HomeMy WebLinkAboutOrdinance No. 09-1809
CITY OF THE COLONY, TEXAS ORIGINAt
ORDINANCE NO.09-1809 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
4.872 ACRES OF LAND GENERALLY LOCATED WEST OF FM 423,
NORTH OF LEBANON ROAD APPROXIMATELY 4,888 FEET WEST OF
FM 423 BEING IN 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 4.872 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 4.872
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
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TM 37678.76.000
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:
IZ G
E Mc
RRY, MAYOR
ATTEST:
CHRISTIE WILSON, CITY SECRETARY
APPR D AS O F RM:
CI Y ATTORNEY/
(REH/cdb 06-23-09) Lle
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TM 37678.76.000
EXHIBIT A
LEGAL DESCRIPTION - TRACT 1
BEING a parcel of land located in Denton County, Texas, a part of the J. ROBERTSON
SURVEY ABSTRACT No. 1507 and a part of the RICHARD G. DUNLAP SURVEY,
ABSTRACT No. 352, and also being a part of that tract of land described as Tract 2,
conveyed to Wynnwood Peninsula Partners, L. I'. recorded in Document No. 2007-
146787, Dced Records Denton County, and being fu ether described as follows.
BEGINNING at one-half inch iron rod found at the northeast corner of said Tract 2, said
point being the southeast corner of a tract of land conveyed to Wytuneood Peninsula
Partners, L.P. as recorded in Document No. 2008-5640, Deed Records Denton County,
said point also being in the west line of a land described as Tract 2 conveyed to
Waterstone LP as recorded in Document No. 2007-139619, Deed Records Denton
County;
"THENCE South 00 degrees 20 minutes 30 seconds East, 854.99 feet along the east line of
said Tract 2 and the west line of said Waterstone tract to a point for corner in the
centerline of Lebanon Road;
THENCE South 89 degrees 05 minutes 25 seconds West, 219.03 feet along the center of
Lebanon Road to a point for comer;
T[IBNCE North 00 degrees 26 minutes 10 seconds West, 1068.71 feet to a point for
corner in the north line of said Tract 2, said point being in the south line of said
Wynnwood tract;
TI-IUNCE along the north line of said "Tract 2 and the south line of said Wynnwood tract
as follows:
North 72 degrees 49 minutes I I seconds East, 5.98 feet to a point for corner;
South 45 degrees 34 minutes 44 seconds East, 302.88 feet to the POINT OF
BEGINNING and containin- 212,212 square feet or 4.872 acres of land.
-Thi document was prepared under 22 "IAC §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.
Dan B. Ramscy/ .'.L.S. No. 4172
.Iunc 12,'008
vi is
Exhibit A - Page 1
TM 37675.76.000
EXHIBIT B
t
N
IN FEET )
/ P.O.B. 1 inch = 200 (t.
r (TRACT 2)
WYNNWOOD PENINSULA
PARTNERS, L.P. CORP
OItp DOC. NO. 2008-5640 TRACT 2 MOU.
NON FOUND
:q Z. CITY OF =RISCO
H ANNEXATON TRACT
r- ORDINANCE NO. 98-07--03
0)
RRF W/J VIATERSTONE LP
I/ (TRACT 2)
L4 , Doc. NC. 2007-139619
7/8. P.O.B.
IRF (TRACT 1)
1/2"IRF
TRACT 2
WYNNWOOD PENINSULA
PARTNERS, L.P.
DOC. NO. 2007-146787 TRACT 1
Y'-~'"' '
CITY OF THE COLON
ANNEXATION TRACT
ORDINANCE N2 275
LINE TABLE
LINE BEARING _ DISTANCF
L1 500'20'3(,"E _ _850..99'
L2 S89'05'25"W 219.03_'_ _
L3 NOO'26'10"W 1068.71'
L4 \1 72'49'11"E 5.98'
L5 S45'34'44"E 302.88'
L6 SO0'03'49"E 378.39'
LEBANON ROAD L7 N45'34'44'"W 302.8
LL L8 572'49'11"V. 5.98'
L9 I7jCO'26'10"W 126.26'
L10 541'03'50"E 34230'
Exhibit B - Page I
TM 37675.76.000
I
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 "C" 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