HomeMy WebLinkAboutOrdinance No. 09-1808
OR/ "A144
CITY OF THE COLONY ORDINANCE NO.09-1808 AN ORDINANCE OF THE CITY OF THE COLONY, ANNEXING THE
HEREAFTER DESCRIBED TRACT OF LAND, AS DESCRIBED IN
EXHIBIT A AND DEPICTED IN EXHIBIT B, WHICH ARE ATTACHED
HERETO AND INCORPORATED HEREIN, BEING APPROXIMATELY
40.29 ACRES OF LAND GENERALLY LOCATED WEST OF FM 423 AND
NORTH OF LEBANON ROAD CONTIQUOUS TO AND IN ITS
EXTRATERRITORIAL JURISDICTION 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 tract of land, as described in Exhibit A and
depicted in Exhibit B, being an approximate 40.29 acres of land, is hereby annexed to include the
said tract 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 40.29
acres of land situated in Denton County, Texas, is more fully described in Exhibit A and depicted in
Exhibit B, attached hereto and made a part hereof the same as if copied in full herein.
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
Page 1
TM 37675.76.000
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 C.
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
July, 2009.
APPROVED:
~ G
J E MCC "Y' MAYOR
ATTEST:
vC~l
an'lu
CHRISTIE WILSON, CITY SECRETARY
4
APPROV AS T FO `
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.yt A.
CITY ATTORNEY
(REH/cdb 06-23-09) ti,r
PI
Page 2
TM 37675.76.000
EXHIBIT A
LEGAL, DESCRIPTION 41129 ACRES
BEING a parcel of ]and located in Benton County, Texas, a pail of the B.B.B. & C.R.R.
Survey, Abstract 79, and being a part of that tract of land conveyed to Wynnwood
Peninsula Partners, L.P. recorded in Document No. 2008-5640, Deed Records Benton
County, soul being further described us follows:
BEGINNING 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 Rccords Denton County, said point being in the east line of tite
Garza-Little Elm Darn and Reservoir (Lake Lewisville);
THENCE along the northwesterly boundary line of said Wynnwood tract of lard and the
boundary line of said Garza Little Elm Darn and Reservoir, (Lake Lewisville) as follows:
North 45 degrees 22 minutes 05 seconds East, 575.78 feet to a Corp of
Engineer monument four:d for corner.
South 66 dagroos 13 minutes 05 seconds East, 550.42 feet to a Corp of
Engineer monument found for comer;
North 55 de_at es 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe
post found for corner;
South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a four inch pipe
post fourtl forcomcr;
North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe,
post found forcomer;
North 09 degrees 43 minutes 33 seconds West. 105.85 feet to a four inch pipe
post found for corner;
North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe
post fourd for comer;
South 68 degrees 39 minutes 45 seconds East, 111.43 test to a four inch pipe
post found forcomer;
North 06 degrees 45 minutes 37 seconds Last, 122.63 feet to a four inch pipe
post found for comer;
North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of
nginecr monument found for corner;
North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of
Engineer monument found for comer;
South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of
Engineer nionur=.tent found for comer;
South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe
post found for comer;
South 24 degrees 02 minutes 41 seconds West. 30.84 feet to a four itch pipe
host found for corner;
South 15 degrees 40 minutes 20 seconds Exist, 51,56 feet to a four inch pipe
post found tbreorner;
South 56 dogrees 34 minutes 66 seconds East, 24.94 feet to a tour inch pipe
post found forrorner;
Exhibit A - Page I
TM 37675.76.000
North 57 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe
post found for corner,
South 52 degrees 13 minutes 08 seconds East, 775.93 feet to a Corp of
Engineer monument found for corner;
North 14 degrees 14 minutes 56 seconds Fast, 93.27 feet to a point for corner;
THENCE South 00 dogrecs 02 minutes 48 seconds West, 370.33 feet to a point for corner
in the south line of said Wya twood tract, said point being in the north line of a tract of
land described as Tract 2 conveyed to Wynnwood Peninsula Partners, L.P. as recorded in
Document No. 2007-146787, Deed Records Denton County;
THENCE along the south line of said W}mnwcod Tract and the nortlt line of said Tract 2
as follows:
South 72 degrees 49 minutes 11 seconds West, i 18.05 feet to a seven-eights
inch iron rod found for corner;
North 41 degrees 15 minutes 03 seconds West, 627.56 feet to a seven-eights
inch iron rod found for cornet;
South 52 degrees 21 minutes 59 seconds West, 962.29 feet to a seven-eights
inch iron and found for corner;
South 66 degrees 43 minutes 39 seconds West, 2028.112 feet to a seven-eights
inct iron rod found for corner;
North 89 degrees 45 minutes 28 seconds West, 562.78 feet to a seven-eights
iitcl iron roll found for corner;
South 36 degrees 51 minutes 46 seconds West, 64.89 feet to a point for comer
in the north line of Boyd Road (a pr tiptive use right-of-way);
THENCE South 89 degrees 35 minutes 43 seconds West, 312.69 feet along the north line
of Boyd Road to the POINT OF BEGINNING and containing 1,754,917 square feet or
40.29 acres of land.
This document was prep red under 22 TAC §603.21, dens not reflect the results of an on
the ground survey, and is not to be used to convev or establish interests in real property
except those rights and interests implied or ostablished by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
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June . L.& No. 4172 DAN B, ft:{MM.-.
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Exhibit A - Page 2
TM 37675.76.000
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EXHIBIT B
Depiction of the Property
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Exhibit B
DA-3026716 v2 1287522-00010
EXHIBIT C
ANNEXATION SERVICE PLAN
In connection with the annexation of the tract of land by the City of The Colony, Denton County,
Texas, described in Exhibit "A", 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.
Exhibit C - Page 1
TM 37675.76.000
(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.
(4) This service plan is adopted as Exhibit "B" to the Ordinance annexing the property
described in Exhibit "A" 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 C - Page 2
TM 37675.76.000