Loading...
12-31-01-Ordinance-Annexing property R Beebe Survey-12/17/2001City of Sanger, Texas ORDINANCE NO. 12-31-01 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 LEVITI'S, 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 6y 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. Sable) Being an undivided one-third (1/3rd) interest in 134.634 acres, more or less, in Denton County, Texas described as follows: 158.074 acres of land, more or less, out of the R. Beebe Survey, Abstract No. 291225 in Denton County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of the Sanger Cemetery by Deed dated February 28,1962, recorded in Volume 479, page 283 of Denton County Deed Records; 5054 00255 THENCE North 01 deg. 43 min. East, 3490.8 feet to an iron pin in the South right of ,ray line of State Highway 455; THENCE South 55 deg. 20 min. West, 243.0 feet along the South right of way line of State Highway 455; THENCE South 45 deg. 03 min. West,1693.4 feet along said Highway to point of curve to the right with delta 23 deg.10 min., radius 1474.86 feet, tangent 302.29 feet; THENCE along with said curve of said Highway, 596.34 feet; THENCE South 68 deg. 13 min. West,1003. 2 feet along said Highway; road; THENCE South 08 deg. 07 min. West, 97.0 feet; THENCE South 88 deg. 41 min. East, 737.9 feet; THENCE South 2640.1 feet to an iron pin in the North right of way line of Million Road; THENCE South 88 deg. 34 min. East, 992.6 feet along the North right of way line of said THENCE North 24.9 feet; THENCE South 89 deg. 36 min. East, 50.3 feet; THENCE South 26.1 feet; THENCE South 88 deg. 34 min. East, 26.5 feet; THENCE North 01 deg. 37 min. East, 689.9 feet along the most Westerly West line of the Sanger Cemetery; THENCE South 88 deg 34. min. East, 221.7 feet along the North line of the Sanger Cemetery; THENCE North 01 deg. 37 min. East, 655.2 feet along the West line of the Sanger Cemetery; THENCE South 88 deg. 40 min. East, 667.3 feet along the most Northerly North line of the Sanger Cemetery to the place of beginning. SAVE AND EXCEPT 23.440 acres conveyed to Sanger, Texas Independent School District on or about March 12,1986, which 23.440 acres are described as follows: All that certain tract or parcel of land situated in the R. Bebee Survey, Abstract No. 29 Denton County, Texas, and being part of a tract shown by deed to Donald E. Sable recorded in Volume 663, Page 278, Deed Records of Denton County, Texas, and being more fully described as follows: BEGINNING at an iron pin at the existing Northeast corner of said Sable tract, said iron pin being in the southeast right-of-way of F-M road no. 455, said iron pin also being the existing Northwest corner of a tract shown by deed to Edward E. Lane recorded in Volumbe 448, Page 303, Deed Records: THENCE South 01' 43' 00" West with a fence and with the east line of said Sable tract, and with the west line of said Lane tract a distance of 1963.41 feet to a iron pin set for corner: THENCE North 44' 54' 09" West a distance of 1392.19 feet to an iron pin set in the southeast right-of-way of said F-M road: THENCE North 45' 05' 51" East with said right-of-way a distance of 1188.99 feet to an iron 5054 00 pin set at the beginning of a curve to the right having a radius of 671.16 feet: THENCE Northeasterly with said right-of-way and with said curve having a central angle of 20' 46' 20" chord of North 55' 29' 01" East 241.99 feet and an are distance of 243.32 feet to the point -of-beginning and containing in all 23.440 acres of land; AND (STEPHENS) All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, out of the REUBEN BEBEE SURVEY, Abstract No. 29, and being part of tracts described in deed from P. C. Dean et al to W. F. Guyer, as shown in Volume 332, Page 552, of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING 25.0 feet east of the intersection of the north boundary line of said Guyer tract and east boundary line of the Gulf Colorado & Sante Fe Railroad right-of-way; THENCE South 55 degrees 03 minutes east 2685.0 feet to an iron stake for corner in the northerly boundary of the Pilot Point -Sanger Highway; THENCE North 44 degrees and 00 minutes east with said road 1297.0 feet to a corner; THENCE North 51 degrees 30 minutes east 345.0 feet to a corner; THENCE North 81 degrees 30 minutes east 297.0 feet to a corner, said corner being the intersection of the north boundary line of said Sanger -Pilot Point Highway and the West boundary line of a public road; THENCE North 1 degree 40 minutes east with the west boundary line of said public road 344.0 feet to a corner, said corner being the north east corner of said Guyer tract; THENCE West with fence and the north boundary line of said Guyer tract 3683.0 feet to the Place of beginning, containing 66.50 acres of land as shown in the deed dated July 29, 1967 from John Paul Morgan and wife to W. H. Madewell and wife, Hattie M. Madewell; AND All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, out of the REUBEN BEBEE SURVEY, Abstract No. 29, and being a part of the tracts described in deed from P. C. Dean et al to W. F. Guyer, as shown in Volume 332, Page 552, Deed Records of Denton county, Texas, and more particularly described as follows: BEGINNING at the intersection of the east boundary line of the Gulf Colorado & Sante Fe Railroad right-of-way with the north boundary line of the Sanger -Pilot Point Highway; THENCE North 70 degrees 30 minutes east with the northerly boundary line of said road 1000.00 feet to an iron stake for corner; THENCE North 21 degrees 20 minutes West 348.4 feet to a corner; 5054 00253 THENCE North 68 degrees 40 minutes east 250.0 feet to an iron stake for corner; THENCE South 21 degrees 20 minutes east 348.4 feet to an iron state for corner in the north boundary line of the Pilot Point -Sanger Road; THENCE North 68 degrees 40 minutes east with the northerly boundary line of said road 265.0 feet to an iron stake for corner; THENCE North 60 degrees 45 minutes east with said road 125.0 feet to a corner; THENCE North 53 degrees 30 minutes east with the northerly boundary line of said road 139.0 feet to a corner; THENCE North 48 degrees 20 minutes east with said road 136.0 feet a corner; THENCE North 44 degrees 0 minutes east with said road 400.00 feet to an iron stake for corner; THENCE North 55 degrees 03 minutes west 2685.0 feet to a stake for corner in the north boundary line of said Guyer tract; THENCE West with the north boundary line of said Guyer tract 25.0 feet to the intersection of the North boundary line of said tract with the east boundary line of said railroad right-of-way; THENCE South 4 degrees 41 minutes east with said railroad right-of-way 2592.0 feet to the place of beginning containing 66.50 acres of land as shown in deed dated July 19, 1967 from Norman Kenneth Cook and wife, Anna Sue Cook to W. H. Madewell and wife, Hattie M. Madewell. SAVE AND EXCEPT a three acre tract heretofore conveyed by Deed from Norman K. Cook and wife, Anna Sue Cook to R. L. Massey Gin Company, shown of record in Volume 482, Page 75, of the Denton County, Deed Records, said three acre tract being the First Tract described as follows: All that certain tract or parcel of land situates in the Town of Sanger, Denton County, Texas, in the Reuben Bebee Survey, Abstract No. 29, being part of a 66.5 acres shown as Tract No.1 in a deed from P. C. Dean to W.P. Guyer on December 20,1946, recorded in volume 332, page 5.52, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of said First tract and the north right of way of F-M Road 455 at the southwest corner of a 2 acre tract owned by Norman Cook, said beginning point being north 70 degrees 30 minutes east, 1000.0 feet and north 68 degrees 40 minutes east, 250.0 feet along said right of way from the intersection of said right of way with the east right of way of the GC&SF Railway; THENCE North 21 degrees 20 minutes west with the east line of said 2 acres 348.4 feet to the northeast corner thereof, 5M 0025 THENCE North 69 degrees 40 minutes east, 377.6 feet to a corner; THENCE South 21 degrees 20 minutes east, 332.8 feet to a corner in the north right of way of said F-M Road 455; THE, South 60 degrees 45 minutes west with said right of way 112.6 feet to an angle therein; THENCE South 68 degrees 40 minutes west with said right of way 265.0 feet to the place of beginning, containing 3.00 acres of land; AND ONE MILE WEST ON F.M. 455 R.O.W.; ONE MILE EAST ON F.M. 455 R.O.W.; AND ONE MILE NORTH ON IH-35 R.O.W. 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 17th day of December, 2001. .,'`""'io,ncaid, Mayor r { Ii '. ,9., r... Rosalie Chavez, City S etary'' 4 •34t r., a ANY PROVISION HEfiE1NWHIEj 9"6'r j- gYla goo,MENYAL,ORUSE OF THE DESCRIBED REAL RRO� jtY[fr,DAl lq 0 yOLOA OR RACE IS INVALIDAND UNENFORCEABLE UNIOkHi EO, lr1(_Lf� THESTATEOFTEXAS l COUNTYOFDENTON I herdby certl fleaI this instrumEgt wqg P14EP,Ih,ko rd4 Nuniber sequence on he date and tics &re slar6P9d heroon by niy; and Wag duly RECORDED, in the Official Public Reeords of Real Pronprty of Daminm Gaunly, l axas on R" ! A UOJ\\p\ DenfopcoG� COUNTY CLERK F i TIDENTON COUNTY, TEXA6 ** DENN C��JNTYco�fX CYNTHIA MITCHLL, COUNTY CLERK On Apr 01 2002 At 8:18am Receipt #: 17665 Recording : 13.00 Doc/Mgmt : 6.00 Doc/Num : 2002-R0039380 Doc/Type j OR Deputy-Cristina EXMIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN (Sable) Being an undivided one-third (1/3rd) interest in 134.634 acres, more or less, in Denton County, Texas described as follows: 158.074 acres of land, more or less, out of the R. Beebe Survey, Abstract No. 291225 in Denton County, Texas, more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of the Sanger Cemetery by Deed dated February 28,1962, recorded in Volume 479, page 283 of Denton County Deed Records; THENCE North 01 de. 43 min. East, 3490.8 feet to an iron pin in the South right of way line of State Highway 455; THENCE South 55 deg. 20 min. West, 243.0 feet along the South right of way line of State Highway 455; THENCE South 45 deg. 03 min. West,1693.4 feet along said Highway to point of curve to the right with delta 23 deg.10 min., radius 1474.86 feet, tangent 302.29 feet; THENCE along with said curve of said Highway, 596.34 feet; THENCE South 68 deg.13 min. West, 1003.2 feet along said Highway; THENCE South 08 deg. 07 min. West, 97.0 feet THENCE 88 deg. 41 min. East, 737.9 feet; THENCE South 2640.1 feet to an iron pin in the North right of way line of Million Road; THENCE South 88 deg. 34 min. East, 992.6 feet along the North right of way line of said road; THENCE North 24.9 feet; THENCE South 89 deg. 36 min. East, 50.3 feet; THENCE South 26.1 feet; THENCE South 88 deg. 34 min. East 26.5 feet; THENCE North 01 deg. 37 min. East, 689.9 feet along the most Westerly West line of the Sanger Cemetery; THENCE South 88 deg 34. min. East, 221.7 feet along the North line of the Sanger Cemetery; THENCE North 01 deg. 37 min. East, 655.2 feet along the West line of the Sanger Cemetery; THENCE South 88 deg. 40 min. East, 667.3 feet along the most Northerly North line of the Sanger Cemetery to the place of beginning. SAVE AND EXCEPT 23.440 acres conveyed to Sanger, Texas Independent School District on or about March 12,1986, which 23.440 acres are described as follows; All that certain tract or parcel of land situated in the R. Bebee Survey, Abstract No. 29 Denton County, Texas, and being part of a tract shown by deed to Donald E. Sable recorded in Volume 663, Page 278, Deed Records of Denton County, Texas, and being more fully described as follows: BEGINNING at an iron pin at the existing Northeast corner of said Sable tract, said iron pin being in the southeast right-of-way of F-M road no. 455, said iron pin also being the existing Northwest corner of a tract shown by deed to Edward E. Lane recorded in Volumbe 448, Page 303, Deed Records: THENCE South 01 ° 43' 00" West with a fence and with the east line of said Sable tract, and with the west line of said Lane tract a distance of 1963.41 feet to a iron pin set for corner: THENCE North 44' 54' 09" West a distance of 1392.19 feet to an iron pin set in the southeast right-of-way of said F-M road: THENCE North 45° 0515111 East with said right-of-way a distance of 1188.99 feet to an iron pin set at the beginning of a curve to the right having a radius of 671.16 feet: THENCE Northeasterly with said right-of-way and with said curve having a central angle of 20' 46' 20" chord of North 55' 29' 01" East 241.99 feet and an arc distance of 243.32 feet to the point -of-beginning and containing in all 23.440 acres of land; AND (STEPHENS) All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, out of the RUEBEN BEBEE SURVEY, Abstract No. 29, and being part of tracts described in deed from P. C. Dean et aI to W. F. Guyer, as shown in Volume 332, of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING 25.0 feet east of the intersection of the north boundary line of said Guyer tract and east boundary line of the Gulf Colorado Sante Fe Railroad right-of-way; THENCE South 55 degrees 03 minutes east 2685.0 feet to an iron stake for corner in the northerly boundary of the Pilot Point -Sanger Highway; THENCE North 44 degrees and 00 minutes east with said road 1297.0 feet to a corner; THENCE North 51 degrees 30 minutes east 345.0 feet to a corner; THENCE North 81 degrees 30 minutes east 297.0 feet to a corner, said corner being the intersection of the north boundary line of said Sanger -Pilot Point Highway and the West boundary line of a public road; THENCE North 1 degree 40 minutes east with the west boundary line of said public road 344.0 feet to a corner, said corner, being the north east corner of said Guyer tract; THENCE West with fence and the north boundary line of said Guyer tract 3683.0 feet to the Place of beginning, containing 66.50 acres of land as shown in the deed dated July 29, 1967 from John Paul Morgan and wife to W. H. Madewell and wife, HattieM. Madewell; AND All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, out of the REEBEN BEBEE SURVEY, Abstract No. 29, and being a part of the BEGINNING at the intersection of the east boundary line of the Gulf Colorado & Saute Fe Railroad right-of-way with the north boundary line of the Sanger -Pilot Point Highway; THENCE North 70 degrees 30 minutes east with the northerly boundary line of said road 1000.00 feet to an iron stake for corner; THENCE North 21 degrees 20 minutes West 348.4 feet to a corner; THENCE North 68 degrees 40 minutes east 250.0 feet to an iron stake for corner; THENCE South 21 degrees 20 minutes east J48.4 feet to an iron state for corner in the north boundary line of the Pilot Point -Sanger Road; THENCE North 68 degrees 40 minutes east with the northerly boundary line of said road 265.0 feet to an iron stake for corner; THENCE North 60 degrees 45 minutes east with said road 125.0 feet to a corner; THENCE North 53 degrees 30 minutes east with the northerly boundary line of said road 139.0 feet to a corner; THENCE 48 degrees 20 minutes east with said road 136.0 feet a corner; THENCE 44 degrees 0 minutes east with said road 400.00 feet to an iron stake for corner; THENCE North 55 degrees 03 minutes west 2685.0 feet to a stake for corner in the north boundary line of said Guyer tract; THENCE West with the north boundary line of said Guyer tract 25.0 feet to the intersection of the North boundary line of said tract with the east boundary line of said railroad right-of-way; THENCE South 4 degrees 41 minutes east with said railroad right-of-way 2592.0 feet to the place of beginning containing 66.50 acres of land as shown in deed dated July 19,1967 from Norman Kenneth Cook and wife, Anna Sue Cook to W. H. Madewell and wife, Hattie M. Madewell. SAVE AND EXCEPT a three acre tract heretofore conveyed by Deed from Norman K. Cook and wife, Anna Sue Cook to R. L. Massey Gin Company, shown said three acre tract being the First Tract described as follows: All that certain tract or parcel of land situates in the Town of Sanger, Denton County, Texas, in the Reuben Bebee Survey, Abstract No. 29, being part of a 66.5 acres shown as Tract No.1 in a deed from P. C. Dean to W.P. Guyer on December 20,1946, recorded in volume 332, page 552, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of said First tract and the north right of way of F-M Road 455 at the southwest corner of a 2 acre tract owned by Norman Cook, said beginning point being north 70 degrees 30 minutes east,1000.0 feet and north 68 degrees 40 minutes east, 250.0 feet along said right of way from the intersection of said right of way with the east right of way of the GC&SF Railway; THENCE North 21 degrees 20 minuted west with the east line of said 2 acres 348.4 feet to the northeast corner thereof; THENCE North 69 degrees 40 minutes east, 377.6 feet to a corner; THENCE South'21 degrees 20 minutes east, 332.8 feet to a corner in the north right of way of said F-M Road 455; THENCE South 60 degrees 45 minutes west with said right of way 112.6 feet to an angle therein; THENCE South 68 degrees 40 minutes west with said right of way 265.0 feet to the place of beginning, containing 3.00 acres of land; AND ONE MILE WEST ON F.M. 455 R.O.W.; ONE MILE EAST ON F.M. 455 R.O.W.; AND ONE MILE. NORTH ON IH-35 R.O.W. 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. r 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. MOM OM 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.