HomeMy WebLinkAboutResolution No. 2011-004CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, SCHEDULING THE DATE, TIME, AND PLACE FOR
TWO (2) PUBLIC ANNEXATION HEARINGS ON THE PROPOSED
ANNEXATION OF AN APPROXIMATELY 27.01 ACRE TRACT OR
TRACTS OF LAND, KNOWN AS THE WATER'S EDGE SUBDIVISION,
LOCATED IN THE RICHARD G. DUNLAP SURVEY, ABSTRACT
NUMBER 352; DENTON COUNTY, TEXAS; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND OR CITY STAFF TO
PUBLISH NOTICES OF SUCH PUBLIC HEARINGS; DIRECTING THE
CITY OF THE COLONY'S PUBLIC WORKS DEPARTMENT, CITY
MANAGER, AND OR CITY STAFF TO PREPARE AN ANNEXATION
SERVICE PLAN FOR THE PROPOSED ANNEXATION OF THE
APPROXIMATELY 27.01 ACRES OF LAND ADJACENT TO THE CITY
AND LOCATED WITHIN THE CITY'S EXTRATERRITORIAL
JURISDICTION, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City Council of the City of The Colony, Texas, intends to annex
approximately 27.01 acres of land, generally known as the Water's Edge Subdivision, and
located in the Richard G. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County,
Texas, which is more particularly described and or depicted in Exhibit A, which is attached
hereto and incorporated herein for all purposes (hereinafter referred to as the "Property"); and
WHEREAS, the Property is adjacent to the City's limits, and is located within the
extraterritorial jurisdiction of the City of The Colony, Texas; and
WHEREAS, on or about March 5, 2007, the property owners of the Property, and the
City of The Colony, Texas, entered into an agreement governing land in the extraterritorial
jurisdiction of the City of The Colony, Texas (hereinafter referred to as the "Agreement"),
further, said Agreement was authorized pursuant to Section 212.171 of the Texas Local
Government Code, as amended; and
WHEREAS, Section 3.01 of the Agreement provided that the City of The Colony,
Texas, could not annex the Property until on after January 1, 2011; and
WHEREAS, Section 43.065(a) of the Texas Local Government Code provides that
before the publication of annexation public hearing notices the governing body of the
municipality proposing the annexation must direct its planning department or other appropriate
municipal department to prepare a service plan that provides for the extension of full municipal
services to the area to be annexed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, AS FOLLOWS:
City of The Colony, Texas, and are fully incorporated into the body of this resolution.
Section 2. That on the I" day of March, 2011, at 7:00 p.m., and on the 15"' day of March,
2011, at 7:00 p.m. in the City Hall of the City of The Colony, Texas, the City Council will hold
Public Hearings where all interested persons have the right to appear and be heard on the
proposed annexation by the City of The Colony, Texas, of approximately 27.01 acres of land,
said Property being further depicted in Exhibit A, attached hereto and incorporated herein for all
purposes.
Section 3. That the City Manager and or City Staff of the City of The Colony, Texas, is
hereby authorized and directed to cause notice of such public hearings to be published once in a
newspaper having general circulation in the City of The Colony, Texas, and in the described
territory not more than twenty (20) days nor less than ten (10) days prior to the date of such
meeting, all in accordance with Section 43.063(c) of the Texas Local Government Code.
Section 4. That the City Council of the City of The Colony, Texas, directs the City's Public
Works Department, City Manager, and or City staff to prepare a service plan that provides for
the extension of frill municipal services to the approximately 27.01 acres of land, said Property
being fui Cher depicted in Exhibit A, attached hereto and incorporated herein for all purposes.
Section 5. That the City Council of the City of The Colony, Texas, directs the City's Public
Works Department, City Manager, and or City staff to prepare a service plan which shall provide
frill municipal services by any of the methods by which it extends services to any other area of
the City of The Colony, Texas.
Section 6. That this Resolution shall become effective from and after its passage.
DULY RESOLVED by the City Council of the City of The Colony, Texas, on this the
18"' day of January, 2011.
APPROVED:
&COU o,Mayor
ATTEST:
Christie Wilson, City Secretary
`-,APPRPVED AS TO FORM:
Jeff Mood; City Attorney
i
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Exhibit A
Legal Description
of
Water's Edge Subdivision
Being a tract of land situated in the Richard G. Dunlap Survey, Abstract No. 352, Denton
County, Texas, and encompassing all of The Water's Edge, an addition to Denton County, Texas
as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, and also
encompassing all of The Water's Edge, an addition to Denton County, Texas as recorded in
Cabinet Page 138 of said Plat Records of Denton County, Texas, and also encompassing all of
Water's Edge, an addition to Denton County, Texas as recorded in Cabinet P, Page 70 of said
Plat Records of Denton County, Texas, said tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at a point for the south corner of said The Water's Edge as recorded in Cabinet N,
Page 18 of the Plat Records of Denton County, Texas, said point being in an east line of a tract of
land described as Tract No. G-609 deeded to the United States of America as recorded in
Volume 381, Page 173 of the Deed Records of Denton County, Texas, said point also being in
the west line of a tract of land described as Tract No. G-601 deeded to the United States of
America as recorded in Civil No. 772 of the District Court Records of the United States District
Court for the Eastern District of Texas, Sherman Division;
THENCE North 46 degrees 41 minutes 13 seconds West, with the westerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 394.93 feet to a point for comer;
THENCE North 06 degrees 52 minutes 01 seconds West, with the westerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 390.86 feet to a point for corner;
THENCE North 38 degrees 03 minutes 21 seconds West, with the westerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 479.87 feet to a point for corner;
THENCE North 18 degrees 25 minutes 28 seconds East, with the westerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 191.39 feet to a point for corner;
THENCE North 40 degrees 54 minutes 11 seconds East, with the westerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 797.81 feet to a point for the northwest corner of said
The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas;
THENCE South 58 degrees 49 minutes 36 seconds East, with the northerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 239.38 feet to a point corner;
THENCE South 20 degrees 45 minutes 06 seconds East, with the northerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 452.61 feet to a point for corner;
THENCE North 13 degrees 11 minutes 36 seconds East, with the northerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 374.23 feet to a point for corner;
THENCE North 70 degrees 46 minutes 20 seconds East, with the northerly line of said The
Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, a distance of 267.58 feet to a point for the northeast corner of said
The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton
County, Texas, said point being in an existing west City Limit Line of The Colony
and in the east line of said Tract G-609, said point also being in a west line of Garza-
Little Elm Lake Estates, an addition to the City of The Colony, Denton County,
Texas;
THENCE South 00 degrees 09 minutes 17 seconds West, with the east line of said The Water's
Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas,
with said existing west City Limit Line of The Colony, with the east line of said Tract
G-609 and with the west line of said Garza-Little Elm Lake Estates, a distance of
933.56 feet to a point for an exterior ell corner in the east line of said The Water's
Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas
and for an exterior ell corner in the east line of said Tract G-609, said point being an
interior ell corner in said existing west City Limit Line of The Colony, said point also
being the southeast corner of said Water's Edge as recorded in Cabinet P, Page 70 of
said Plat Records of Denton County, Texas, said point also being the southwest
corner of said Garza-Little Elm Lake Estates, said point also being in the north line of
Haven Hills Mobile Home Estates, an addition to the City of the Colony, Denton
County, Texas;
THENCE North 89 degrees 53 minutes 06 seconds West, with the east line of said The Water's
Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas,
with the south line of said Water's Edge as recorded in Cabinet P, Page 70 of said
Plat Records of Denton County, Texas, with said existing west City Limit Line of The
Colony, with the east line of said Tract G-609 and with the north line of said Haven
Hills Mobile Home Estates, a distance of 654.12 feet to a point for an interior ell
corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat
Records of Denton County, Texas and for an interior ell corner in the east line of said
Tract G-609, said point being an exterior ell corner in said existing west City Limit
Line of The Colony, said point also being the northwest corner of said Haven Hills
Mobile Home Estates;
THENCE South 00 degrees 01 minutes 45 seconds East, with the east line of said The Water's
Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas,
with said existing west City Limit Line of The Colony, with the east line of said Tract
G-609 and with the west line of said Haven Hills Mobile Home Estates, passing at a
distance of 500.00 feet a point for an exterior ell corner in said existing west City
Limit Line of The Colony, said point being the southwest corner of said Haven Hills
Mobile Home Estates and the northwest corner of said Tract No. G-601, in all, a
distance of 794.48 feet to the POINT OF BEGINNING, and containing 1,176,635
square feet or 27.012 acres of land, more or less.
Note:
(1) Basis of Bearing is referenced to the plat of The Water's Edge, an addition to
Denton County, Texas as recorded in Cabinet N, Page 18 of the Plat Records of
Denton County, Texas