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03-12-03-Ordinance-Annexing approximately 109 acres of property-03/17/20035300 00156 City of Sanger, Texas 045186 ORDINANCE NO.03-12-03 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 LIlVIITS, 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 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, TRACT 43, BEING 2.5 ACRES (Exhibit B), AND ABSTRACT 29, TRACT 57, BEING 25.230 ACRES (Exhibit C), AND ABSTRACT 29, TRACT 58 & 59, BEING 49.419 ACRES (Exhibit C), AND ABSTRACT 12419 TRACT 37, BEING 32.8617 ACRES (Exhibit D) g300 00157 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 March, 2003 APPROVED: Tommy Ki aid, Mayor ATTES . GiX Rosalie Chavez, City Secretary APPROVED AS TO FORM: r Ci Attorney EXHIBIT B Being all that certain tract of land situated in the Henry Tierwester Survey, Abstract Number 1241, Denton County, Texas and being all of a called 2.500 acre tract of land described in the deed to Hudson Reeves Williams, et ux, recorded in Volume 2755, Page 517, Deed Records Denton County, Texas and being more particularly described as follows: Beginning at a PK Nail found for the Northwest corner of the tract being described herein and the Northwest corner of said 2.500 acre tract in or near the centerline of a road under apparent public use posted as Beltz Road; Thence North 69 Degrees 38 Minutes 17 seconds East with said road a distance of 166.33 feet to a PK Nail found for the Northeast corner of the tract being described herein, same being the Northwest corner of a called 2.5o acre tract of land described in the Deed to H.R. Williams, et ux recorded under, County Clerks File No. 95-R0062894 of the Deed Records, Denton County, Texas; Thence South 00 Degrees 30 Minutes 55 Seconds East, Vith the West line therof passing a 1/2 inch iron rod found at 26.6 feet and continuing along said course a total distance of 655.63 feet to a 1/2 inch iron rod set for the Southeast corner of the herein described tract; Thence South 89 Degrees 35 Minutes 36 Seconds West with the South line thereof a distance of 166.13 feet to a 1/2 inch iron rod set for the Southwest corner of the herein described tract; Thence North 00 Degrees 31 minutes 58 seconds West with the West line thereof a distance of 655.76 feet to the PLACE OF BEGINNING enclosing 2.5o acres of land more or less. EXHIBIT C 1 0 0,0159 FIELD NOTES to all that certain lot, tract or parcel of land situated in the REUBEN BEBEE Survey, Abstract Number 29, in Denton County, Texas and being all of a called 25.230 acre tract of land described in the deed from the Veterans Land Board to E. Vern Lane, recorded in Volume 3021, Page 574 of the Real Property Records of Denton County, Texas, and all of a called 25.459 acre tract described as First Tract, and a called 25.467 acre Second Tract in the deed from A. R. Hassenpflug and wife LaDelle Hassenpflug to E. Vern Lane and wife Geneva L. Lane, recorded in Volume 596, page 406 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING at a 2-inch iron pipe found for the Northeast corner of the herein described tract, in the West line of a called 205.75 acre tract described in the deed as Tract Three from Edward E. Lane and wife Mary Jane Lane to E.M.J. Lane Inc., recorded in Volume 2055, Page 585 of the Real Property Records of Denton County, Texas, also being the Northeast corner of said 25.230 acre tract; THENCE South 00 Degrees 17 Minutes 00 Second West along or near a fence with the West line of said 205.75 acre tract and the East line of said 25.230 acre tract a distance of 2,501.43 feet to a 2-inch iron pipe found for corner in the North- line of an asphalt road under apparent public use posted as McReynolds Road, same being the Southeast comer of said 25.230 acre tract; THENCE South 89 Degrees 59 Minutes 00 Second West with the South line of said 25.230 acre tract and the North line of said Road along or near a fence a distance of 441.28 feet to a 1/2-inch capped iron rod set for corner, some being in the East line of said 25.459 acre First Tract; THENCE South 00 Degree 17 Minutes 00 Second West with the East line of said 25.459 aere tract a distance of 17.36 feet to a point for corner in or near the centerline of said Road, some being the Southeast corner of said 25.459 acre First Tract; THENCF! North 89 Degrees 37 Minutes 54 Seconds West with the South line of said 25.459 acre tract in or near the centerline of said road passing at a distance of 439.69 feet the Southwest corner of said 25.459 acre tract and the Southeast corner of a called 25.467 acre Second Tract continuing on said course with the South line of said 25.467 acre tract a total distance of 881.98 feet to point for corner, some being the Southwest corner of said 25.467 acre tract and the Southeast corner of a called 25.477 acre tract described as Tract One in the deed from Edward E. Lane and wife Mary Jane Lane to E.M.J. Lane Inc. recorded in Volume 2055, Page 585 of the Real Property Records of Denton County, Texas; THENCE North 00 Degrees 14 Minutes 27 Seconds East with the East line of said 25.477 acre tract and the West line of said 25.467 acre tract passing a 2" pipe found at 18.9 feet and continuing on said course along or near a fence 6 distance of 2,504.45 feet to a 2-inch iron pipe found for corner, some being the Northeast corner of said 25.477 acre tract and the Northwest corner of said 25.467 acre tract in the South line of a called Tract Two. described in the deed Edward E, Lane and wife Mary Jane Lane to E.M.J. Lane Inc., recorded in Volume 2055, Page 585 of the Real Property Records, THENCE North 89 Degrees 37 Minutes 08 Seconds East with the South line of said Tract Two and the North line of said 25.477 acre tract along or near a fence a distance of 442.45 feet to 2-inch iron pipe found for corner, some being the Northwest comer of said 25.459 acre tract and the Northeast corner of said 25.467 acre tract; THENCE North 89 Degrees 51 Minutes 36 Seconds East with the North line of said 25.467 acre tract along or near a fence a distance of 441.43 feet to a 2-inch iron pipe found for corner some being the Northeast comer of said 25.4-59 acre tract and the Northwest corner of said 25.230 acre tract; THENCE North 89 Degrees 22 Minutes 54 Seconds East with the North line of said 25.230 acre tract along or near a fence a distance of 441.33 feet to the PLACE OF BEGINNING and enclosing 76.19 acres of land more or less. EXHIBIT D 5300 010 16 0 TRAC? TWO: BEING all that certain tract or parcel of land lying and being situated in the H. Tierwester Survey, A-1241, Denton County, Texaa, being Cart of a (called) 100.889 acre tract de- scribed in a Deed from J.E. Allen to J.E. Allen Enterorisea, CO., Inc. on December 31, 1968, and recorded in Volume $77, Page 260, Deed Records, Denton County, Texas, and being more particularly described as follows! COMMENCING at a steel pin in the middle of Belz Road at the Northeae-t corner of the above mentioned lU 0.889 acre tract which is the Northwest corner of Tract One described in a Deed from Thomas M. Moore, Independent Executor of the Estate of Major Moore, Deceased, to 'Thomas Carroll Moore and Nell Rita Moore on July 21, 1981, recorded in Volume 1090, Page 785, Deed Records, Denton County, Texas; ' THENCE North 69 degrees 31 minutes West with the North boundary line of said 100.889 acre tract In the middle of Belz Road, a distance of 689.33 feet to the Point of beginning; THENCE South 00 degree 06 minutes 34 seconds Eantr a distance of 1764.09 feet to a steel oin on the North boundary line of a tract described in a Deed from T.D. Wylie to Rut-0 P. Marshall recorded in Volume 609, Dahe 247, Deed Records, Denton County, Texas; THENCE North 89 degrees 53 minutes 50 seconds Went with the North boundary line of said Marshall tract, a distance of 821.82 feet; to a steel oin; THEMCE.North 00 degree 06 minutes 34 seconds West, a distance off a 1769.55 test to steel Pin in the middle of Belz Road on the _.. South boundary line of a tract described l^n aDeed from 1981n rye-� Porter to John W. Porter Auto Sales, corded in Volume 1092, Page 991, Deed Records, Denton County,j Texas; TI:ENCE South 89 degrees 31 minutes East With the North boundary! line of said 100,889 acre tract and South boundary line of said Porter tract in the middle of Selz Road, a distance 33. f 821-66 feet to the Place of beginning, containing in all of land. 03/14/2003 15:58 3404584180 CITE OF S44GER PAGE 04 EXHT.BIT "A" City oI $anger, T�xax ANNEXATION SERVICE PLAN AREA TO BE ANNEXED ABSTRACT 1241, TRACT 43, BEING 2.5 ACRES (Exhibit B), AND ABSTRACT 29, TRACT 57, BEING 25.230 ACRES (Exhibit C), AND ABSTRACT 29, TRACT 58 & 59, BEING 49.419 ACRES (Exhibit C), AND ABSTRACT 1241, TRACT 37, BEING 32.8617 ACRES (Exhibit D) 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. 03/14/2003 15:58 9404584180 CITY OF ANGER PAGE 05 AINTENAN Ol ROADS AND65TREETS AND DRAINAGE Maintenance of roads and streets and drainage will be provided within (60) days after the effective date of the annexation on the game basis and at the same level as provided throughout the City. GREET LIGHT 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 PAM AM) RECREATION FACJIJTIES 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 mnintained throughout the city. QTJU,j SERVI Fa Other senyiees that may be prpyided by the pit y suFh 4s planning, ePde fore reement, $nimal control, library, parkand 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 subdivisioua regulations and water and sewer "tension 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, cb. 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. UN)WORM LEVEL OF SERVICES MAY NOT BE It MMED Nothing in this plant 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. 03/14/2003 15:58 9404584180 CIT`,1 OF SAH(5ER PAGE 07 �ExN3 This service plan shall be valid for a terns of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexatiou, then this service plan shall no longer be binding upon the city. AT►`i Y Nl)i1 � J ;5 The plan Shall not be amended unless public hearings are held in accordance with V.T.A.C., local Government Code, Section 43.052. 1. Conduct Second Public Hearing on Proposed Annexation of the Following Properties: ABSTRACT 1241, TRACT 439 BEING 2.5 ACRES (MICHAEL GREGORY), AND ABSTRACT 299 TRACT 57, BEING 25.230 ACRES (AL MCNATT), AND ABSTRACT 299 TRACT 58 & 599 BEING 49.419 ACRES (AL MCNATT), AND ABSTRACT 1241, TRACT 37, BEING 32.8617 ACRES Send Notice to inhabitants - January 17 First Public Hearing - February 17 Second Public Hearing - March 3 Adopt Ordinance - April 7