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08-12-01-Ordinance-Annexing property located in the Henry Tierwester Survey-08/06/200119 City of Sanger, Texas 100449 ORDINANCE NO. 08-12-01 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. All that certain tract or parcel of land situated in the Henry Tierwester Survey, A-1241, Denton County, Texas, being a part of a certain (called) 72.74 acre tract described in a deed from J.C. Holland, et ux, to Major L. Moore on the 24`" day of August 1926, recorded in Volume 207, page 240, Deed Records of said County, and being more fully described as follows.. COMMENCING at a fence post at the Northwest corner of said 72.74 acre tract; THENCE S. 00 30' 07" E. with said fence and the West boundary line of said tract a distance of 312.40 feet to a steel pin at the Point of Beginning; THENCE N. 890 50' 50" E. a distance of 1394.40 feet to a steel pin in a fence on the East boundary line of said 72.74 acre tract; THENCE S. 0014' 55" E. with the East boundary line of said tract along and near said 17 fence a distance of 1748.13 feet to a steel pin at a fence corner angle; THENCE S. 0014' 06" W. with the East boundary line of said tract along and near said fence a distance of 180.30 feet to a steel pin on the North right of way of F.M. Road 455; THENCE S. 890 4113911 W. with the North line of F.M. Road 455 along and near said fence 1384.33 feet to a fence corner at the existing Southwest corner of said 72.74 acre tract; THENCE N. 00 30' 07" W. with the West boundary line of said tract along and near said fence a distance of 1932.16 feet to the Point of Beginning, and containing 61.598 acres of land. SAVE AND EXCEPT: All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241, Denton County, Texas and being a part of the called 61.598 acre tract described in the deed from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc. recorded in Volume 1092, Page 991 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 a'/z inch iron rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07 Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet West of a wire fence; THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a inch iron rod set for the Northwest corner of the herein described tract; THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at 6.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a'/Z inch iron rod set for the Northeast corner of the herein described tract; THENCE South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a inch iron rod set for the Southeast corner of the herein described tract; THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land. 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 6th day of August, 2001 APPROVED: AT ST: CL�4 Rosalie Chavez, City Seer ry 49 2 8 01 68 r'Y OV SAN 10 GE R 16200 SAN I� ANY PROVISION HEREIN WHICH RESTRICT."THE SALE, RCNTAL, CRUSE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR BADE 10 INVALID ANO UNENFO CEABLE UNDER FEDERAL LAW. 1 THE STATE OFTE Ei ; COUNTYOFDENTON r I hereby certify that this Instmmont was FILED in the File Aimbor 0"ueane an the date and the lima stamped hereon by me; pnd.wad dtly RECORDED, In tho Official Public Records of Real Property of Dvilon CcWd , Te tuti on SEP 2 4 COUNTY CLEFW DENTON COUNTY, TEXAS Filed for Record in: DENTON COUNTY, TX CYNTHIA MITCHELL, COUNTY CLERK On Sep 24 2001 At 1:49pm Receipt #: 48598 Recording: 7.00 Doc/Mgmt 6.001 Doc/Nume 2001-R0100449 Deputy-Cristina Y DMI-MAITHUM City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED All that certain tract or parcel of land situated in the Henry Tierwester Survey, A-1241, Denton County, Texas, being a part of a certain (called) 72.74 acre tract described in a deed from J.C. Holland, et ux, to Major L. Moore on the 24t' day of August 1926, recorded in Volume 207, page 240, Deed Records of said County, and being more fully described as follows: COMMENCING at a fence post at the Northwest corner of said 72.74 acre tract; THENCE S. 00 30' 07" E. with said fence and the West boundary line of said tract a distance of 312.40 feet to a steel pin at the Point of Beginning; THENCE N. 89 ° 50' 50" E. a distance of 1394.40 feet to a steel pin in a fence on the East boundary line of said 72.74 acre tract; ,THENCE S. 0014' 55" E. with the East boundary line of said tract along and near said fence a distance of 1748.13 feet to a steel pin at a fence corner angle; THENCE S. 00 14' 06" W. with the East boundary line of said tract along and near said fence a distance of 180.30 feet to a steel pin on the North right of way of F.M. Road 455; THENCE S. 890 4113911 W. with the North line of F.M. Road 455 along and near said fence 1384.33 feet to a fence corner at the existing Southwest corner of said 72.74 acre tract; THENCE N. 00 30' 07" W. with the West boundary line of said tract along and near said fence a distance of 1932.16 feet to the Point of Beginning, and containing 61.598 acres of land. SAVE AND EXCEPT: All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241, Denton County, Texas and being a part of the called 61.598 acre tract described in the deed from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc. recorded in Volume 1092, Page 991 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 a'/2 inch iron rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07 Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet West of a wire fence; THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/2 inch iron rod set for the Northwest corner of the herein described tract; THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at 6.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a'/2 inch iron rod set for the Northeast corner of the herein described tract; THENCE South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/2 inch iron rod set for the Southeast corner of the herein described tract; THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land. 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 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. 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. 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.