HomeMy WebLinkAboutOrdinance No. 09-1800CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1800
AN ORDINANCE OF THE CITY OF THE COLONY, ANNEXING THE
HEREAFTER DESCRIBED TWO TRACTS OF LAND, WITH TRACT 1
BEING A 168.28 ACRE TRACT AS DESCRIBED IN EXHIBIT A AND
DEPICTED IN EXHIBIT A-1, AND, TRACT 2 BEING 51.05 ACRE TRACT
AS DESCRIBED IN EXHIBIT B AND DEPICTED IN EXHIBIT B-1, FOR A
TOTAL OF APPROXIMATELY 219 ACRES OF LAND GENERALLY
LOCATED ON THE NORTH AND SOUTH SIDE OF LEBANON ROAD
AND OLD BOYD ROAD IN THE NORTHERN SECTION OF THE CITY
OF THE COLONY EXTRATERRITORIAL JURISDICTION TO THE
CITY OF THE COLONY, TEXAS, AND EXTENDING THE BOUNDARY
LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY WITHIN
THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND
OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS
BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND
REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
WHEREAS, the City Council of the City of The Colony has, after notice was duly
published, conducted public hearings in strict compliance with chapter 43, Texas Local Government
Code; and,
WHEREAS, the following described land is adjoining the present City limits of the City of
The Colony and is within its exclusive extraterritorial jurisdiction, 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 hereafter described two tracts of land, with tract 1 being a 168.28
acre tract as described in Exhibit A and depicted in Exhibit A-1, and, tract 2 being 51.05 acre tract
as described in Exhibit B and depicted in Exhibit B-1, for a total of approximate 219 acres of land,
as depicted in Exhibit C, are hereby annexed to include the said tracts of land within the City limits
of the City of The Colony, Texas, and the same shall hereafter be included within the territorial
limits of the said City, and the inhabitants thereof shall hereafter be entitled to all rights and
privileges of other citizens of the City and shall be bound by the ordinances, acts, resolutions and
regulations of said City of The Colony, Texas. Said 168.28 acres of land situated in Denton County,
Texas, is more fully described in Exhibit A and depicted in Exhibit A-1, attached hereto and made a
part hereof the same as if copied in full herein. Said 51.05 acres of land situated in Denton County,
Texas, is more fully described in Exhibit B and depicted in Exhibit B-1, attached hereto and made a
part hereof the same as if copied in full herein.
TM 34851.76.000
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 the City, and should any portion of the above-described area
not be subject to legal annexation by the City of The Colony, such fact shall not prevent the City
from annexing such territory which 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 the
above described area.
SECTION 3. That the annexation service plan required by Chapter 43 of the Texas Local
Government Code is approved and attached hereto as Exhibit D.
SECTION 4. That this ordinance shall take effect immediately from and after its passage.
DULY PASSED by the City Council of the City of The Colony, Texas, on the 6th day of
April, 2009.
APPROVED:
*JNILLARD, MAYOR
ATTEST:
/3^
CHRISTIE WILSON, CITY SECRETARY
APPROVE S TO FORM:
CITY ATTORNE
(REH/cdn 02-17-09)
TM 34851.76.000
EXHIBIT "A"
LEGAL DESCRIPTION 168.28 ACRES
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R.
Survey, Abstract 170, a part of the B.B.B. & C.R.R. Survey, Abstract No. 182, and a part
of the Thompson D. Luckett Survey, Abstract No. 751, and being a part of that 250.65
acre tract of land conveyed to Wynnwood Peninsula Partners, L. P. described as Tract 1
in a Special Warranty Deed dated December 21, 2007 and recorded in Document No.
2007-146787 Deed Records Denton County, and being further described as follows:
BEGINNING at a five-eights inch iron rod found for the southeast corner of said 250.65
acre tract of land, said point being in the west line of that tract of land described as Tract
2 conveyed to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169,
Deed Records Denton County;
THENCE along the south line of said 250.65 acre tract of land as follows:
South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a point for
corner;
South 88 degrees 45 minutes 10 seconds West, 801.03 feet to a point for
COMM
corner;
corner;
South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a point for
North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a point for
South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a point for
corner;
North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a point found
for the southwest corner of said 250.65 acre tract of land, said point being in the east line
of Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the west line of said 250.65 acre tract of land and along the east line of
said Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows:
North 24 degrees 36 minutes 59 seconds East, 556.05 feet to a point for
corner;
North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for
corner;
comer;
comer;
corner;
corner;
corner;
corner;
North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for
North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for
South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a point for
North 64 degrees 05 minutes 52 seconds East, 376.74 feet to a point for
North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a point for
North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a point for
North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for
corner;
corner;
corner;
North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for
North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a point for
North 05 degrees 32 minutes 05 seconds East, 662.31 feet to a point for
corner;
North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a point for corner,
said point being the southwest corner of Wynnwood Haven Estates, an addition to the
County of Denton as recorded in Cabinet E, Page 209, Map Records Denton County;
THENCE along the south line of said Wynnwood Haven Estates as follows:
North 83 degrees 53 minutes 31 seconds East, 100.47 feet to a point for
corner;
North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a point for corner;
North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a point for the
southeast corner of said Wynnwood Haven Estates and said point being in the center of
Boyd Road (a prescriptive use right-of-way);
THENCE South 00 degrees 59 minutes 00 seconds East, 435.96 feet along the center of
Boyd Road to a point for corner;
THENCE South 89 degrees 57 minutes 52 seconds East, 974.84 feet to a point in the east
line of said 250.65 acre tract of land;
THENCE along the east line of said 250.65 acre tract of land as follows:
South 52 degrees 16 minutes 41 seconds West, 57.69 feet to a point for
corner;
South 00 degrees 46 minutes 53 seconds East, 2347.37 feet to the POINT OF
BEGINNING and containing 168.28 acres of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
Attachment A
168.28 Acres
N
CAWWr F. PAX ZW
N83'S3'31'E
100.47' NOO^.iS'251W
r 7.13'
IN FEET) N 4.2.2411-1, 1 inch = 600 ft. MOM6'WE 121&8Y
9.5 ~74- '
S52'16'4YW
N50ZW42'E 53.69`
150:71' \
cArszr-urns ELM aw RESERVOR to.
LEMMLLE) A
n ~
EXHIBIT W
u 168.28 ACRES
Q S68'1301
N64"W'52'E a. TRACT 1 t i
r 263. WVNU = PEMgIS" PARTNERS. LP.
370.74' DDC. No. 2W7-1"787 m c
r N8633 OB 1 cz
40323' W ox
y
gib Wa i~
All
~ CJ ~ lU
m N3WW20'W ;
06.29'
140 N7145'3o'E s POINT OF
134.5W 13EGINNING
r^' N04*08'28'W t
8 8.9 . k C R.G. SURVEY A85YRACT NO. 170 ! B.B. d< C R R. SUR Y TRA NO. 182
2. 1w T. W D. UCRETT SUIi~IEY A2S iRAC? k01 t S80'45`1O~W 80'1.03` 31
N6g W s67~se5q S. DAMN S'~RVEv ABSTRACT 9. iDOB
238.88
O
r' J
z
r
a 4>S' n
a ^ J
'Ji 4F
Y ~1
T 7 ~ ~ ~JJ
U + d 1
c
G'ariK 1k \ptw}etw 1FIA906A N~U000- PRCrOBFa-NaE%%~tlTY 7RACT1iy Se»0 !art beauk Saw Tbm 7/14/2000 11:30 AY now IV :inert Pot o" VU/JM 1L'o !Y
EXHIBIT "B"
LEGAL DESCRIPTION - 51.05 ACRES
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract
179, and being a part of that tract of land described as Tract 2, conveyed to Wynnwood Peninsula
Partners, L. P. recorded in Document No. 2007-146787, Deed Records Denton County, and being further
described as follows:
COMMENCING at a Corp of Engineer monument found for the southwest corner of that tract of land
conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document No. 2008-5640, Deed Records
Denton County, said point being in the east line of the Garza-Little Elm Dam and Reservoir (Lake
Lewisville);
THENCE North 89 degrees 35 minutes 43 seconds East, 312.09 feet along the south line of said
Wynnwood tract to a the most southerly southwest corner of said Tract 2 and the POINT OF
BEGINNING of this tract of land;
THENCE along the north line of said Tract 2 and the south line of said Wynnwood tract as follows:
North 36 degrees 51 minutes 46 seconds East, 64.89 feet to a point seven-eights inch iron rod
found for corner;
South 89 degrees 45 minutes 28 seconds East, 562.78 feet to a seven-eights inch iron rod found
for corner;
North 66 degrees 43 minutes 39 seconds East, 2028.02 feet to a seven-eights inch iron rod
found for corner;
North 52 degrees 21 minutes 59 seconds East, 962.29 feet to a seven-eights inch iron rod found
for comer;
South 41 degrees 15 minutes 03 seconds East, 627.56 feet to a seven-eights inch iron rod found
for corner;
North 72 degrees 49 minutes 11 seconds East, 118.05 feet to a point for corner,
THENCE South 00 degrees 02 minutes 08 seconds West, 939.10 feet to a point for comer in the center of
Lebanon Road (a variable width right-of-way, at this point);
THENCE South 89 degrees 05 minutes 25 seconds West, 1199.01 feet to a one-half inch iron rod
found for the most southerly southeast comer of said Tract 2 and said point being at the
intersection of the westerly line of Lebanon Road with the north line of Boyd Road (a
prescriptive use right-of-way);
THENCE along the south line of said Tract 2 and along the north line of Boyd Road as follows:
South 89 degrees 15 minutes 51 seconds West, 1233.55 feet to a one-half inch iron rod found
for corner;
South 88 degrees 48 minutes 30 seconds West, 1320.76 feet to the POINT OF BEGINNING
and containing 2,223,659 square feet or 51.05 acres of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
EXHIBIT "B"
51.05 ACRES
~o
GARZA-LITTLE ELM DAM z
AND RESERVOIR ¢ u
(LAKE LLWSMLLE) u } a
mQ'e<
m'
WY1NPARTNWODOERS. PENINSP.ULA
L
S
DOG NO. 2008-560
Z.
00
GAR7A-TTLE ELM
U
DAM
AND
RESERVOIR
(LAKE LENISAI.LE)
CT`
O
r
N749
EXNMBIT "B"
ad
11&05
~Z
cZ-~
51.05 ACRES
3 Eg
j5
Z
TRACT
Wt1NNN+000 PENINSULA2PART►IERS, LP.
DOG NO. 2007-146787
O ~ Z
Q
a
U r~rh~r~ y.
Y
'
"
ABSTRACT NO. )79
SH-15-51-W 12n W
W
0525
$69
A-179 ~-7507__
N89'35r43"E r,g
512,09 132d76r
By.
.B.. u
ABSTRACT NO. 182
a laz
POINT OF
~
BEGINNING
Do,-
WiNNYYOOD DENNSUJL
VENTURE (TRACT 1)
TRACT 1
DDG NO. 2 0 015-431 8 9
~
WYNNNGOD PENBISULA PARTNERS, LP.
DOG NO. 2007-146767
0771E ELM LSD•
VOL 5077 PG. 2135
GARZA-UTTLE ELM DAM
AND RESERVOIR
(u um m LENISMLLE)
N
( IN FEET }
1 inch = 600 ft.
mwkg it 1P+eJ.at. 1NMOOBA WJI1000-PROP06tD-AINEX-QIY-M=Mdq Sorel By Amok San TYns tha 1238 PM
Pky+ bN PM Oda IA4tM lam FM
EXHIBIT C
EXHIBIT D
ANNEXATION SERVICE PLAN
In connection with the annexation of the tract of land by the City of The Colony, Denton County,
Texas, described in Exhibits "A" and "B", the following service plan is adopted as required by
Section 43.056 of the TEXAS LOCAL GOVERNMENT CODE.
The City of The Colony will, to the extent it provides or authorizes such services itself or
through contractual arrangements with other entities, provide the following services in the area
upon the effective date of the annexation of the area:
(1) Police protection;
(2) Fire protection;
(3) Solid waste collection;
(4) Maintenance of water and wastewater facilities in the annexed area that are not within
the service area of another water or wastewater utility;
(5) Maintenance and operation of roads and streets, including road and street lighting;
(6) Maintenance and operation of parks, playgrounds, and swimming pools;
(7) Maintenance and operation of any other publicly owned facility, building or service;
and
(8) Emergency medical services.
The City of The Colony will also provide other services such as planning, zoning, code
enforcement, subdivision regulation, animal control, court, construction codes and general
administration, to the extent it now provides any such service, on the effective date of the
annexation. Capital services will be provided to the area in accordance with the development
regulations of the City of The Colony at the sole cost of the developers thereof.
Miscellaneous Provisions:
(1) This service plan is valid for ten years. Renewal of the service plan is at the
discretion of the City of The Colony.
(2) This service plan does not require a uniform level of full municipal services to each
area of the City, including the annexed area, if different characteristics of topography, land use,
and population density are considered a sufficient basis for providing different levels of service.
(3) This service plan shall not be amended unless public hearings are held in accordance
with V.T.C.A., Local Government Code, Section 43.052.
Exhibit "D" - Page I
(4) This service plan is adopted as Exhibit "D" to the Ordinance annexing the property
described in Exhibits "A" and "B" to the City of The Colony. The City shall provide the area or
cause the area to be provided with services in accordance with this service plan.
Exhibit "D" - Page 2