05-06-02-Ordinance-Annexing property located in the H Tierwester Survey-05/06/20025128 02783
City of Sanger, Texas
ORDINANCE NO. 05-06-02
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.
A 1241, TR 299 (CITY)
All that certain lot, tract, or parcel of land, out of the H. Tierwester Survey, Abstract No.1241
in Denton County, Texas, and being part of a tract of land conveyed to L. T. Kerby, by R. L.
Mayer, as recorded in Volume 310, page 579, Deed records of said County, and being more
particularly described as follows:
28 %e► `
BEGINNING at a point, at a Northeast corner of a tract of land conveyed to the City of Sanger,
Texas, by J. M. Atkins et ux, as recorded in Volume 186, page 419 Deed Records of said
County, said point being an intercorner of the above mentioned Kerby tract;
THENCE North 88 deg. 39 min. West following the North line of said City of Sanger tract a
distance of 209.6 feet to an intercorner of said Kerby tract;
THENCE North 5 deg. 26. Min. West along the West line of said Kerby tract a distance of
685.0 feet to the South line of a public road;
THENCE South 89 deg. 45 min. East along the South line of said public road a distance of
209.1 feet to an iron pin for a corner;
THENCE South 5 deg. 26 min. East a distance of 689.1 feet to the PLACE OF BEGINNING
and containing in all 3.283 acres of land, as surveyed by R. C. Courtney, Registered
Professional Engineer, on May 15,1968.
A 1241 TR 305 (CITY)
All that certain parcel, lot, or tract of land out of the Henry Tierwester 2575 acre survey and
more fully and particularly described and bounded as follows; Being part of the 2 acre Butcher
or slaughter pen lot conveyed to Grantor J. M. Atkins by B. W. Miller and bounded as follows:
Beginning at a stake the north east corner of said Slaughter pen lot, thence west 150 feet, a
stake for corner in N. B. line of said lot. Thence south 75 feet to a stake for corner; thence east
parallel with the N. B. Line of said lot 150 feet a stake in the E.B. Line of said lot thence north
with the E.B. Line of said lot 75 feet to the place of beginning. It is fully understood and agreed
by and between grantors and grantee that the land herein conveyed is for the erection and use
of such, of Sewage disposal plant for the City of Sanger, Texas.
A 1241 TR 329 (CITY)
All that certain tract or parcel of land in the H. Tierwester Survey, Abstract No. 1241, in
Denton count, Texas, and being a portion of the same 410.356 acre tract of land conveyed by
L. T. Kerby to Joe R. Falls on the 50' day of September,1969, recorded in Volume 591, page
54, Deed Records of said County, and being more fully described as follows:
FROM the South Northwest corner of sayd 410.356 acre tract at an iron pin situated in the
fence corner on the West Right of Way of a public road; THENCE North 86 deg.17 min. 0 sec.
East along and with a fence a distance of 410.400 feet to an iron pin; THENCE North 4 deg.
12 min. 0 sec. West along and with a fence a distance of 383.000 feet to an iron pin; THENCE
South 89 deg. 38 min. 0 sec. East along and with a fence a distance of 418.400 feet to an iron
pin; THENCE South 31 deg. 58 min. 0 sec. East a distance of 613.900 feet to a PLACE OF
BEGINNING whence an iron pin is set:
THENCE North 56 deg. 50 min. 0 sec. East a distance of 392.000 feet to a corner;
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THENCE South 2 deg. 37 min. 30 sec. East along the center line of Ranger Branch a distance
of 58.060 feet to a corner;
THENCE South 27 deg. 21 min. 45 sec. East with said Branch a distance of 66. 850 feet to a
corner;
THENCE South 33 deg. 29 min. 0 sec. East with said Branch a distance of 108.330 feet to a
corner;
THENCE South 55 deg. 8 min. 24 sec. East with a said Branch distance of 100.050 feet to a
corner;
THENCE South 82 deg. 4 min. 0 sec. East with said Branch a distance of 61.600 feet to a
corner;
THENCE South 56 deg. 50 min. 0 sec. West a distance of 440.000 feet to an iron pin;
THENCE North 33 deg. 10 min. 0 sec. West a distance of 360.000 feet to the PLACE OF
BEGINNING, and containing 3.000 acres, as surveyed on the ground by Ballard & Nash, Inc.,
consulting engineers and surveyors, of Denton, Texas, on November 2,1971;
A 1241 TR 59 (RUTH MARSHALL)
All that certain lot, tract or parcel of land described as follows: Situated in Denton County,
Texas, about 12 miles north of the City of Denton, and being a part of and out of the H.
Tierwester Survey, and
BEGINNING on the West line of said original survey 633-1/2varas south of the N. W.
corner of a 160 acre tract out of said survey sold to M. Cartwright to R. P. Brooks on the 10'
day of July 1878;
THENCE South 633-1/2 varas to S. W. Corner of said 160 acre survey;
THENCE East 890-8/10 varas to S. E. Corner of 40 acre tract out of said Tierwester
survey sold by M. Cartwright to R. P. Brooks on the 21" day of November 1881;
THENCE North with East line of said 40 acre tract 474-9/10 varas for corner;
THENCE West 178 varas for corner; THENCE 158 varas for corner;
THENCE West 712-8/10 varas to the beginning, containing 95 acres.
A 1241 TR 328 (CITY)
All that certain tract of land situated in the County of Denton, State of Texas and described
by metes and bounds as follows towit;
Being a part of the H. Tierwester survey, Abstract No. 1241, and
Beginning at a cedar post set in the south line of said survey at a point 90 feet east of the
center of the G. C. and S. F. Right of way, the same being the southwest corner of a 470 acre
tract now owned by Grantor;
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Thence S 890 15' E 346 varas;
Thence N.13o 30' W 289 varas;
Thence N 890 15' W 304 varas to an iron stake set in the east line of a 39 foot road;
Thence S 5o E with said road 281 varas to the place of beginning, containing 16.12 acres
of land.
A 1241 TR77 (AMYX)
All that certain tract or parcel of land situated in the H. Tierwester Survey, Abstract 1241,
Denton county, Texas, being a part of certain (called) 71 acre tract described in a deed from
Ed Giles, et ux, to A. B. Holt on the 29t' day of June,1971 and recorded in Volume 154, page
118, Deed Records of said County, and being more fully described as follows:
BEGINNING at the Northeast corner of a 2.43 acre tract described in a deed from Ina Grace
Holt to Bennie Earl Parrent, et al, on May 19, 1978 and recorded in Volume 893, page 343,
Deed Records of said County
THENCE S. 89 ° 34' 20" E. along and near a fence on the North boundry line of said Holt tract
a distance of 1153.13 feet to an iron pin in North -South road;
THENCE s. 0° 58' 05" W. with the East boundary line of said 71 acre tract in the middle of
said road a distance of 378.02 feet to an iron pin;
THENCE N. 890 34' 20" W. a distance of 1151.60 feet to an iron pin on the East boundary line
of said 2.43 acre tract;
THENCE N. 0° 44' 10" E. with the East boundary line of said 2.43 acre tract a distance of
378.01 feet to the Point of Beginning, containing in all 10.000 acres of land.
SAVE AND EXCEPT any portion of subject property that lies within the boundaries of any
public roads.
A 29 TR 61A (CITY)
All that certain tract or parcel of land, situated in the R. Bebee Survey, Abstract No. 29 (North
Part) in Denton County, Texas, and being part of that 25.23-acre tract conveyed to Lane EMJ,
Inc. as recorded in Volume 2055, Page 585 of the Deed Records of Denton County, Texas, and
being further described as follows:
COMMENCING at the southwest corner of said 25.23-acre tract, said point also being in the
north right-of-way of McReynolds Road (County), said point also being West, 445.65 feet, more
or less, from the southeast corner of the Sanger Cemetery;
THENCE North 01 ° 19' 20" West, 200.00 feet, more or less, along the west line of said 25.23-
acre tract, to the PLACE OF BEGINNING;
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THENCE North 01 ° 19' 20" West 200.00 feet, along the west lane of said 25.23 acre tract, to
a point for corner;
THENCE North 88' 40' 40" east 200.00 feet, to a point for corner;
THENCE South 01 ° 19' 20" East 200.00 feet, to apoint for corner;
THENCE South 88 ° 40' 40" West, 200.00 feet, to the PLACE OF BEGINNING, and
containing 0.918 acres, 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 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 May, 2002.
APPROVED:
Tommy 'ncaid, Mayor
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DE4189 NA oYj i n ;
CYNTHIA MITCHELL, COUNTY CLERK
On Jul 16 2002
At 3;12pa
Receipt #; 39929
Recording; 15.00
Doc/Mgmt ; 6.00
Doc/Nun Doc/T2002-R008®422
ype
Deputy-ELIZABETH MDO
City of Sanger, Texas
ANNEXATION SERVICE PLAN
AREA TO BE ANNEXED
A 1241, TR 299 (CITY)
All that certain lot, tract, or parcel of land, out of the H. Tierwester Survey, Abstract No.
1241 in Denton County, Texas, and being part of a tract of land conveyed to L. T. Kerby, by
R. L. Mayer, as recorded in Volume 310, page 579, Deed records of said County, and being
more particularly described as follows:
BEGINNING at a point, at a Northeast corner of a tract of land conveyed to the City of
Sanger, Texas, by J. M. Atkins et ux, as recorded in Volume 186, page 419 Deed Records of
said County, said point being an intercorner of the above mentioned Kerby tract;
THENCE North 88 deg. 39 min. West following the North line of said City of Sanger tract a
distance of 209.6 feet to an intercorner of said Kerby tract;
THENCE North 5 deg. 26. Min. West along the West line of said Kerby tract a distance of
685.0 feet to the South line of a public road;
THENCE South 89 deg. 45 min. East along the South line of said public road a distance of
209.1 feet to an iron pin for a corner;
THENCE South 5 deg. 26 min. East a distance of 689.1 feet to the PLACE OF
BEGINNING and containing in all 3.283 acres of land, as surveyed by R. C. Courtney,
Registered Professional Engineer, on May 15,1968.
A 1241 TR 305 (CITY)
All that certain parcel, lot, or tract of land out of the Henry Tierwester 2575 acre survey
and more fully and particularly described and bounded as follows; Being part of the 2 acre
Butcher or slaughter pen lot conveyed to Grantor J. M. Atkins by B. W. Miller and
bounded as follows: Beginning at a stake the north east corner of said Slaughter pen lot,
thence west 150 feet, a stake for corner in N. B. line of said lot. Thence south 75 feet to a
stake for corner; thence east parallel with the N. B. Line of said lot 150 feet a stake in the
E.B. Line of said lot thence north with the E.B. Line of said lot 75 feet to the place of
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beginning. It is fully understood and agreed by and between grantors and grantee that the
land herein conveyed is for the erection and use of such, of Sewage disposal plant for the
City of Sanger, Texas.
A 1241 TR 329 (CITY)
All that certain tract or parcel of land in the H. Tierwester Survey, Abstract No. 1241, in
Denton count, Texas, and being a portion of the same 410.356 acre tract of land conveyed
by L. T. Kerby to Joe R. Falls on the 5"' day of September,1969, recorded in Volume 591,
page 54, Deed Records of said County, and being more fully described as follows:
FROM the South Northwest corner of sayd 410.356 acre tract at an iron pin situated in the
fence corner on the West Right of Way of a public road; THENCE North 86 deg.17 min. 0
sec. East along and with a fence a distance of 410.400 feet to an iron pin; THENCE North 4
deg. 12 min. 0 sec. West along and with a fence a distance of 383.000 feet to an iron pin;
THENCE South 89 deg. 38 min. 0 sec. East along and with a fence a distance of 418.400 feet
to an iron pin; THENCE South 31 deg. 58 min. 0 sec. East a distance of 613.900 feet to a
PLACE OF BEGINNING whence an iron pin is set:
THENCE North 56 deg. 50 min. 0 sec. East a distance of 392.000 feet to a corner;
THENCE South 2 deg. 37 min. 30 sec. East along the center line of Ranger Branch a
distance of 58.060 feet to a corner;
THENCE South 27 deg. 21 min. 45 sec. East with said Branch a distance of 66.850 feet to a
corner;
THENCE South 33 deg. 29 min. 0 sec. East with said Branch a distance of 108.330 feet to a
corner;
THENCE South 55 deg. 8 min. 24 sec. East with a said Branch distance of 100.050 feet to a
corner;
THENCE South 82 deg. 4 min. 0 sec. East with said Branch a distance of 61.600 feet to a
corner;
THENCE South 56 deg. 50 min. 0 sec. West a distance of 440.000 feet to an iron pin;
THENCE North 33 deg. 10 min. 0 sec. West a distance of 360.000 feet to the PLACE OF
BEGINNING, and containing 3.000 acres, as surveyed on the ground by Ballard & Nash,
Inc., consulting engineers and surveyors, of Denton, Texas, on November 2,1971;
A 1241 TR 59 (RUTH MARSHALL)
All that certain lot, tract or parcel of land described as follows: Situated in Denton County,
Texas, about 12 miles north of the City of Denton, and being a part of and out of the H.
Tierwester Survey, and
BEGINNING on the West line of said original survey 633-1/2varas south of the N.
W. corner of a 160 acre tract out of said survey sold to M. Cartwright to R. P. Brooks on
the 101' day of July 1878;
THENCE South 633-1/2 varas to S. W. Corner of said 160 acre survey;
THENCE East 890-8/10 varas to S. E. Corner of 40 acre tract out of said Tierwester
survey sold by M. Cartwright to R. P. Brooks on the 219` day of November 1881;
THENCE North with East line of said 40 acre tract 474-9/10 varas for corner;
THENCE West 178 varas for corner; THENCE 158 varas for corner;
THENCE West 712-8/10 varas to the beginning, containing 95 acres.
A 1241 TR 328 (CITY)
All that certain tract of land situated in the County of Denton, State of Texas and described
by metes and bounds as follows towit;
Being a part of the H. Tierwester survey, Abstract No. 12419 and
Beginning at a cedar post set in the south line of said survey at a point 90 feet east of
the center of the G. C. and S. F. Right of way, the same being the southwest corner of a 470
acre tract now owned by Grantor;
Thence S 890 15' E 346 varas;
Thence N.13o 30' W 289 varas;
Thence N 890 15' W 304 varas to an iron stake set in the east line of a 39 foot road;
Thence S 5o E with said road 281 varas to the place of beginning, containing 16.12
acres of land.
A 1241 TR77 (AMYX)
All that certain tract or parcel of land situated in the H. Tierwester Survey, Abstract 1241,
Denton county, Texas, being a part of certain (called) 71 acre tract described in a deed from
Ed Giles, et ux, to A. B. Holt on the 29" day of June,1971 and recorded in Volume 154,
page 118, Deed Records of said County, and being more fully described as follows:
BEGINNING at the Northeast corner of a 2.43 acre tract described in a deed from Ina
Grace Holt to Bennie Earl Parrent, et al, on May 19,1978 and recorded in Volume 893,
page 343, Deed Records of said County
THENCE S. 890 34' 20" E. along and near a fence on the North boundry line of said Holt
tract a distance of 1153.13 feet to an iron pin in North -South road;
THENCE s. 0° 58' 05" W. with the East boundary line of said 71 acre tract in the middle of
said road a distance of 378.02 feet to an iron pin;
THENCE N. 890 34' 20" W. a distance of 1151.60 feet to an iron pin on the East boundary
0
line of said 2.43 acre tract;
THENCE N. 00 44' 10" E. with the East boundary line of said 2.43 acre tract a distance of
378.01 feet to the Point of Beginning, containing in all 10.000 acres of land.
SAVE AND EXCEPT any portion of subject property that lies within the boundaries of any
public roads.
A 29 TR 61A (CITY)
All that certain tract or parcel of land, situated in the R. Bebee Survey, Abstract No. 29
(North Part) in Denton County, Texas, and being part of that 25.23-acre tract conveyed to
Lane EMJ, Inc. as recorded in Volume 2055, Page 585 of the Deed Records of Denton
County, Texas, and being further described as follows:
COMMENCING at the southwest corner of said 25.23-acre tract, said point also being in
the north right-of-way of McReynolds Road (County), said point also being West, 445.65
feet, more or less, from the southeast corner of the Sanger Cemetery;
THENCE North Ol ° 19' 20" West, 200.00 feet, more or less, along the west line of said
25.23-acre tract, to the PLACE OF BEGINNING;
THENCE North Ol ° 19' 20" West 200.00 feet, along the west line of said 25.23 acre tract, to
a point for corner;
THENCE North 88' 40' 40" east 200.00 feet, to a point for corner;
THENCE South Ol ° 19' 20" East 200.00 feet, to apoint for corner;
THENCE South 88° 40' 40" West, 200.00 feet, to the PLACE OF BEGINNING, and
containing 0.918 acres, 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
[K
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
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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.
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