08-27-03-Ordinance-Annexing property approximately 183.82 acres-08/04/2003City of Sanger, Texas
ORDINANCE NO. 08-27-03
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 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 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 725, TRACT 14B, BEING 2.1076 ACRES (EXHIBIT A), AND
ABSTRACT 725, TRACT 14, BEING 111.34 ACRES (EXHIBIT B), AND
ABSTRACT 1241, TRACT 42, BEING 2.50 ACRES (TRACT C), AND
ABSTRACT 1241, TRACT 41, BEING 2.50 ACRES (TRACT D), AND
ABSTRACT 29, TRACT 65, BEING 109.49 ACRES (TRACT E), AND
ABSTRACT 29, TRACT 123, BEING 74.33 ACRES (TRACT F).
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 4Tx day of August 2003.
APPROVED:
Tommy Kincaid, Mayor
ATTES
Rosalie Chavez, City creta
APPROVED AS TO FORM:
City Attorney
Being a tract of land situated in the B.F. Lynch Survey, Abstract Number 725, Denton County,
Texas and being a portion of that tract of land described by deed to Edward F. Wolski, as
recorded in Volume 4519, Page 648, Deed Records, Denton County, Texas as being more
particularly described by metes and bounds as follows:
BEGINNING at a P.K. Nail found at the southeast property corner of said Wolski Tract, said
P.K. Nail is in the centerline of Lois Road at the intersection of the west right-of-way line of the
G.C. & S.F. Railroad;
THENCE N 88e52'48"W, 1926.45 feet along the centerline of Lois Road to a P.K. Nail found in
the cast right-of-way line of Highway 35;
THENCE N 00045'47"E, 29.90 feet along the east right-of-way line of Highway 35 to a 1/2 inch
iron rod found;
THENCE N 30000'07"W, 49.41 feet continuing along said east right-of-way line to a 1/2 inch
iron rod found at the beginning of a curve to the left;
THENCE with said east right-of-way line and with said curve to the left, through a central angle
of 80056'05", having a radius of 336.48 fact, the long chord of which bears N 03°35'59"W,
436.77 feet, an arc distance of475.30 feet to a 1/2 inch iron rod with plastic cap stamped
"ALLIANCE" set;
THENCE N 44004'00" 1V, 59.30 feet along the cast right-of-way line of Highway 35 to a 112 inch
iron rod with plastic cap stamped "ALLIANCE" set;
THENCE S 83038'30"E, 400.00 feet departing said east right -of --way tine to a S18 inch iron rod
with plastic cap stamped "Carter & Burgess" set;
THENCE S 06021'30"1V, 329.90 feet to a 518 inch iron rod with plastic cap stamped "Carter
Burgess" set;
THENCE S 80°31'41"E, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess" set;
THENCE S 88052'48"E, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess" set in the west right-of-way line of the G.C. & S.F. Railroad;
THENCE S 10°21' 15"W, 25.33 feet along said west right-of-way line to the POINTOF
BEGINNING and containing 6.2216 acres of land more or less.
ET B
All that certain tract or parcel of land situated in ,the B. F. Lynch Survey,
Abstract No. 725, Denton County, Texas, and being paYC of a tract of land
described aq Tract One and a part of a tract of land described as Tract Two
in a Deed from J.A. Coffey to North Stemmons Joint Venture recorded in
Volume 2937, Page 419, of the Real Property Records of Denton County,
Texas, and being more particularly described as follows:
Beginning at a 1/2" iron rod found at the Northeast corner of the tract
being described herein at the southeast corner of a called 60.007 acre
tract of land described in the Deed to interstate 35/Chisam Road Limited
Partnership recorded under Clerk's File No. 97-R0051552 of the Real
Property Records of Denton County, Texas, in the East line of said Tract
Two and the West right-of-way line of G.C. & S.F. Railroad from which the
Northeast corner of said Tract Two bears North 10 degrees 21 minutes 02
seconds East, a distance of 894.00 feet;
Thence, South 10 degrees 21 minutes 02 seconds West, with the West
right-of-way of said railroad and along and near a fence, a distance of
6,126.43 feet to a PK nail set for corner at the Southeast corner of said
Tract One, in a road under apparent public use posted as Lois Road and in
the South line of said Lynch Survey;
Thence, North 88 degrees 52 minutes 48 seconds West, with said Lois Road
and said survey line, a distance of 1,926.83 feet to a PK nail set for
corner on the East right-of-way line of interstate Highway Number 35;
Thence, North 01 degrees 07 minutes 33 seconds East, with the East
right-of-way line of said highway, a distance of 30.0 feet to a 1/2" capped
iron rod set for corner;
Thence, North 30 degrees 01 minutes 24 seconds West, with the East
right-of-way line of said highway, a distance of 49.39 feet to a 1/2"
capped iron rod set for corner;
Thence, Northerly, with said right-of-way lne and with a curve to the left
having a central angle of 80 degrees 56 minutes 05 seconds, a radius of
336.48 feet, a chord bearing and distance of North 03 degrees 35 minutes 59
seconds West, 436.76 feet and an arc distance of 475.30 feet to a 1/2'
capped iron rod set for corner at the end of said curve;
Thence, North 44 degrees 04 minutes 00 seconds West, with said right-of-way
line, a distance of 59.30 feet to a 1/2" capped iron rod set for corner at
the beginning of a curve to the right having a radius of 236.48 feet;
Thence, Northwesterly, with said right-of-way line and with said curve
having a central angle of 45 degrees 00 minutes 00 seconds, a chord bearing
and distance of North 21 degrees 34 minutes 00 seconds West, 180.99 feet
and an arc distance of 185.73 feet to a 1/2" capped iron rod set for corner
at the end of said curve;
Thence, North 06 degrees 35 minutes 49 seconds West, with said right-of-way
line, a distance of 152.62 feet to a 1/211 capped 'iron rod set for corner;
Thence, North 00 degrees 56 minutes 00 seconds East, with said right-of-way
line, a distance of 3,097.87 feet to a 1/2" capped iron rod set for corner;
Thence, North 11 degrees 21 minutes 06 seconds East, with said right-of-way
line, a distance of 105.42 feet to a 1/2" capped iron rod set for corner at
the beginning of a curve to the right, having a radius of 236.60 feet;
Thence, Northeasterly, with said right-of-way line and with said curve
having a central angle of 45 degrees 50 minutes 00 seconds, a chord bearing
and distance of North 24 degrees 04 minutes 29 seconds East, 164.26 feet
and an arc distance of 189.27 feet to a 1/2" capped iron rod set for corner
at the end of said curve;
i
Thence, North 46 degrees 59 minutes 29 seconds East, with said right-of-way
line, a distance of 52.80 feet to a 1/2" capped iron rod set for corner at
the beginning of a curve to the left, having a radius of 336.90 feet;
Thence, Northerly, with said right-of-way line and with said curve having a
central angle of 90 degrees 00 minutes 00 seconds, a chord bearing and
distance of North 01 degrees 59 minutes 29 seconds East, 476.45 feet and an
arc distance of 529,-20 feet to a 1/2" capped iron rod set for corner at the
end of said curve;
Thence, North 43 degrees 00 minutes 31 seconds West, with said right-of-way
line, a distance of 41.70 feet to a 1/2" capped iron rod set for corner at
the beginning of a curve to the right having a radius of 236.00 feet;
Thence, Northwesterly, with said right-of-way line and with said curve,
having a central angle of 49 degrees 13 minutes 00 seconds, a chord bearing
and distance of North 18 degrees 24 minutes 01 seconds West, 196.55 feet
and an arc distance of 202.72 feet to a 1/2" capped iron rod set for corner
at the end of said curve;
Thence, North 00 degrees 43 minutes 05 seconds West, with said right-of-way
line, a distance of 213.79 feet to a 1/2" capped iron rod set for corner;
Thence, North 05 degrees 59 minutes 00 seconds East, with said right-of-way
line, a distance of 444.0 feet to a 1/2" capped iron rod set for corner at
the beginning of a curve to the left having a radius of 11,609.16 feett
Thence, Northerly, with said right-of-way line and with said curve havng a
central angle of 02 degrees 09 minutes 51 seconds, a chord bearing and
distance of North 04 degrees 54 minutes 05 seconds West, 438.45 feet and an
arc distance of 438.48 feet to a 1/2" capped iron rod set for corner at the
Southwest corner of said 60.007 acre tract;
Thence, South 88 degrees 37 minutes 04 seconds East, a distance of 3,007.44
feet to the Point of Beginning and containing in all 356.77 acres of land
more or less.
C
All that certain tract or parcel of land situated in the Henry
Tierwestar Survey, Abstract 1241, Denton County, Texas, Being'
Part of a tract deeded by Thomas Carroll Moore, atal., to Dorxin
Lee Sargent, etal, on the 26 th dated of May, 1983, Recorded in
Volume 1220, Page 793, Dead Records of Said County, and being mote
fully described as follower
Commanding at the Northwest corner of said Sargent tract eG an
,iron pin in Bala Roadt
Thence North 89 Degrees 34 minutes 58 seconds Bast with the
.middle of Belz road a distance of 166.068 feet to the point of
Beginning:
Thence North 89 degrees 34 minutes 58 seconds East a distance of
166.068 feet to an iron pin:
Thence South 00 degrees 30 minutes 56 seconds Bast a distance of
655.758 feet to an iron pin: ,,
Thence South 69 degrees 34 minutes 58 seconds Nest a dietanco of
166.M feet to an iron pint
Thence North 00 degrees 30 minutes 56 seconds Hest a dietanpa of '
655,758 feet to the point of beginning and containing 2.50 acre
of land.
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E-XiHAM E
TRACT 'rWO: BEING all f,hat certain parcel or tract of land
situated to Denton County, Texas, and being out of the Reuben
Beo.+e Survey, .abstract 29, and being the North end of a 297-1/4
acre tract of Land as allotted to ,1. M. Perry and wife Annie
r❑rry, by Commissioners of Partition in the p-!�r.='_~ton of the
Estate cf Jacob E. elsasner, da:eased by the Cour.y Court of
Denton County, Texas, at the ;anuar7 Term, 1919 ther?of, which
said 297-1/4 acre tract is out of a 300-acne tract of land
conveyed to Jacob F. Elsasser by Tilfor,! dean and wife on the 8th
day if June, 1805;
:)G.Ii LC/H is+(i at an iron stake in the West boundary line of said 300
acre tract, and in the East boundary line of the Proctor H.
Ruling 1280 acre tract of land out of said 3eboe Survey, said
iron stake being the Northwest corner of a 150 acre tract
ocaveyed to N. J. Gadberry:
THENCE North with the Weat boundary line of said 300 acre tract,
and the East boundary line of said 1200 acre tract, 89B varas,
the Northwest corner of said 300 acre tract in center of the
upper Sanger and Pilot Point Public Road, being also the
Northeast corner of said 1280 acre tract and the Southwest corner
of the Almonta Bartlett 400 acre tract out of said survey;
!"HENCE East in center of said road, with the North boundary line
of said 300 acre tract, and the South boundary line of said 400
acre tract, about 941 varas, a stake in center of said road, the
Northwest corner if a 205-3/4 acre tract of land out of said 300
acre tract,, and a 203 acre tract, conveyed by M. B. Huling to
Jacob F. Elsasser, deceased, said 205-3/4 acre tract set apart to
Fred Elsas.sec, Jr, ;,rs. Eva Whitis and Pearl Elaa3sec by said
at the January Term, 1919 of the
Commissioners of. Partition
County court of Denton County, Texas;
THENCE South with the East boundary line of said 205-3/4 acre
tract 898 varas to the Northeast corner of said N. J. Gadberry
150 acre tract, a stake for corner;
THENCE West with the North boundary line of said Gadberry Tract,
941 varas to the place of beginning, containing 147-1/4 acres of�
land, more or leas, being the North part of said 297-3/4 acres
tract as set apart by said Commissioners of Partition to the acid
J. M. Perry and Annie Perry, comprising in all 147.25 acres,
SAVE AND EXCEPT 2.76 acres as shown in right-of-way Geed dated
December 17, 1S52, from John H. Hughes, at al to the State of
for right of way purposes, oses, recorded in Vol. 348, page 536,i
n County, Texas, leaving 144.A9 acres
of the Deed Records bf Dento
of land, more or less; and
SUBJECT to an undivided 1/32nd non -participating term free
royalty interest in all oil, gas, and other minerals reserved in
deed from John H. Hughes, Jr., at al to C. H.32asley#a tDeed`
dated October 2, 1958, recorded in Vol. 441, pa g `
Records of Denton County, Texas;
THIS conveyance is further executed, deli�,ered, and accepted
SUBJECT to tha following:
(1) Right-of-waynp easement
eine
Sinclair -Gulf fCompany, rom J. Fdated sallovember. w29,wni9l7�
recorded in Vol. 1580 page 203, Deed Records of Cnntan County,
Texan.
(2) Easements in favor of Dnon County
iElectric c oope ative,
Inc., recorded in Vol. 339, page
132
of the Deed Records of Dentin County, Texas.
SAVE AND EXCEPT: 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 Edward E. Lane
recorded in Volume 448, Page 303, Deed Records of Denton County,
Texas, and being more fully described as follows:
BEGINNING at a 2 inch iron pipe at the Southwest corner of said
Lane tract, also being at a fence corner;
THENCE North 010 43' 00" Fast with a fence and with the West line
of said Lane tract a distance of 2358.73 feet to an iron pin ret
on the South right-of-way of F-M Road No. 455;
THENCE Northeasterly witic said right-of-way and a curve to the
51
feet,-16
having a
of North a780 33e 31"of 2East 2oE71
294.85 feet, andanarc
distance of 297.27 feet to an iron pin at the eend of said curve;
THENCE South 88. 450 09" East with said right-of-way, a distance
of 345.15 feast to an iron pin set for corner;
THENCE South 01° 430 00" West, a distance of 2418.48 feeet to an
iron pin set in an East West fence, said ire'. pin being in the
South line of said Edward E.. Lane tract;
THENCE Nort:+ 196 12' 26" West with said fence and with the South
lie of Lane tract,ce of acres3ofeet to the point
land
/OL45bT P60 I L ( __... :
i
/fi
F
Being 82.72 acres of land out of the Reuben Babee Headright
League and Labor. Survey, patented to Reuben•Bebee January 3rd,
1873, Patent No. 168, Certificate No. 3/43 situated in Denton
County, Texas. being parts of Tract Number 1 and Tract Number
2 as, partitioned by the District Court of Denton County, Texas
by judgment dated October 25, 1922 and recorded in Volume X,
page 228, of the Minutes of said Court being a partition of
939 acres of, land belonging to the estate of Proctor H.
Huling, deceased;
,,.;.Originally surveyed by.W. M. Jagoe in 1922, resurveyed by
C. F•..Ballards Licensed State Surveyor October 21, 1931 and
res=veyed••by W. J. Parker, County Surveyor of Denton County,
Texas,_ November, 3. -194,described in one tract as follows:
HEGZNHINW.a&-.a.point $n the center of. said Highway No. 40 at
:the:•. No•caraer of -said Tract Number 1;
THENCL-Eas .205Z' feet~ 'to the west right of way line of the
$ants 8e'Railway;
THENCE`'south 4-.degrees 41 minutes East along said West right
of way. line at•.851.2'feet pass the south line of said tract
1.and Hart# line, of Tract 2, 1702.4 feet in all to a point
in the. south' Uner of paid. Tract 2;
THENCE' West•2200.6 feet to the southwest corner of Tract 2
and Northwest corner of Tract 3 to a point in the center of
said -Highway No. 4;
THENCE North 0 degrees 16 minutes East at 847.2 feet pass the
Northwest corner of'Tract 2 and the Southwest corner of Tract
1, 847.2 feet, more, 1694.7 feet in all to the place of
beginning, containing 82.72 acres of land, being 40.64 acres
of .said Tract.I and 42.08 acres of said Tract 2 and being all
of Tract 1 and Tract.2 of said partition Lying West of the
Santa ye -Railway; w y
Less However, that strip of land conveyed to the State of Texas
by deed dated April 6, 1949 and recorded in Volume 348, page
119 of, the.•Dead Records of Denton County, Texas.
EXHIBIT "A"
City of Sanger, Texas
ANNEXATION SERVICE PLAN
AREA TO BE ANNEXED
ABSTRACT 725, TRACT 14B, BEING 2.1076 ACRES (TRACT A), AND
ABSTRACT 725, TRACT 14, BEING 23.7484 ACRES (TRACT B), AND
ABSTRACT 1241, TRACT 42, BEING 2.50 ACRES (TRACT C), AND
ABSTRACT 1241, TRACT 41, BEING 2.50 ACRES (TRACT D), AND
ABSTRACT 29, TRACT 65, BEING 109.49 ACRES (TRACT E), AND
ABSTRACT 29, TRACT 123, BEING 74.33 ACRES (TRACT F).
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.
rrr..RM
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.