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06-08-01-Ordinance-Annexing property located in the Reuben Bebee Survey-06/04/20014868 02033 City of Sanger, Texas ORDINANCE NO 06-08-01 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 291.9467 ACRE TRACT OF LAND IN THE REUBEN BEBEE SURVEY, ABSTRACT NO. 29, IN THE E.T.J. OF THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING ALL THAT CERTAIN 292.163 ACRE TRACT OF LAND DESCRIBED IN DEED FROM SHAUL C. BARCH, TRUSTEE AND PANHANDLE COMPRESS COMPANY TO HE, LOU COOPER AND JERRIAN COOPER SHEPARD, RECORDED IN DENTON COUNTY CLERK'S FILE NO. 96-R0045294 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a "P-K Nail" found in the center of Marion Road (asphalt) for the southeast corner hereof and of said 292.163 acre tract from which an 18 inch hackberry tree found in a fence bears South 87 ° 12"33" West, a distance of 31.50 feet. THENCE, with the north line of the 56.50 acre (FIRST TRACT) described in deed from W. H. (Bill) Madewell and Hattie M. Madewell to A. Ray Stephens and Linda D. Stephens, recorded in Volume 562, Page 381 of the Real Property Records of Denton County, Texas, South 89°28132" West, a distance of 3734.59 feet to a % inch iron rod found in the east right -of- way line of the Gulf Coast & Saute Fe Railroad (100' ROW), for the southwest corner hereof and of said 292.163 acre tract; THENCE, with said right-of-way, North 05°O1128" West, a distance of 2551.19 feet to % inch iron rod found for the westerly most, northwest corner hereof and of said 292.163 acre tract, said point being common with the southwest corner of the 25.35 acre tract of land described in deed from Lou Henry Cooper and Jerri Ann Shepard to the City of Sanger, Texas, recorded in Volume 1125, Page 943 of the Real Property records of Denton county, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 25.35 acre tract the following two (2) courses and distances: 1. North 89°37100" East, a distance of 957.23 feet to a'/Z inch steel square tubing found for an interior ell corner hereof and of said 292.163 acre tract, said point being common with the southeast corner of said 25.35 acres. 2. North 01 ° 41'09" West, a distance of 1115.39 feet to a 1/2 inch steel square tubing found for the northerly most northwest corner hereof and of said 292.163 acre tract, said point being common with the northeast corner of said 25.35 acres and in the south line of the 196 acre (SECOND TRACT) described in deed from Bettie Dane Nash Miller to Henry A. Miller, recorded in Volume 2281, Page 47 of the Real Property Records of Denton County, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 196 acre tract, North 89°24'17" East, passing a 3/8" iron found at 1826.31 feet for the common southerly corner of said 196 acre tract and ABNEY ACRES, an addition in the E.T.J. of the City of Sanger, according to the plat thereof, recorded in Cabinet M, Slide 64 of the Plat Records of Denton County, Texas and continuing with the common line hereof and of said 292.163 acre tract and of said ABNEY ACRES in all a total distance of 2369.12 feet to a fence corner post found for the northeast corner hereof and of said 292.163 acre tract, said point being common with the northwest corner of the 9.297 acre tract of land described in deed from H.D. Cooper and wife, Vera Lou Cooper to Henry Cooper and wife, Page Cooper, recorded in Volume 1005, Page 253 of the Real Property Records of Denton County, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 9.297 acre tract, the following six (6) courses and distances: 1. South 06' 21'26" East, a distance of 113.70 feet to a fence corner post 2. South 13' 25107" East, a distance of 162.04 feet to a fence corner post 3. South 23' 10'07" East, a distance of 229.52 feet to a fence corner post 4. South 34' 34'07" East, a distance of 132.63 feet to a fence corner post 5. South 54' 42'39" East, a distance of 162.06 feet to a fence corner post 0 02035 6. South 61 ° 18'51" East, a distance of 348.92 feet to a "P-K Nail" set for the southeast corner of said 9.297 acre tract, in the center of said Marion Road, being common with the east line hereof and of said 292.163 acre tract; THENCE, with said line, South 00' 12'42" East, a distance of 2801.18 feet to the TRUE POINT OF BEGINNING and a containing within said boundaries 291.9467 acres of land. The basis of bearings for the hereinabove described tract being the line held between the "P-K Nail" found for the southeast corner of said 292.163 acre tract and a'/Z inch iron rod found for the westerly most, northwest corner of said 292.163 acre tract as called for in the deed recorded in Denton County Clerk's File No. 96-R0045294 of the Real Property Records of Denton County, Texas. 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. PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 4th day of June, 2001 APPROVED: Tommyrmncaid, Mayor ATTEST: r Rosalie Chavez, City SecretTy% 'o 3 a ' 36302036 EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN " 360 02037 AREA TO BE ANNEXED BEING A 291.9467 ACRE TRACT OF LAND IN THE REUBEN BEBEE SURVEY, ABSTRACT NO. 29, IN THE E.T.J. OF THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING ALL THAT CERTAIN 292.163 ACRE TRACT OF LAND DESCRIBED IN DEED FROM SHAUL C. BARCH, TRUSTEE AND PANHANDLE COMPRESS COMPANY TO HENRY LOU COOPER AND JERRIAN COOPER SHEPARD, RECORDED IN DENTON COUNTY CLERK'S FILE NO. 96-R0045294 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a "P-K Nail" found in the center of Marion Road (asphalt) for the southeast corner hereof and of said 292.163 acre tract from which an 18 inch hackberry tree found in a fence bears South 870121133" West, a distance of 31.50 feet. THENCE, with the north line of the 56.50 acre (FIRST TRACT) described in deed from W. H. (Bill) Madewell and Hattie M. Madewell to A. Ray Stephens and Linda D. Stephens, recorded in Volume 562, Page 381 of the Real Property Records of Denton County, Texas, South 89028'32" West, a distance of 3734.59 feet to a % inch iron rod found in the east right -of- way line of the Gulf Coast & Sante Fe Railroad (100' ROW), for the southwest corner hereof and of said 292.163 acre tract; THENCE, with said right-of-way, North 05'01'28" West, a distance of 2551.19 feet to % inch iron rod found for the westerly most, northwest corner hereof and of said 292.163 acre tract, said point being common with the southwest corner of the 25.35 acre tract of land described in deed from Lou Henry Cooper and Jerri Ann Shepard to the City of Sanger, Texas, recorded in Volume 1125, Page 943 of the Real Property records of Denton county, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 25.35 acre tract the following two (2) courses and distances: 1. North 89°37100" East, a distance of 957.23 feet to a % inch steel square tubing found for an interior ell corner hereof and of said 292.163 acre tract, said point being common with the southeast corner of said 25.35 acres. 2. North 01°41'09" West, a distance of 1115.39 feet to a V2 inch steel square tubing found for the northerly most northwest corner hereof and of said 292.163 acre tract, said point being common with the northeast corner of said 25.35 acres and in the south line of the 196 acre (SECOND TRACT) described in deed from Bettie Dane Nash Miller to Henry A. Miller, recorded in Volume 2281, Page 47 of the Real Property Records of Denton County, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 196 acre tract, North 89°24117" East, passing a 3/8" iron found at 1826.31 feet for the common southerly corner of said 196 acre tract and ABNEY ACRES, an addition in the E.T.J. of the City of Sanger, according to the plat thereof, recorded in Cabinet M, Slide 64 of the Plat Records of Denton County, Texas and continuing with the common line hereof and of said 292.163 acre tract and of said ABNEY ACRES in all a total distance of 2369.12 feet to a fence corner post found for the northeast corner hereof and of said 292.163 acre tract, said point being common with the northwest corner of the 9.297 acre tract of land described in deed from H.D. Cooper and wife, Vera Lou Cooper to Henry Cooper and wife, Page Cooper, recorded in Volume 1005, Page 253 of the Real Property Records of Denton County, Texas; THENCE, with the common line hereof and of said 292.163 acre tract and of said 9.297 acre tract, the following six (6) courses and distances: 7. South 06' 21'26" East, a distance of 113.70 feet to a fence corner post 8. South 13' 25'07" East, a distance of 162.04 feet to a fence corner post 9. South 23° 10'07" East, a distance of 229.52 feet to a fence corner post 10. South 34' 34'07" East, a distance of 132.63 feet to a fence corner post 11. South 54' 42'39" East, a distance of 162.06 feet to a fence corner post 12. South 61 ° 18'51" East, a distance of 348.92 feet to a "P-K Nail' set for the southeast corner of said 9.297 acre tract, in the center of said Marion Road, being common with the east line hereof and of said 292.163 acre tract; THENCE, with said line, South 00' 12'42" East, a distance of 2801.18 feet to the TRUE POINT OF BEGINNING and a containing within said boundaries 291.9467 acres of land. The basis of bearings for the hereinabove described tract being the line held between the "P-K Nail' found for the southeast corner of said 292.163 acre tract and a % inch iron rod found for the westerly most, northwest corner of said 292.163 acre tract as called for in the deed recorded in Denton County Clerk's File No. 96-R0045294 of the Real Property Records of Denton County, Texas. 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 FACILTTIES 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 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. Page 3 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 F 020 0 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. 4 P ,j 6 2 0 tj OF SANDER L:,), In Ih o n tf, I G F-lx'�,� - COUNTY CLERK DENTON (33GUNTY, TEXAS Fil89 DENT Cf8GNYIcOYV in: CYNTHIA MITCHLLL, COUNTY CLERK On Jun 28 2001 At 12:04pm Receipt #: 32601 Recording: 19.00 Doc/Mgmt .1 6.00 Doc/Num : 2001-R0063569 Doc/Rpej OR Deputy Christy