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01-02-04-Ordinance-Annexing property located Metz Estates and Henry Tierwester Survey-01/05/2004City of Sanger, Texas ORDINANCE NO. 01-02-04 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 TERRITORY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID TERRITORY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. 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; 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 public hearings on said annexation and held such 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 CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the 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. METZ ESTATES, BLOCK 1, LOTS 1-6, AS RECORDED 1N THE DEED RECORDS OF DENTON COUNTY, TEXAS(Tract 1); AND ABSTRACT 1241, TRACT 65A (1), BEING 1.4132 ACRES IN DENTON COUNTY TEXAS (Tract 2); AND ABSTRACT 1241, TRACT 67, BEING 0.057 ACRES IN DENTON COUNTY TEXAS (Tract 3); AND 61798 ABSTRACT 1241, TRACT 8, BEING 242.275 ACRES IN DENTON COUNTY TEXAS (Tract 4); AND ABSTRACT 1241, TRACT 330, BEING 390.387 ACRES IN DENTON COUNTY, TEXAS (Tract 5). Section 2. That the municipal annexation 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 Cleric 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 of the City of Sanger, this 5TH day of January 2004. ATTEST: Rosalie Chavez, City APPROVED AS TO FORM: City Attorney APPROVED: ommy I ncaid, Mayor /. 61798 EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED METZ ESTATES, BLOCK 1, LOTS 1-6, AS RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS(Tract 1); AND ABSTRACT 1241, TRACT 65A (1), BEING 1.4132 ACRES IN DENTON COUNTY TEXAS (Tract 2); AND ABSTRACT 1241, TRACT 67, BEING 0.057 ACRES IN DENTON COUNTY TEXAS (Tract 3 ); AND ABSTRACT 1241, TRACT 8, BEING 242.275 ACRES IN DENTON COUNTY TEXAS (Tract 4); AND ABSTRACT 1241, TRACT 330, BEING 390.387 ACRES IN DENTON COUNTY TEXAS (Tract 5). INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Sections 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 61798 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. 61798 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. MO VO:1 TRACT 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE HENRY TIERWESTER SURVEY ABTSRACT 124L . DENTON COUNTY, TEXAS AND BEING PART OF A (CALLED) 41.648E ACRE TRACT AS DESCRIBED IN A DEED FROM BILL MCCLELLAN, TRUSTEE TO RALPH AMYX AND WIFE, LELA AMYX, ON THE 24TH DAY OF OCTOBER,199L RECORDED IN VOLUME 3124, PAGE 212, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS) BEGINNING AT AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID 41.6488 ACRE TRACT, SAID POINT ALSO BEING AN INNER CORNER OF A (CALLED) 38.912 ACRE TRACT AS DESCRIBED IN A DEED FROM CAROL ANN SPRINGER TO DONALD R. HOLSON ON THE 17TH DAY OF JANUARY, 1977, RECORDED IN VOLUME 819, PAGE 173, DEED RECORDS OF DENTON COUNTY, TEXASI THENCE NORTH 00 DEGREES O8 MINUTES 56 SECONDS WEST ALONG AND NEAR A FENCE ON A COMMON LINE BETWEEN SAID AMYX TRACT AND SAID HOLSON TRACT, A DISTANCE OF 1231.04 FEET TO A FENCE CORNER POST AT THE NORTHWEST CORNER OF SAID AMYX TRACT AND THE NORTHERNMOST NORTHEAST CORNER OF SAID HOLSON TRACT) THENCE NORTH 88 DEGREES 57 MINUTES 19 SECONDS EAST WITH THE NORTH LINE OF SAID AMYX TRACT, A DISTANCE OF 50,00 FEET TO AN IRON PIN SET FOR CORNER) THENCE SOUTH 00 DEGEREES 08 MINUTES 56 SECONDS WEST A DISTANCE OF 1231.04 FEET TO AN IRON PIN SET FOR CORNER ON THE SOUTH LINE OF SAID AMYX TRACT AND A NORTH LINE OF SAID HOLSON TRACTI THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST WITH THE SOUTH LINE OF SAID AMYX TRACT AND THE NORTH LINE OF SAID HOLSON TRACT A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 1.4132 ACRES OF LAND, (cc- - -- �U TRACT ONE: Y`vl10 JZ VALE 994 All that certain tract or parcel of land situated in the Henry Tierwerter Survey, A-1241, Denton County, Texas, being a part of a certain (called) 72.74 acre tract described in a deed from J.C. Holland, et ux,•to Major L. Moore on the 24th day of August 1926, recorded in Volume 207, page 240, Deed Records of said County, and being more fully described as follows: C01.5iENCING at a fence post at the Northwest corner of said 72.74 acre tract; THENCE S. 00 30' 07" E. with said fence and the West boundary line of said tract a distance of 312.40 feet to a steel pin at the Point of Beginning; THENCE N. 890 50' SO" E. a distance of 1394.40 feet to a steel pin in a fence on the East boundary line of said 72.74 acre tract; THENCE S. 0° 14' SS" E. with the East boundary line of said tract along and near said fence a distance of 1748.13 feet to a steel pin at a fence corner angle; THENCE S. 00 14' 06" W. with the East boundary line of said tract along and near said fence a distance of 180.30 feet to a steel pin on the North right of way of F.M. Road 455; THENCE S. 89° 411 39" W. with the North line of F.N. Road 455 along and near said fence 1384.33 feet to a fence corner at the existing Southwest corner of said 72.74 acre tract; THENCE N. 00 30' 07" 11, with the West boundary line of said tract along and near said fence a distance of 1932.16 feet to the Point of Beginning, and containing 61.598 acres of land. TRACT TWO: All that certain tract or parcel of land situated in the Henry Tierwester Survey, A-1241, City of Sanger, Denton. County, Texas, being a part of a certain (called) 21.6 acre First Tract and a 10 acre Second tract described in a deed from T.M. Moore, et ux, to W.C. Moore, recorded in Volume 315, page 145, Deed Records of said County, and being more fully described as follows: BEGINNING at a fence corner on the South boundary line of said 21.6 acre First Tract at the Southwest corner of a certain 0.592 acre tract described in a deed to C.L. Bentley, et ux, recorded in Volume 424., page 332, Deed Records of Denton County; THENCE S. 890 410 14" 11. with a fence and the South boundary line of said First Tract a distance of 1184.47 feet to a fence corner on the Fast boundary line of a public road; THENCE N. 00 00, 07" E. with said fence and the East line of said road a distance of 925.81 feet to a fence corner on the South right of way of F.M. Road 4S5; THENCE N. 890 41' 39" E. with the South right of way of F.M. Road 455 and the existing North boundary line of said 10 acre Second Tract along and near said fence a distance of 1151.37 feet to a steel pin at the Northwest corner of a certain 0.182 acre tract described in a deed from Jean H. McGilvray, et vir, to Thomas Lee Hartin, recorded in Volume 812, page 162, Deed Records of Denton County; THENCE S. 10 20, 38" E. a distance of 99.46 feet to a steel pin at the Southwest corner of said 0.1823 acre tract; THENCE S. 890 38' 17" E. a distance of 80.28 foot, to. a steel pin; THENCE S. I° 28, 04" E. a distance of 180.80 feet to a steel pin at the Southwest corner of a certain 0.313 acre tract described in a deed to J.H. McGilvray recorded in Volume 614, page 2780 Deed Records of Denton County, Texas; THENCE N. 890 371 3111 E. with a fence pass at 150.99 foot to a steel pin at the Southeast corner of said 0.313 acro tract a total distance of 165.30 feet to a corner in a public road at the Northeast corner of said 21.6 acre tract; THENCE S. 00 19' 07" W. with the Last boundary lino of said 21.6 acre tract in said road a distance of 523.17 foot to a steel pin at the Northeast cornor of said aforementioned 0.592 acre Lontley tract; ,. r 1 1 • 1 EXHIBIT "A11 Continued { • � i THENCE S. 880 551 2511 W. along and near a fence a distance of � 215.0 feet to a steel pin at the Northwest corner of said 0.592 acre tract; HENCE S. 0° 461 22" 14, along and near a fence a distance of )' 118.7 feet to the Point of Beginning, and containing 27,941 acres of land. TRACT THREE: �j All that certain 246.024 acre tract, or parcel of land situated in the 1 Henry Tierwester Survey, A-1241, Denton County, Texas; said tract being part of tract described in deed from Richard Dewitt Borden, et al to Homer Bly as recorded in volume 824, page 148 of the Deed Records 1 of Dentoi County, Texas; said tract being further described herein by metes and bounds as follows: ;i BEGINNING, for the Northwest corner of the tract being described herein, at a point in Metz Road at the Northwest corner of Block 18 of the subdivision of said H. Tierwester in partition of the Estates of j Edward Metz and Charles Metz, deceased, as partitioned by the District Court of Denton County, Texas, at the February Term thereof, A.D., 1896, an old looking post with rocks at its base bears North 890 241 2011 East 18.5 feet; t THENCE North 890 241 20" East, passing at 18.5 feet an old post I with rocks, overall, a total distance of 2522.8 feet to an iron pin j set by an old bois d'art stake found near a fence corner post; THENCE South 09 091 4011 East, at 4596,9 feet an iron pir. in Northern line of Belz Road, overall, a total distance of 4611.9 feet to an iron pin set in said Belz Road; THENCE North 89° 13, 50" {Test 253S.9 feet along said Belz Road to its intersection with center of Metz Road, a 4 inch treated corner 1 post bears North 4S° 571 East 30,0 feet; THENCE North 1891.4 feet along said Metz Road to the Southwest corner of a certain 20.000 acre tract; THENCE East, at 30.0 feet an iron pin set in the ground, overall, a total distance of 1570.0 feet to an iron pin set in ground; !sl THENCE North 554.9 feet to another iron pin set in the ground; THENCE; West, at 1S40.0 feet -an iron pin set in ground, overall, a E total distance of 1570.0 feet to the Northwest corner of said 20.000 acre tract in the center of Metz Road; { �r THENCE North 2105.3 feet along said Metz Road to the Place of II Beginning. YU� LO GF - t TleAer C 5251 01314 The Eastern most 114 acres of the folIDWIng; described property: All that certain tract or parcel of land situated in the Henry Ticnvester Survey, Abst. 1241, Denton County, Texas, being; part of the tract deeded by R. L. Moyers et ux to L. T. Kerby ct ux on November 19, 1944, recorded in Vol. 310, Page 579, Deed Records of said County, except for certain acreage deeded to the City of Sanger, the residue being more particularly described as follows: BEGINNING at the 2-inch floor iron pipe at a fence comer on the East line of said Kerby tract which is an East line of said survey at a point S. O ° 28' West 862.0 feet from the Northeast comer of said tract and East Northeast corner of said survey; THENCE. S. O ° 28' W. with a fence on the East line of said survey 2463.5 feet to a fence corner at the Southeast corner of said tract and said survey; THENCE N. 88 ° 44' W. with the South line of said Tract and said survey along and near a fence 5324.6 feet to a fence confer, THENCE N. 12 ° 52' W. with a fence 788.6 feet to a fence corner, THENCE N. 88 ° 45' W. 841.0 feet to a fence confer on the East line of a North -South road; THENCE N. 4 ° 30' W, with a fence on said road line 1017.9 feet to a fence comer, THENCE N. 86 ° 17' E. with a fence 410.4 feet to fence corner; THENCE N. 4 112, W. with a fence 383.0 feet to a fence corner; THENCE S. 89 ° 38' E. with a fence 637.4 feet to a fence comer; THENCE N. 2 ° 27' W. Will, a fence 179.0 feet to a fence corner at the Southwest comer ? of the First Tract deeded to the City of Sanger; THENCE S. 99 U 01' E. with a fence most of the way 225.0 feet to the Southeast corner of said City tract in a branch THENCE N. 4 ° 50' W. 219.0 feet to the Northeast corner of said city tract in said branch; , i THENCE N. 89 ° 01' W. 15.4 feet to a fence corner at the Southeast comer of the Second i Tract deeded to said City; . ... . ..•. ... �.w-ti.a•�.-w�vn0.r..��.fi. RJ1�..�i1Wl• �ANfi`!'3'+fi14�t'J"�.:�0.1Y.f/�"�.'���•'Y.l.L1�f.t� 525I C��3l5 THENCE N. 4 " 50' W. with the East line of said Second City Tract 713.95 feet to the Northeast corner thereof on a North line of said TicrWaster Survey in the middle of said public road; THENCE S. 88 "53' E. with said line in said road 3901.64 feet to the Norhwest comer of a 27.777 acre tract; THENCE S. 0 ° 28' W. 862.0 feet to a 2-inch iron pin at the Southwest corner of said 27.777 acre tract; THENCE S. 88 ° 53' F. with the South line of said tract 1403.76 feet to the place of beginning, containing in all 410.356 acres of land; ALL THAT CERTAIN tract or parcel of land situated in the Henry Ticnvestcr Survey, Abstract 1241, being part of a certain tract deeded by R. L. Moyers, ct ux, to L. T. Kerby, et ux, on November 18, 1944, recorded in Volume 310, page 579, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the Northeast corner of said tract which is alm the East Northeast corner of said Ticnvester Survey, in the middle of a public road; at 25.0 feet pass a 2-inch iron pipe on the South line of said road THENCE S. 0 ° 28' W • a fence on the East line of said survey a total distan continuing with of 862.0 feet to a 2-inch pipe at a fence comer; THENCE N. 88 ° 53' West 1403.76 feet to a 2-inch iron pipe; in a fence on the South ne THENCE N. 0 ° 2810 feet Oto afeet pass a corner r he North lnch iron ine of said Kerby Tract and of of of on said road a total distance of 862 said Survey in the middle of said road; THCNCP. S. 88 ° 53' E, with said line in said road 1403.76 feet to the place of beginning, containing in all 27.777 acres of land, of which 0.806 acre is within said road, leaving a not of 26,97) acres: in —nun.nl� Iinnil.r Dili lions ILA. mom MIMI ■F pnf.l .�.li:�inld.�171ii1■ I� �i ■III:-i_ii1i�M:.l'e:.-'L III Sulu l'm m • ... s ul. � _ •n � .1 unnun - : = on's*p � it u7riilir.'1 ■jlunnur�� _ 11 .' 1z ma�® ■i1. Ills tlll�; �, ilia VN■ nnal IC r,atillllll