05-11-99-Ordinance-Annexing 51.302 Acres of Residential Lots and 32.13 acres of Commercial-05/17/1999City of Sanger, Texas
ORDINANCE NO. 05-11-"
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, a petition has been signed and acknowledged by each and every person or
corporation having an interest in the territory proposed to be annexed;
WHEREAS, said petition was presented to the governing body and approved such petition
not less than five (5) days and not more than thirty days;
WHEREAS, said land is contiguous to the City and is not more than one-half(1/2) miles in
width, and on which fewer than three (3) qualified voters reside;
WHEREAS, the City has prepared a service plan for said tract 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 such petition and the arguments for and against the same, the
governing body has voted to grant such petition and to annex said territory into the City.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF SANGER, TEXAS:
SECTION 1: That the following described territory is hereby annexed into the city, and the
boundary limits to the City are hereby extended to include the said territory within the city
limits of the 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.
PAGE 2
51.302 ACRES RESIDENTIAL LOTS
FIELD NOTES to all that certain tract of land situated in the Henry Tierwester Survey, Abstract Number 1241
Denton County, Texas and being a part of the called 91.822 acre tract described in the quitclaim deed from
James Babcock et.ux. to Mito Commander USA, Inc., recorded in Volume 2483 Page 594 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly described as follows;
BEGINNING for the Northwest corner of the tract being described herein at a wood fence corner post for the
occupied Northwest Corner of said 91.822 acre tract;
THENCE South 89 Degrees 51 Minutes 38 Seconds East with the North line thereof, along and near a fence
a distance of 1446.72 feet to the Northeast corner of the herein described tract;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 634.00 feet;
THENCE North 89 Degrees 26 Minutes 16 Seconds West a distance of 230.00 feet;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 276.27 feet to the beginning of a curve
to the left having a radius of 125.00 feet;
THENCE along the arc of said curve an arc distance of 197.27 feet (chord bearing of North 44 Degrees 38
Minutes 58 Seconds West a distance of 177.43 feet) to the end of said curve;
THENCE North 89 Degrees 51 Minutes 38 Seconds West a distance of 360.76 feet;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 858.37 feet;
THENCE South 45 Degrees 51 Minutes 13 Seconds West a distance of 166.84 feet to a corner in a curve to
the left having a radius of 125.00 feet;
THENCE along the arc of said curve an arc distance of 105.64 feet (chord bearing of South 65 Degrees 38
Minutes 56 Seconds East a distance of 102.53 feet) to the end of said curve;
THENCE South 89 Degrees 51 Minutes 38 Seconds East a distance of 111.44 feet;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 150.00 feet;
THENCE South 89 Degrees 51 Minutes 38 Seconds East a distance of 400.00 feet;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 414.62 feet;
THENCE South 89 Degrees 26 Minutes 16 Seconds East a distance of 230.00 feet;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 1187.00 feet to a corner in the South
line of said 91.822 acre tract in Belz Road;
THENCE North 88 Degrees 51 Minutes 19 Seconds West with said South line in said Road a distance of
1446.75 feet to a 3/8" iron rod found for the Southwest corner of said 91.822 acre tract;
THENCE North 00 Degrees 33 Minutes 44 Seconds East with the West line thereof a distance of 1845.62 feet
to the PLACE OF BEGINNING and enclosing 51.30 acres of land.
7 LIIT, L-INI_1a9XIT4I
FIELD NOTES to all that certain tract of land situated in the Henry Tierwester Survey, Abstract Number 1241
Denton County, Texas and being a part of the called 91.822 acre tract and 2.000 acre tract described in the
quitclaim deed from James Babcock et.ux. to Mito Commander USA, Inc., recorded in Volume 2483 Page 594
of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as
follows;
BEGINNING for the Northeast corner of the tract being described herein at a capped iron rod found for the
Northeast corner of said 91.822 acre tract on the West line of Interstate Highway 35W;
THENCE South 01 Degrees 00 Minutes 23 Seconds West along said Highway along and near a fence a
distance of 800.00 feet to capped iron rod found;
THENCE South 08 Degrees 47 Minutes 48 Seconds West continuing along said line a distance of 152.81 feet
to a 3/8" iron rod found for the beginning of a curve to the right having a radius of 236.6 feet;
THENCE along the arc of said curve an arc distance of 247.38 feet (chord bearing of South 31 Degrees 00
Minutes 02 Seconds West a distance of 236.27 feet) to a 3/8" iron rod found for the end of said curve and the
beginning of another curve to the left having a radius of 336.6 feet;
THENCE along the arc of said curve along said highway an arc distance of 705.60 feet (chord bearing of South
01 Degrees 08 Minutes 59 Seconds West a distance of 583.32 feet) to the end of said curve;
THENCE South 00 Degrees 56 Minutes 27 Seconds West a distance of 146.15 feet to a 3/8" iron rod found
for the Southeast corner of said 91.822 acre tract;
THENCE North 88 Degrees 51 Minutes 19 Seconds West with the South line thereof now in Belz Road a
distance of 695.58 feet to the Southwest corner of the herein described tract;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 1871.00 feet to a corner in the North
line of said 91.822 acre tract;
THENCE South 89 Degrees 51 Minutes 38 Seconds East with said North line along and near a fence a distance
of 850.30 feet to the PLACE OF BEGINNING and enclosing 32.12 acres of land.
PAGE 3
10.42 ACRES HORSE FACILITY
FIELD NOTES to all that certain tract of land situated in the Henry Tierwester Survey, Abstract Number 1241
Denton County, Texas and being a part of the called 91.822 acre tract described in the quitclaim deed from
James Babcock et.ux. to Mito Commander USA, Inc., recorded in Volume 2483 Page 594 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly described as follows;
COMMENCING at a wood fence corner post at the occupied Northwest Corner of said 91.822 acre tract;
THENCE South 89 Degrees 51 Minutes 38 Seconds East with the North line thereof along and near a fence
a distance of 728.33 feet to a corner;
THENCE South 00 Degrees 08 Minutes 22 Seconds West a distance of 230.00 feet to the PLACE OF
BEGINNING being the Northwest corner of the herein described tract;
THENCE South 89 Degrees 51 Minutes 38 Seconds East a distance of 360.76 feet to the beginning of a curve
to the right having a radius of 125.00 feet;
THENCE along the arc of said curve an arc distance of 197.27 feet (chord bearing of South 44 Degrees 38
Minutes 58 Seconds East a distance of 177.43 feet) to the end of said curve;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 276.37 feet;
THENCE South 89 Degrees 26 Minutes 16 Seconds East a distance of 230.00 feet;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 50.00 feet;
THENCE North 89 Degrees 26 Minutes 16 Seconds West a distance of 230.00 feet;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 414.62 feet;
THENCE North 89 Degrees 51 Minutes 38 Seconds West a distance of 400.00 feet;
THENCE South 00 Degrees 33 Minutes 44 Seconds West a distance of 150.00 feet;
THENCE North 89 Degrees 51 Minutes 38 Seconds West a distance of 111.44 feet to the beginning of a curve
to the right having a radius of 125.00 feet;
THENCE along the arc of said curve an arc distance of 105.64 feet (chord bearing of North 65 Degrees 38
Minutes 56 Seconds West a distance of 102.53 feet) to the Southwest Corner of the herein described tract;
THENCE North 45 Degrees 51 Minutes 13 Seconds East a'distance of 166.84 feet;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 858.37 feet to the PLACE OF
BEGINNING and enclosing 10.42 acres of land.
Together with the following described 60 foot Ingress- Egress Easement.
FIELD NOTES to all that certain tract of land situated in the Henry Tierwester Survey, Abstract Number 1241
Denton County, Texas and being a part of the called 91.822 acre tract and 2.000 acre tract described in the
quitclaim deed from James Babcock et.ux. to Mito Commander USA, Inc., recorded in Volume 2483 Page 594
of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as
follows;
BEGINNING at a point from which the most Easterly Northeast corner of the above described tract bears,
South 00 Degrees 33 Minutes 44 Seconds West a distance of 5.0 feet;
THENCE South 89 Degrees 26 Minutes 16 Seconds East a distance of 453.70 feet;
THENCE South 00 Degrees 04 Minutes 52 Seconds West a distance of 237.64 feet;
THENCE South 89 Degrees 58 Minutes 08 Seconds East a distance of 378.35 feet to a corner in the West
right-of-way line of Interstate Highway 35W;
THENCE South 08 Degrees 47 Minutes 48 Seconds West along said highway a distance of 60.70 feet;
THENCE North 89 Degrees 58 Minutes 08 Seconds West a distance of 429.15 feet;
THENCE North 00 Degrees 04 minutes 52 Seconds East a distance of 238.19 feet;
THENCE North 89 Degrees 26 Minutes 16 Seconds West a distance of 394.20 feet;
THENCE North 00 Degrees 33 Minutes 44 Seconds East a distance of 60.00 feet to the PLACE OF
BEGINNING and enclosing 1.47 acres of land.
Page 4
Section 2: That the municipal service plan for the herein annexed territory provided in
Exhibit "A: attached hereto is hereby adopted.
Section 3: The City Secretary is hereby directed to file with the County Clerk and other
appropriate officials and agencies, as required by estate and federal law and city annexation
procedures, certified copies of this ordinance.
PASSSED by an affirmative vote of the Governing Body of the City of Sanger, this 17th day
of May, 1999.
A EST:
City Secretary e
APPROVED:
Mayor
a
INTRODUCTION
This service plan has been prepared in accordance with V.T.C.A., Local Government Code,
Section 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 following schedules:
POLICE PROTECTION
Patrolling, responses to calls, and other police services will be provided within sixty (60) days
after the effective date of the annexation at the same level as provided throughout the city.
FIRE PROTECTION AND FIRE PREVENTION
Fire protection and fire prevention services will be provided within (60) days after the
effective date of the annexation at the same level as provided throughtout the city.
EMERGENCY MEDICAL SERVICES
Emergency medical services will be provided within sixty (60) days after the effective date of
an annexation on the same basis and at the same lavel as provided throughout the city.
SOLID WASTE_ COLLECTION AND DISPOSAL
Solid waste collection and disposal services will be provided within (60) days after the
effective date of the annexation on the same basis and at the same level as provided
throughtout the city.
MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT
WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY
Maintenance of water and wastewater facilities that are not within the service area of another
water or wastewater utility will be provided within sixty (60) days after the effective date of
the annexation on the same basis and 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 (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 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 (60) 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 within (60) 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 water, sewer, street, and drainage facilities will begin within two (2) years
after submissions 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 contruction 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, included the annexed area, if different characteristics of topography,
land use, and population density are considered a sufficient basis for providing different level
of service.
TERM
This service plan shall be valid for a term of ten (10) years.
The plan shall not be amended unless public hearings aaare held in accordance with
V.T.A.C., local Government Code, Section 43.052.
ANNEXATION PETITION
TO THE MAYOR AND GOVERNING BODY
OF THE CITY OF Sanger , TEXAS:
The undersigned owner(s) of the hereinafter described tract of land, which is vacant and
without residents, or on which less than three (3) qualified voters reside, hereby petition
your honorable body to extend the present city limits so as to include as a part of the City
Of Sanger , Texas, the following described territory, to wit:
See.Attached A, B & C
I/We certify that the above described tract of land is contiguous to the City of Sanger ,
Texas, is not more than one-half (1/2) mile in width and that this petition is signed and
duly acknowledged by each and every person or corporation having an interest in said
land.
wner's ignature #1
Per Mito Commander, U.S.A.,INC.
THE STATE OF TEXAS
COUNTY OF Denton
Before me, the undersigned authority, on this day personally appeared Ron WIlliamson/Mito Commander USA, INC.
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he or she executed the same for purposes and consideration therein expressed.
41,
Given under my hand and seal of office, this d L day of mmp"'r /2
�-
Notary Public in and for the Stat ' of Texas
My commission expires: � - %/- ZZ-D Z
1