest Corner of said 4.000 acres in the South line of said 11.78 acres; THENCE West with said South line along and near a fence at 575.73 feet passing a 1/2" iron rod found on the East side of said road and continuing along said course, in all, a total distance of 609.19 feet to the PLACE OF BEGINNING and enclosing 3.93 acres of land. Section 2: That the municipal service plan for the herein annexed territory provided for in Exhibit "A" attached hereto is hereby adopted. Section 3: That the city secretary is hereby directed to file with the county clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance. OR' IGINAL Cope Page 5 PASSED by an affirmative vote of the City Council Governing Body of the City of Sanger, this 15th day of December, 1997 ATTEST: Rosalie EXHIBIT "A" CITY OF SANGER, TEXAS ANNEXATION SERVICE PLAN AREA TO BE ANNEXED BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 204, DENTON COUNTY, TEXAS BEING 12.7288 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 205, DENTON COUNTY, TEXAS BEING 12.7288 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 206, DENTON COUNTY, TEXAS BEING 1.01 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 207, DENTON COUNTY, TEXAS BEING 0.808 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 208, DENTON COUNTY, TEXAS BEING 2.348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE DOUBLE TWINS ADDITION, PHASE 2, LOT 1, DENTON COUNTY, TEXAS, SUBJECT TRACT BEING LOCATED AT 808 N. KEATON. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Sections 43.033 and 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (W) days after the effective date of the annexation at the same level as provided throughout the city. 1*1411.1,11ys FIRE PROTECTION AND FIRE PREVENTION PAGE 2 Fire protection and fire prevention services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. Solid waste collection and disposal services will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF WATER AND WASTEWATER Maintenance of water and wastewater facilities will be continued to be maintained immediately after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF ROADS AND STREETS AND DRAINAGE Maintenance of roads and streets and drainage will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (6) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available EXHIBIT "A" PAGE 3 within sixty (6) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS Construction of needed water, sewer, street, and drainage facilities will begin within two (2) years after submission of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one-half (4-1/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERMS This service plan shall be valid for a term of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexation, then this service plan shall no longer be binding upon the city. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.C.A., Local Government Code, Section 43.052.