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HomeMy WebLinkAboutOrdinance No. 08-1762 CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AMENDING AND CORRECTING ORDINANCE NO. 275, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20th DAY OF FEBRUARY 1984, WHICH CONTAINED A SCRIVENER'S ERROR IN THE PROPERTY DESCRIPTION ATTACHED THERETO AS EXHIBIT "A" BY PROVIDING FOR THE INCORRECT DIRECTION IN A PORTION OF THE METES AND BOUNDS PROVIDED THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony passed Ordinance No. 275 which provided for the annexation of certain property as described in Exhibit A thereto; and WHEREAS, it has now been determined that errors were contained in the original metes and bounds description contained in Exhibit A, to wit: the 1 st paragraph and the 3rd paragraph that begin with the word "THENCE"; and WHEREAS, the City Council finds that Ordinance No. 275 which contained said scrivener's error in the property description attached thereto as Exhibit "A," a copy of which is attached hereto and incorporated herein by reference, should be amended to correct said error; and WHEREAS, the City has since the enactment of Ordinance No. 275 treated as part of the municipal boundaries of the City of The Colony the property contained in the property description herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, THAT: SECTION 1. The scrivener's error contained in the 1 st paragraph and the 3rd paragraph that begin with the word "THENCE" in Exhibit A to Ordinance No. 275, a copy of which is attached hereto and incorporated herein by reference, passed and approved by the city council on the 20th day of February 1984, be and the same is hereby corrected by replacing said paragraphs with the corrected metes and bounds description of the property, which shall read as follows: "ANNEXATION OF 302.462 ACRES NORTH OF 82.974 ACRE TRACT BEING a 302.462 acre tract ofland situated in Denton County, Texas, out of the James Robertson Survey, Abstract No. 1507, and the B. B. B. & C. R. R. Co. Survey, Abstract No. 182, said 302.462 acre tract being more particularly described as follows: BEGINNING at the northeast comer of said B. B. B. & C. R. R. Co. Survey, said point being the south most southeast comer of said James Robertson Survey; THENCE South along the east line of said B. B. B. & C. R. R. Co. Survey, a distance of 2,168.0 feet to a point beginning a curve to the left whose center bears South 52 degrees 57 minutes 7.4 seconds West a distance of 2,720.0 feet having a central angle of 19 degrees 02 minutes 26 seconds and a tangent length of 456.2 feet; THENCE along said curve an arc distance 903.9 feet to a point for comer; THENCE North 88 degrees 24 minutes 38 seconds West a distance of 634.3 feet to a point beginning a curve to the right whose center bears North 42 degrees 09 minutes 40.6 seconds East a distance of 3,220.0 feet, having a central angle of 12 degrees 36 minutes 36 seconds and a tangent length of 355.8 feet; THENCE along said curve an arc distance of 708.7 feet to a point for comer; THENCE West a distance of 5,169.2 feet to a point in the west line of said B. B. B. & C. R. R. Co. Survey; THENCE North 00 degrees 29 minutes 35 seconds West along the west line of said B. B. B. & C. R. R. Co. Survey a distance of 752.1 feet to a point for comer; THENCE North 79 degrees 23 minutes 00 seconds East a distance of 79.80 feet to a point for comer; THENCE North 48 degrees 42 minutes 00 seconds East a distance of 322.0 feet to a point for comer; THENCE North 62 degrees 06 minutes 00 seconds East a distance of 1,111.5 feet to a point for comer; THENCE North 36 degrees 38 minutes 00 seconds East a distance of 833.2 feet to a point in the north line of said B. B. B. & C. R. R. Co. Survey, Abstract No. 182; THENCE along the north line of said B. B. B. & C. R. R. Co. Survey, Abstract 182, east a distance of3,753.3 feet to a point for comer; THENCE North a distance of 2,325.2 feet to a point in the north line of said James Robertson Survey; THENCE East along said north line of said James Robertson Survey a distance of 500.0 feet to a point for comer; THENCE South a distance of 2,325.0 feet to the POINT OF BEGINNING and containing 302.462 acres ofland, more or less." SECTION 2. All ordinances of the City of The Colony in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. 2 TM 28180.76.000 SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of The Colony Code of Ordinances, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or The Colony Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This Ordinance shall take effect immediately from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of The Colony, and it is accordingly so ordained. !lJ./ DUL Y PASSED by the City Council of the City of The Colony, Texas, on the I tJJh day of TI1P J 2008 APPROVED: CJ~~~ VJ~ CHRISTIE WILSON, CITY SECRETARY 3 TM 28180.76.000 EXHIBIT A Key N A - Ord. 275 Correction - Roads Lake Lewisville lAke LewisflUle o 500 1,000 2,000 Feet 4 bancn Rd lAke Lewisvtlle TM 28180.76.000 ORDINANCE NO. ~15 CITY OF THE COLONY AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID PROPERTY WITHIN SAID CITY LIMITS AND GRANTING ALL PRMLEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING FOR THE EXTENSION OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID ORDI- NANCE. WHEREAS, the City of the Colony has heretofore received petitions from the owners of all the property hereinafter described, requesting it to annex said territories and extend the corporate limits of said City; and WHEREAS, after holding a public hearing under the provisions of Article 970A of the Revised Civil Statutes of Texas; and WHEREAS, the following described land is adjoining the present City limits of the City of the Colony, and the members of the City Council of the City of the Colony have concluded that said area should be annexed and made a part of the City of the Colony, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the following described territory be, and the same is hereby annexed to the City of Colony, Denton County, Texas, and the boundary limits of the City of The Colony be, and the same are hereby extended to include the following described territory within the City limits of the City of the Colony, and the same hereafter shall be included within the territorial limits of said City, and the inhabitants thereof hereafter shall be entitled to all rights and privileges of other citizens of the City of The Colony; and shall be bound by the Acts, Ordinances, Resolutions and Regulations of said City. That the territory to be so annexed is more particularly described in Exhibit "A" attached hereto. Section 2. That it is not the intention of the City of the Colony to annex any territory not legally subject to being annexed by said City, 'and should any portion of the above-described territory not be subject to legal annexation by the City of the Colony, such fact will not prevent the City from annexing such territory which is above-described and is subject to legal annexation by the City, and it is the intention of the City of the Colony to annex only such territory as may be legally annexed by it within tie limits of the above- described area. Section 3. That the approved service plan is attached hereto as Exhibit "B" and is approved as a part hereof. Section 4. That this Ordinance shall take effect immediately from and after its passage as the law in such cases provides. ...:.1! .)(] /Cjc;-! ,J~ . 0<. I :.1 q (')0 I (p f.t;3 DULY PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS on the & () day of February, 1984. ATTEST: Texas [SEAL] APPROVED AS TO FORM~ ~NNEX~T~ON OF 302.462 ACRES NORTH OF 82.974 ACRE TRACT BEING a 302.462 acre tract of land situated in Denton Coun:)', Texas, ':>'Jt of the James Robertson Survey, Abstract No. 1507, and the B. B. B. & C. R. R. Co. Sur-vel', Absrract No. 182, said 302.462 acre t,ract being more particularly described as follows: E;::;:;1:;\I~G de: said point Survey; t r. f' f!Or:rH'2st C(';;,,"r of said B. B. the southmost southeast corner E. &. C. R. R. Co. ?l.;v~y, of said James Rot-e:-rson beir.g THENCE South along the east line of said B. B. B. &: C. R. R. Co. 8~r-,'ey. a distance of 2,168.0 feet to a point on the arc of a curve whose center ~ears South 27 degrees 26 minutes 50 seco~ds East a distaDce of 2,720.0 feet ~2ving a central angle of 19 degrees 02 minutes 26 seconds and a tangent leng!'.h of 456.2 feet; THENCE along said curve an arc distance of 903.9 feet to a point for corner; THENCE North 88 degrees 24 minutes 38 seconds \-lest a distance of 634.3 feet to a point on the arc of a curve to the right whose center bears South 54 degrees 03 minutes 04 seconds East a distance of 3,220.0 feet. hav i:-!g a central angle of 12 degrees 36 minutes 36 seconds and a tangent length of 355.8 feet; THENCE along said curve an arc distance of 708.7 feet to a point for C0rner; THENCE West a distance of 5,169.2 feet to a point in the west line of said B. B. B. & C. R. R. Co. Survey; THENCE North 00 degrees 29 minutes 35 seconds West along the west 1 ine of said B. B.B. & C. R. R. Co. Survey a distance of 752.1 feet to a point for corner; THENCE North 79 degrees 23 minutes 00 seconds East a distance of 79.80 feet to a point for corner; THENCE North 48 degrees 42 minutes 00, seconds East a distance of 322.0 feet to a point for corner; THENCE North 62 degrees 06 minutes 00 seconds East a distance of 1,111.5 feet' to a point for corner; THENCE North 36 degre~s 38 minutes 00 seconds East a distance of 833.2 feet to a point in the north line of said B. B. B. & C. R. R. Co. Survey, Abstract No. 182; THENCE along the north line of said B. B. B. & C. R. R. Co. Survey, Abstract No. 182, east a distance of 3,753.3 feet to a point for corner; THENCE North a distance of 2,325.2 feet to a point in the north line of said James Robertson Survey; ~ Exhibit "A" THENCE East along said north line of said James Robertson Survey a distance of 500.0 feet to a point for corner; THENCE South a distance of 2,325.0 feet 'to the POINT OF BEGINNING and containing 302.462 acres of land, more or less. J SERVICE PLAN Service Plan for a 302.462 acre land tract generally located due north of the northwest City limit boundary on Wynnewood Peninsula. In accordance with 970A Section lOB 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 can request to be included into The Colony #1 Munici- pal Utility District for these services. ,j Exhibit "B"