07-18-04-Ordinance-Annexing property in the Prather, Lynch, and Tierwester Surveys-07/06/2004Robert Dillard - QRD0718.04.doc Page 1
City of Sanger, Texas
ORDINANCE NO. 07-18-04
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 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.
TRACT A. A1241A TIERWESTE R, TRACT 3, ACRES 83.720, OLD DCAD
SHT 6, TR 8 IN DENTON COUNTY TEXAS; AND
TRACT B. A1241A TIERWESTER, TRACT 7, ACRES 9.8407, OLD DCAD
Robert Dillard - ORD0718.04.doc Page 2
SHT 6, TR 7,IN DENTON COUNTY TEXAS; AND
TRACT C. A1241A TIERWESTER, TRACT 6, ACRES 10.00, OLD DCAD
SHT 6, TR 21, IN DENTON COUNTY TEXAS; AND
.TRACT D. A0725A S.F. LYNCH, TRACT 13, ACRES 25.7346, OLD
DCAD TR 2,2B IN DENTON COUNTY TEXAS; AND
TRACT E. A1024A R. PRATHER, TRACT 4, ACRES 29.373, OLD DCAD
TR 2, IN DENTON COUNTY TEXAS
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 6TH day of July, 2004.
Tommy K^caid, Mayor
d,r
ATTS
Rosalie Chavez, City Secre y
r
------ -...APPROVED AS TO FOAM f
City Attorney
Tract A. A1241A Tierwester, tract 3, acres 83.720, Old DCAD
All that certain tract or parcel of land situated in the Henry Tierwester Survey, Abstract 1241,
Denton County, Texas Being off the south end of the south end of the same (called) 157.18 acre
tract conveyed by Bertha A. Cone et. Al. O.R. Yeatts on November 12, 1943 recorded in Volume
304, page 243, Deed Records of said county, less that portion conveyed to the state of Texas for
right of way, and being more particularly described as follows:
Beginning at the existing southeast corner of said 157.18 acre tract at a fence corner on the West
right of way of Interstate Hwy 34,
Thence North 87 degrees 51 minutes West with a fence 2298.0 feet to the southwest
corner of said tract; Thence North 2 degrees 19 minutes East with a fence 1580.0 feet to a steel
pin for corner,
Thence South 87 degrees 51 minutes across said 157.18 acre tract 2318.2 feet to a steel
pin for corner on the West right of way of said Interstate Hwy 35,
Thence South 3 degrees 03 minutes West with said right of way 1580.2 feet to the place
of beginning, containing in all 83.720 acres of land, as surveyed and staked on the ground
February 22, 1966, by C. F. Ballard, registered civil engineer and public land surveyor.
Tract B. A1241A Tierwester, tract 7, acres 9.8407, Old DCAD
Being A 10.00 acre Tract of land situated in the Henry Tierwester survey, abstract number 1241,
Denton County, Texas, and being that same tract of land as described in deed to Douglas W. Ebert
as recorded in volume 2651, page 683 of the deed records of Denton County, Texas, and being a
portion of that certain tract or parcel of land as described in deed to Homer Bly as recorded in volume
824, page 148 of said deed records, said 10.00 acre tract of land being more particularly described as
follows:
Beginning at an iron rod found for the southwest corner of said Ebert tract same being an outer ell
corner for a tract of land as described as tract three in deed to John Porter Auto Sales, Inc. and John
Porter Farms, Inc. As recorded in volume 1092, page 991 of said deed records, said iron rod also
being in or near the centerline of Metz road, 1891.47 feet north of a found iron rod at the intersection
of Metz road with Belz road, also being south 00' 00' 00" west, a distance of 2659.74 feet from a
found iron rod at the northwest corner of block 18 of the subdivision of the H. Tierwester survey in
partition of the estates of Edward Metz and Charles Metz;
Thence north 00' 00' 00" east, along or near the centerline of Metz road, a distance of 277.45 feet to
an iron rod found, for the northwest corner of said Ebert tract and the southwest corner of a tract of
land as described in deed to Michael E. Melott and Teresa R. Ryan as recorded in volume 2932, page
0501 of said deed records;
Thence south 89' 53' 36" east, along the south line of said Meloot Ryan Tract, passing at a distance
of 30.00 feet an iron rod found, in all a total distance of 1570.00 feet to an iron rod found for the
northeast corner of said Ebert tract the southeast corner of said Melott Ryan tract and being in an east
line of said tract three;
Thence along the common line of said Ebert tract and said tract three the following calls:
South 00' 00' 00" west, a distance of 277.45 feet to an iron rod found for the southeast corner
of said Ebert tract;
North 89' 53' 36" west, passing at a distance of 1540.00 feet an iron rod found, in all a
distance of 1570.00 feet to the point of beginning and containing 10.00 acres or 435,600
square feet of land more or less and being subject to any and all easements that may affect.
Basis of bearing is the north line of a tract of land as described in deed to Douglas W. Ebert as
recorded in volume 2651, page 683 of the deed records of Denton County, Texas.
Tract C. A1241A Tierwester, Tract 6, Acres 10.00 Old DCAD
All that certain tract or parcel of land lying and being situated in the Henry Tierwester Survey,
Abstract 1241, Denton County; Texas, being part of a tract as described in a deed from Nolan Brown,
Jr. to Tommy D. Morgan and wife, Wanda Gayle Morgan on the Yd day of August, 1982, recorded
in Volume 1158, Page 362 Deed Records of Denton County, Texas, and being more particularly
described as follows:
Beginning at an iron pin in Metz Road at the northwest corner of the above mentioned tract;
Thence south 89 degrees 58 minutes 12 seconds east with a fence part of the way a distance
of 1570.00 feet to an iron pin;
Thence South with a fence a distance of 277.45 feet to an iron pin;
Thence North 89 degrees 58 minutes 12 seconds west with a fence part of the way a distance
of 1570.00 feet to an iron pin in the middle of Metz road;
Thence north with the middle of Metz Road a distance of 277.45 feet to the point -of -
beginning and containing 10.000 acres of land, more or less.
Tract E. A1024A R. Prather, tract 4, acres 29.373, Old DCAD
All that certain 3 8.912 acre tract or parcel of land situated in the H. Tierwester Survey, Abstract No.
1241, and the R. Prather Survey, Abstract No. 1024, and the P. Black Survey, Abstract No. 103,
Denton County, Texas; said tract being part of those tracts described in Deed from Adelia Squires
Mordecai, et al, to Jeffery Johnson, recorded in Volume 574, page 143 of the Deed Records of
Denton County, Texas, said tract being more particularly described by metes and bounds as follows:
BEGINNING for the southeast corner of this, at the southeast corner of "Third Tract" of said Jeffery
Johnson tract, a spike set in center of county road;
THENCE North 88' 42' 5 5 " West 1318.0 feet along fence line to a slight angle point;
THENCE North 89' 0' 30" West 1179.85 feet with fence to steel rod found;
THENCE North 89' 04 55" West, with fence, crossing the west line of the said R. Prather Survey
and the east line of the said P. Black Survey, overall, a total distance of 1315.52 feet to iron pin at
fence corner;
THENCE North 0° 02' 3 5 " West with a fence 1225.35 feet to an iron pin at fence corner;
THENCE North 89' 58' East, with fence, recrossing aforementioned east line of the P. Black Survey
common as the west line of the said R. Prather Survey, overall, 1344.99 feet to an iron pin at fence
corner in the west line of the aforementioned Tierwester Survey;
THENCE South 1 ° 19' 15" West, with fence along the occupied west line of the Tierwester Survey
1230.72 feet to an iron pin at fence corner;
THENCE South 89' 09' 35 east 1179.88 feet to an iron pin in fence;
THENCE South 88' 43' East 140.3 feet to a steel rod;
THENCE North 89' 03' 10" 248.88 feet to an iron pin;
THENCE South 86' 43' 30" east 282.5 feet to an iron pin;
THENCE South 88' 43' East, at 630.0 feet an iron pin on west side of county road, overall 646.67
feet to a point in the middle of aforementioned county road;
THENCE South 0° 47' West 20.0 feet to the place of beginning; containing 29.373 acres of land
more or less, there being about 0.001 acres in the above mentioned county road.
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Robert Dillard - ORD0718.04.doc Page 3
EXHIBIT "A"
City of Sanger, Texas
ANNEXATION SERVICE PLAN
Robert Dillard - ORD0718.04.doc Page 7
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.
Robert Dillard - ORD0718.04.doc Page 6
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
Robert Dillard - ORD0718.04.doc Page 5
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.
Robert Dillard ORD0718.04.doc Page 4
AREA TO BE ANNEXED
TRACT A. A1241A TIERWESTER, TRACT 3, ACRES 83.720, OLD DCAD
SHT 6, TR 8 IN DENTON COUNTY TEXAS; AND
TRACT B. A1241A TIERWESTER, TRACT 7, ACRES 9.8407, OLD DCAD
SHT 6, TR 7,IN DENTON COUNTY TEXAS; AND
TRACT C. A1241A TIERWESTER, TRACT 6, ACRES 10.00, OLD DCAD
SHT 6, TR 21, IN DENTON COUNTY TEXAS; AND
TRACT D. A0725A S.F. LYNCH, TRACT 13, ACRES 25.7346, OLD
DCAD TR 2,2B IN DENTON COUNTY TEXAS; AND
TRACT E. A1024A R. PRATHER, TRACT 4, ACRES 29.373, OLD DCAD
TR 2, IN DENTON COUNTY TEXAS
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: