Loading...
HomeMy WebLinkAboutOrdinance No. 282 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; AND FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED AND PROVIDING FOR THE ORDINANCE TO GO INTO EFFECT UPON PASSAGE OF THE ORDINANCE AND PROVIDING A SEVERABILITY CLAUSE WHEREAS, the City, pursuant to the Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970(a), as amended, and Section 1.03 of Chapter I of the Home Rule Charter of the City of The Colony, Texas, adopted January 20, 1979, has heretofore instituted annexation proceedings; and WHEREAS, the City has received a petition from the landowners requesting annexation of the tract described in Exhibits "A" & "B" attached hereto and incorporated herein for all purposes; and WHEREAS, in accordance with the Municipal Annexation Act a service plan, attached hereto as Exhibit "C" and incorporated herein for all purposes, was prepared by the appropriate department of the City which plan was made available for inspection and explained at the public hearings conducted as hereinafter described; and WHEREAS, all required statutory notice pursuant to the Act has been accomplished; and WHEREAS, two separate public hearings were conducted in accordance with Section 6 of TEX. REV. CIV. ANN. art. 970 (a) (Vernon Supp. 1963-1983) the first being held at 7:00 o'clock p.m. on the 4th day of June 1984, within the site to be annexed and the second hearing being held at 7:30 o'clock p.m. on the 4th day of June 1984, at the City Hall, 5576 North Colony Boulevard, The Colony, Texas. WHEREAS, the public hearings were conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the public hearings was published in a news- paper of general circulation in the City of The Colony, and in the territory proposed to be annexed by publication at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and WHEREAS, additional notice by Certified Mail was given to railroad companies, if any, serving the City of The Colony and on the tax roll of the City of The Colony where the right of way is located within the territory to be annexed; and WHEREAS, the property to be annexed is contiguous and adjacent to the City limits of the City of The Colony and not within the boundaries of another city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: PETITION REQUESTING ANNEXATION OF LAND CONTIGUOUS AND ADJA- CENT TO THE CITY OF THE COLONY, TEXAS: To The Honorable Mayor and Members of the City Council of the City of The Colony, Texas: GREETINGS: The undersigned, .'~/-~E f~Z~/7~Y /~/~-~- ~zg/_.~-,~ ~7~.~ of ~ County, Texas, hereinafter called "Petitioner", repre- sents as follows: 1. That Petitioner is the Owner of a ~ acre tract of land situated in the ~,~/~ ;~ ~ ~ ~.~, ~/~4~ ~, Sur- vey, Denton County, Texas, fully described by metes and bounds as shown in EXHIBIT "A" and attached hereto (hereinafter referred to as Subject Land). A Plat of said land, showing its location with respect to the boundary of the City of The Colony, Texas, is attached hereto marked as EXHIBIT "B". 2. To the best of my knowledge there are ~o adult residents who reside in the subject land. 3. That Petitioner agrees that if th~s request for annexation be grated, and upon the adoption of a proper ordinance by the City Council of the City of The Colony, Texas, said land shall become a part of the City of The Colony, Texas, and the said land and any present or future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of the City of The Colony, Texas, and shall ~ bound by the acts and ordinances of said City now in affect and as hereafter enacted and agrees to assume its share of outstanding bonds, notes and other obligations of the City and the voted but unissued Tax Bonds of the City. WHEREFORE, Petitioner respectfully requests that this petition for annexation to the City of the Colony of Subject Land be granted. WITNESS the signature(s) of the Petitioner duly acknowledged as required for deeds. Printed Name: ~lC~ ~. ~ Title: ~ ~w~ THE STATE OF TEXAS COUNTY OF ~~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they is/are authorized to execute the same and did execute the same for the purposes and consideration therein expressed, and the said Petition Requesting Annexation of Land Contiguous and Adjacent to the City of The Colony, Texas having been examined by the said ~g*~ ~. /.~l~-~ ~ , acknowledged such instrument to be his/her/their act and deed, and he/she/they declared that he/she/they has/have willingly signed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of ~/ , A.D. 1984. -~{'~" /'~-~% NO~Y PUBLIC in and for the ' ' ' = ~ State ~f Texas ~"'~m~ expires: STATE OF TEXAS § 40659 COUNTY OF DENTON § I, JANET GADD, the duly appointed, qualified and acting City Secretary of the City of The Colony, Texas, hereby certify that the foregoing pages constitute a true and correct copy of City Ordinance #282 passed by the City Council at a meeting held on the 2nd of July, 1984. To certify which, witness my hand and seal of the City of The Colony, Texas, this 31st day of July, 1984, at The Colony, Texas. . :' .'~ ';.,-' ~' . ~ Ja Gadd, City ~, .." '.. e r , Secretary of The Colony, FIELD NOTES BEING a survey of a tract of 105.005 Acres of land in the S. CHOWNING SURVEY ABST. NO. 244, the R.G. DUNLAP SURVEY ABST. NO. 352 and in the PATRICK O'LEARY SURVEY ABST. NO. 978, Denton County, Texas; and being more particularly described as lollows: BEGINNING at the Southwest corner of said O'Leary Survey, an iron rod in the center of Stewarts Creek Road; THENCE N 01039'00" W, along a fence on the West line ol said O'Leary Survey, 1830.9 ft.; THENCE S 88059'30', W, 1350.0 lt. to a point on the Easterly Take Line of lake Lewisville (as per the Army Engineers); THENCE Northeasterly, along the Easterly line of said Lake, as lollows: Isl. N 02014'49'' E, 175.12 ft.; 2nd. N 29016'27'' E, 506.06 ft.; 3rd. N #7032'22'' E, 1122.01 ft.; 4th. N 26057,00, E, 19.38 ft. to the Southwest corner of the Beach & Tennis Club Addition; THENCE Easterly, along the Southerly lines of said Addition, as foltows: Isl. N 88033'00" E, 269.93 It.; 2nd. S 00023'30'' E, 40.0 ft.; 3rd. N 88°33~00'' E, 975.0 tr. to the Southeast corner ol said Addition; THENCE S 00023'30'' E. 177.9 lt.; THENCE S 89o36~30', W, 30.0 ft. to the Northwest corner of a ceftin 2.738 Acre tract; THENCE S 09o53'00" E, 314.65 ft. to the Southwest corner of said 2.738 Acre tract; THENCE N 89002'30'' E, 16.31 ft. to a point in the center of Stewarts Creek Road; THENCE Southerly and Westerly along the center of said Road, as lollows: Isl. S 01044'00'' E, 2680.8 ft. to a point on the South line ol said O'Leary Survey; 2nd. S 88049'30'' W, along the South line ol said Survey, 1056.0 ft. to the POINT OF BEGINNING and containing 105.005 Acres of which 1.82 Acres (more or less) lies in Stewart Creek Road and 3.124 Acres lies below the 537' contour line in a Flowage Easement leaving a remainder of 100.061 Acres (more or less) of land Net. NOTE: 1. Vacant 2. Fences as shown. 3. Power lines as shown, Denton Co. Elec. Coop., Inc. VoL 425, PBs. 344 8, 545 8 As Per Agreement Vo1.1133, pg. 306. 4. Flowage Easement - Area below the 537' contour line (3.124 Acres). FIELD NOTES BEING a survey of a tract of 100.206 Acres of land in the SAMUEL CHOWNING SURVEY ABST. NO. 214# and in the B.B.B. & C. RAILROAD CO. SURVEY ABST. NO. 181, Denton County, Texas; and being more particularly described as follows: BEGINNING at the Northwest corner of said Railroad Co. Survey (same being the Southwest corner of the Patrick O~Leary Survey Abst. No. 978), a point in the East line of said Chowning Survey; said Beginning Point also being a point in the center of a public road (Stewarts Creek Road); THENCE N 88049'30,, E, along the North line of said Railroad co. Survey and along the center of said Road, 2080.23 ft. to its intersection with the Northerly Take Line of Lake Lewisville as per the Army Engineers; THENCE Westerly and Northerly along said line o£ Lewisville Lake, as follows: 1st. S 00o141'55,, E, 19#.62 ft. to a concrete monument; 2nd. S 51027'25" W, #75.29 ft. to a concrete monument; 3rd. S 200314'25'' W~ 301.2 ft. to a concrete monument; #th. 5 56o19'55'' W~ 515.68 ft. to a concrete monument; 5th. N 00o142'05'' W, #26.66 ft. to an iron rod; 6th. S #6o58'55'' W, 573.86 ft. to a concrete monument; 7th. S 55o54'15. W~ 621.98 ft. to a concrete monument; 8th. S 53o143'15,, W, 178.81 ft. to a concrete monument on the division line between said Chowning Survey and said Railroad Co. Survey; 9th. N 014o02'15'' W~ along said Survey division line~ 275.145 ft. to a concrete monument; 10th N 03057'05'' W~ along the approximate center of said Public Road and along said Survey division line, 6614.77 ft. to an iron rod; llth S 85037'35'' W, passing a concrete monument at 18.9 ft. in the West line of said Road and continuing in all on this line, #25.01 ft. to a concrete monument; 12th S 07o56'25,, W~ #95.05 ft. to a concrete monument; 13th S #7o01'55'' W, 1055.13 ft. to a concrete monument; 14th S 86o01'55'' W~ 500.02 ft. to a concrete monument; 15th N 63o51'05'' W~ 290.29 ft. to a concrete monument; 16th N 17o26~55,, E, passing a concrete monument at 1120.15 ft. and continuing in all on this line, 1970.82 ft. to a concrete monument; THENCE N $9034'38'' E, leaving said Take Line, and along a fence, 11401.89 ft. to a point in said division line between said Chowning and O'Leary Surveys; THENCE S 01039'00'' E, along said Survey division line, 2142.79 ft. to the POINT OF BEGINNING and containing 100.206 Acres of land of which 6.822 Acres lies below the 537' contour in a Flowage Easement and 1.55 Acres (more or less) lies in a Public Road, leaving a Net remainder of 91.8314 Acres (more or less) of land. NOTE: 1. Vacant. 2. Fences as shown. 3. Power lines as shown; Denton County Elec. Co-op 20' wide Esm't. as per Agreement Vol. 1133~ pg. 306. Flowage Easement - Area below the 537' contour (6.822 Acres). 5. 25' Lane. Roadway Esm't. (637-203). SERVICE PLAN Service Plan for 205.211 acre land tract generally located due West of the Western City limit boundary on Stewart Creek Peninsula. In accordance with 970A Section 10B VACS the following is a statement of governmental service that must be provided in sixty days and capital improvements that must be provided in two and one half years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immediately. This land is not developed and has few inhabitants. A large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection can be provided upon request. 4. Road and park maintenance can be maintained. There are no recreational facilities on this land. 5. No capital improvements, i.e., streets, fire station, etc., are needed until the land is subdivided and consequently developed. 6. Water and sewer service is not provided by the City. This area is included in The Colony Municipal Utility District #1 for these services.