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02-02-01-Ordinance-Annexing property in the BG Lynch Survey-02/19/2001f_37 no F. 0,� City of Sanger, Texas 1131 ORDINANCE NO.02-02-01 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES 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, the city is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.021 and its home -rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the city; 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 the 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 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. Being a tract of land situated in the B.G. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at the intersection of the west right -of- way line of the G. C. & S. F. Railroad; THENCE N 100 21'15" E, 25.33 feet along said west right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set at the POINT OF BEGINNING. THENCE N 880 52148" W, 581.88 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 800 31' 41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 060 21130" E, 329.90 feet to a 5/8 inch rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 83 ° 38'30" W, 400.00 feet to a V2 iron rod with plastic cap stamped "ALLIANCE" found in the east right-of-way line of interstate highway 35 and the beginning of a curve to the right; THENCE with said east right-of-way line and with said curve to the right, through a central angle of 44' 59' 24", having a radius of 236.48 feet, the long chord of which bears N 21' 33' 15" W 180.96 feet, an are distance of 185.69 feet to a % inch iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 060 35' 53" W,152.63 feet with said east right-of-way line to a % iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 000 55150" E, 1146.64 feet continuing along said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 04110" E, 200.00 feet departing said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N. 000 55' 50" E , 180.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 04' 10" E, 90.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021' 30" E 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 83 °38'30" E, 75.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021130" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 88036136" E, 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the aforementioned west right-of-way line of the G. C. & S. F. Railroad; THENCE S 100 21115" W, 4309.54 feet along said west right-of-way line to the POINT OF BEGINNING and containing 213.286 acres of land more or less. TRACT TWO BEING a tract of land situated in the B. F. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, Deed of Records, Denton County, Texas as being more particularly described by metes and bounds as follows: BEGINNING at P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at intersection of the west right-of-way line of the G. C. & S. F. Railroad; THENCE N 880 52148" W,1926.45 feet along the centerline of Lois Road to a P. K. Nail found in the east right-of-way line of Highway 35; THENCE N 000 45147" E, 29.90 feet along the east right-of-way line of Highway 35 to a Y2 inch iron rod found; THENCE N 300 00'07" W, 49.41 feet continuing along said east right-of-way line to a % inch iron rod found at the beginning of a curve to the left; THENCE with said east right-of-way line and with said curve to the left, through a central angle of 023 ° 32135", having a radius of 336.48 feet, the long chord of which bears N 25004130" E,137.29 feet, an are distance of 138.26 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 03' 32" E,139.55 feet departing said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 800 31141" E, 1191.71 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 880 52'48" E, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the west right-of-way line of the G. C. & S. F. Railroad; THENCE S 100 21'15" W, 25.33 feet along said west right-of-way line to the POINT OF BEGINNING and containing 4.114 acres of land more or less. 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 4779 02483 procedures, certified copies of this ordinance. PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 19th day of February, 2001. APPROVED: Tommyjdncaid, Mayor ATTEST: Cv, Rosalie Chavez, City ecr tary 477 0- 47 PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 28th day of December, 2000. ATT T: l/ kq—� , ''r / Rosalie Chavez, City Se ° tary APPROVED: TommyjUiicaid, Mayor �,��� t°S4tPdR.aj1 o/Z6! sAtv •90 ° EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED Being a tract of land situated in the B.G. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at the intersection of the west right -of- way line of the G. C. & S. F. Railroad; THENCE N 100 21115" E, 25.33 feet along said west right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set at the POINT OF BEGINNING. THENCE N 880 52148" W, 581.88 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 800 31' 41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 060 21130" E, 329.90 feet to a 5/8 inch rod with a plastic cap stamped "CARTER & BURGESS" set; THENCE N 83 ° 38130" W, 400.00 feet to a 1/2 iron rod with plastic cap stamped "ALLIANCE" found in the east right-of-way line of interstate highway 35 and the beginning of a curve to the right; THENCE with said east right-of-way line and with said curve to the right, through a central angle of 44' 59' 24", having a radius of 236.48 feet, the long chord of which bears N 21' 33' 15" W 180.96 feet, an are distance of 185.69 feet to a % inch iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 06 ° 35' 53" W,152.63 feet with said east right-of-way line to a 1/2 iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 000 55150" E, 1146.64 feet continuing along said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 04110" E, 200.00 feet departing said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N. 000 55' 50" E , 180.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 04' 10" E, 90.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021' 30" E 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 83 ° 38130" E, 75.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021130" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 88036136" E, 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the aforementioned west right-of-way line of the G. C. & S. F. Railroad; THENCE S 100 21115" W, 4309.54 feet along said west right-of-way line to the POINT OF BEGINNING and containing 213.286 acres of land more or less. TRACT TWO BEING a tract of land situated in the B. F. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, Deed of Records, Denton County, Texas as being more particularly described by metes and bounds as follows: BEGINNING at P. K. Nail found at the southeast property corner of said Wolski Tract, said P. K. Nail is in the centerline of Lois Road at intersection of the west right-of-way line of the G. C. & S. F. Railroad; THENCE N 880 52'48" W,1926.45 feet along the centerline of Lois Road to a P. K. Nail found in the east right-of-way line of Highway 35; THENCE N 000 45147" E, 29.90 feet along the east right-of-way line of Highway 35 to a'/2 inch iron rod found; THENCE N 300 00'07" W, 49.41 feet continuing along said east right-of-way line to a'/2 inch iron rod found at the beginning of a curve to the left; THENCE with said east right-of-way line and with said curve to the left, through a central angle of 023 ° 32'35", having a radius of 336.48 feet, the long chord of which bears N 25 ° 04'30" E, 137.29 feet, an are distance of 138.26 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 890 03' 32" E,139.55 feet departing said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 800 31141" E, 1191.71 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 880 52148" E, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the west right-of-way line of the G. C. & S. F. Railroad; THENCE S 100 21115" W, 25.33 feet along said west right-of-way line to the POINT OF BEGINNING and containing 4.114 acres of land more or less. INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 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 following schedules: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (10) 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 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 an annexation on the same basis and at the same level 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 throughout the city. MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTH,ITY Maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be continued to be maintained immediately 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 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 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, 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 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.A.C., local Government Code, Section 43.052.