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