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12-36-02-Ordinance-Annexing 6.158 Acres in H Tierwester Survey-12/02/2002`J260 04427 013928 City of Sanger, Texas ORDINANCE NO. 12-36-02 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. ABSTRACT 1241, PART OF TRACT 46, BEING 6.158 ACRES (PART OF A 10 ACRE TRACT) JIM MCNATT CHEVROLET ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT NUMBER 1241, PARTIALLY IN THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING ALL OF THE CALLED 10.420 ACRE TRACT DESCRIBED IN THE DEED FORM DORWIN LEE SARGENT ET.UX. TO W.E. HIL,Z EYAL, RECORDED IN VOLUME 1505 PAGE 187 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AS �60 04426 RECOGNIZED AND OCCUPIED ON THE GROUND; THE SUBJECT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A I/2" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 10.420 ACRE TRACT; THENCE NORTH 00 DEGREES 34 MINUTES 09 SECONDS WEST WITH THE WEST LINE THEREOF, GENERALLY ALONG A FENCE A DISTANCE OF 361.69 FEET TO A3/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 10.420 ACRE TRACT, SAME BEING THE SOUTHWEST CORNER OF THE CALLED 2.50 ACRE TRACT DESCRIBED IN THE DEED TO TIMOTHY MARK PIATT RECORDED IN VOLUME 1594 PAGE 778 REAL THENCE NORTH 89 DEGREES 30 MINUTES 13 SECONDS EAST WITH THE NORTH LIME OF SAID 10.420 ACRES, GENERALLY ALONG A FENCE A DISTANCE OF 1233.82 FEET TO A PIPE FENCE CORNER POST FOR THE NORTHEAST CORNER OF SAID 10.420 ACRE TRACT IN THE WEST LINE OF INTERSTATE HIGHWAY 35; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST WITH SAID WEST LINE AND THE EAST LINE OF SAID 10.420 ACRE TRACT A DISTANCE OF 373.92 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 10.420 ACRES AND THE NORTHEAST CORNER OF A CALLED 30.9514 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM C. STEARMAN, JR. RECORDED IN VOLUME 1566 PAGE 321 REAL PROPERTY RECORDS; THENCE NORTH 89 DEGREES 55 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF SAID 10.420 ACRES AND THE NORTH LINE OF SAID 30.9514 ACRES, GENERALLY ALONG A FENCE A DISTANCE OF 1232.01 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 10.410 ACRES OF LAND, MORE OR LESS. ABSTRACT 29, TRACT 62, BEING 25.23 ACRES ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: TRACT OR PARCEL OF LAND SITUATED IN THE REUBEN BEBEE SURVEY, ABSTRACT 29, DENTON COUNTY, TEXAS, BEING OFF THE WEST END OF A CERTAIN 150 ACRE TRACT DEEDED BY DALLAS JOINT STOCK LAND BANK TO A. R. HASSENPFLUG ON JANUARY 4, 1940, RECORDED IN VOL. 279, PAGE 443, DEED RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2-INCH IRON PIPE AT A FENCE CORNER AT THE NORTHWEST CORNER OF SAID 150 ACRE TRACT; THENCE NORTH 89 14' EAST WITH A FENCE ON THE NORTH LINE OF SAID TRACT 5260 04429 445.73 FEET TO A 2-INCH IRON PIPE; THENCE SOUTH 01 T WEST ACROSS SAID TRACT 2469.03 FEET TO A 2-INCH IRON PIPE IN A FENCE ON THE NORTH LINE OF A PUBLIC ROAD; THENCE SOUTH 89 59' WEST WITH SAID ROAD LINE 445.65 FEET TO A 2-INCH IRON PIPE AT A FENCE CORNER OF THE WEST LINE OF SAID 150 ACRE TRACT; THENCE NORTH 0 17EAST WITH A FENCE ON SAID WEST LINE 2463.2 FEET TO THE PLACE OF BEGINNING, CONTAINING IN ALL 25.230 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 2nd day of December, 2002. APPROVED: Tommy Kinc id, Mayor ATTEST• Rosalie Chavez, City etary �' oAA ��/ •� 4 c ANY PROVISION HERr'N V,V r'I RF ,TRIfTS THE SALE, RENTAL, OR USE OF. DESCRIBED (:�F?fk1Y,r'd_4vS�L6Pi OR RACE IS INVALID AND UNENFORCEABLE UND R THESTATEOFTEXAS l COUNTY OF DENTON r I hereby certi{ty�ethat this mstrumenl was FILED in the File Number sequence on Official Public Reoords of Rame eal Propertyoed hereon fD Denton County,Tas e as on RECORDED. in the JAN 2, 8 2003 0� Wtoq �s C�� 1 cs c COUNTY CLERK OENTON COUNTY, TEXPB * k d CYNTHc86ACON in: MITCHLLL, IACOUNTY CLERK On Jan 28 2003 At 3:27pm Receipt #: 5724 Recording : 9.00 Doc/Mgmt : 6.00 Doc/Num : 2003-R0013928 Doc/Type • OR Deputy -Jennifer EXHIBIT 44A$$ City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED ABSTRACT 1241, PART OF TRACT 46, BEING 6.158 ACRES (PART OF A 10 ACRE TRACT) JIM MCNATT CUE' VROLET ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT NUMBER 1241, PARTIALLY IN THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING ALL OF THE CALLED 10.420 ACRE TRACT DESCRIBED IN THE DEED FORM DORWIN LEE SARGENT ET.UX. TO W.E. HILZ ET.AL. RECORDED IN VOLUME 1505 PAGE 187 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AS RECOGNIZED AND OCCUPIED ON THE GROUND; THE SUBJECT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A %" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 10.420 ACRE TRACT; THENCE NORTH 00 DEGREES 34 MINUTES 09 SECONDS WEST WITH THE WEST LINE THEREOF, GENERALLY ALONG A FENCE A DISTANCE OF 361.69 FEET TO A3/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 10.420 ACRE TRACT, SAME BEING THE SOUTHWEST CORNER OF THE CALLED 2.50 ACRE TRACT DESCRIBED IN THE DEED TO TIMOTHY MARK PIATT RECORDED IN VOLUME 1594 PAGE 778 REAL PROPERTY RECORDS; THENCE NORTH 89 DEGREES 30 MINUTES 13 SECONDS EAST WITH THE NORTH LIME OF SAID 10.420 ACRES, GENERALLY ALONG A FENCE A DISTANCE OF 1233.82 FEET TO A PIPE FENCE CORNER POST FOR THE NORTHEAST CORNER OF SAID 10.420 ACRE TRACT IN THE WEST LINE OF INTERSTATE HIGHWAY 35; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST WITH SAID WEST LINE AND THE EAST LINE OF SAID 10.420 ACRE TRACT A DISTANCE OF 373.92 FEET TO A %" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 10.420 ACRES AND THE NORTHEAST CORNER OF A CALLED 30.9514 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM C. STEARMAN, JR RECORDED IN VOLUME 1566 PAGE 321 REAL PROPERTY RECORDS; THENCE NORTH 89 DEGREES 55 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF SAID 10.420 ACRES AND THE NORTH LINE OF SAID 30.9514 ACRES, GENERALLY ALONG A FENCE A DISTANCE OF 1232.01 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 10.410 ACRES OF LAND, MORE OR LESS. ABSTRACT 29, TRACT 62, BEING 25.23 ACRES ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: TRACT OR PARCEL OF LAND SITUATED IN THE REUBEN BEBEE SURVEY, ABSTRACT 29, DENTON COUNTY, TEXAS, BEING OFF THE WEST END OF A CERTAIN 150 ACRE TRACT DEEDED BY DALLAS JOINT STOCK LAND BANK TO A. R. HASSENPFLUG ON JANUARY 4,1940, RECORDED IN VOL. 279, PAGE 443, DEED RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2-INCH IRON PIPE AT A FENCE CORNER AT THE NORTHWEST CORNER OF SAID 150 ACRE TRACT; THENCE NORTH 8914' EAST WITH A FENCE ON THE NORTH LINE OF SAID TRACT 445.73 FEET TO A 2-INCH IRON PIPE; THENCE SOUTH 0 17'WEST ACROSS SAID TRACT 2469.03 FEET TO A 2-INCH IRON PIPE IN A FENCE ON THE NORTH LINE OF A PUBLIC ROAD; THENCE SOUTH 89 59' WEST WITH SAID ROAD LINE 445.65 FEET TO A 2-INCH IRON PIPE AT A FENCE CORNER OF THE WEST LINE OF SAID 150 ACRE TRACT; THENCE NORTH 0 IT EAST WITH A FENCE ON SAID WEST LINE 2463.2 FEET TO THE PLACE OF BEGINNING, CONTAINING IN ALL 25.230 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. 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.