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Res 031-2011 4/5/2011 RESOLUTION NO. 31-2011 Resolution Granting A Petition For Annexation For Approximately 4.78 Acres Of Land To The South Of The Parkstone Senior Village Apartments Located At 1727 West Rathgeber Road, Accepting The Service Plan For Said Tract, And Scheduling Two Public Hearings On The Proposed Annexation WHEREAS, the owners of 4.78 acres of land to the south of 1727 West Rathgeber Road have submitted a petition to annex said land into the city limits of Wichita Falls, and arguments for and against said petition were heard on this day; WHEREAS, the City Council finds that all statutory prerequisites for voluntary annexation have been met, and the land is (1) one-half mile or less in width, (2) contiguous to the City of Wichita Falls, and (3) vacant or the residence of fewer than three qualified voters; and WHEREAS, the City Council has reviewed the plan for the provision of municipal services to the annexed area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The attached Petition Requesting Annexation By Area Land Owners is granted in accordance with Texas Local Government Code § 43.038. 2. The Planning Department is directed to prepare the attached Annexation Service Plan for this area, which is found to provide for the extension of full municipal services to the area to be annexed. 3. Two public hearings involving the annexation of this area are authorized and scheduled as follows: The first public hearing is to be held during the City Council meeting on May 3, 2011, and the second public hearing to be held during the City Council meeting on May 17, 2011. PASSED AND APPROVED this the 5 day of April, 201 . MAYOR ATTEST: � � i Clerk � PETITION n� �e��Na ANNFYe.r�ON 9Y q�p LAND nwN�pQ - .,. TO THE GOVERNING BODY OF WICHITA FqLLS TEXqg: The unders(gned owne� of the hereinafter described tract of land, which is vacarrt and without resideMs, or on which fewer than three qual'�fied voters reside, herebY peti�on yaur honorable B as bo include as pert of the Clty of Wichit� � Is ��s�the following de territory, to wit: Beghning at a poirrt ln yie c�enteriine of P southwest oomer of e tract of ��lo�al Drlve and said point being the being a distsnoe of 30 feet and haytng e�d by Ordlnancs 51-20p0, aeid point dso comer of Lot 1, BlocJc 9, Parkabne Addltion�� of N 89• d9' 12' W from the soufhwbat TMENCE S 88° 09' 12` E et epproxMa�ly 5pp.11 feet bp a ppint, seld aoutheast comer of Lot 1� Bbdc !, Paricstvne Add�bn Aofnt beinp �e a��heast carr� of e trsct of land anneuced by Ordinance 61 ��nt elao beln8 the THENCE N 00• 52� 1 T E at approxit�ta�tely gs g,� � e �� � �t line of Lot �� g�� 1� Perkstone Addidon to a point in tl�e south Itne of a Lrac:t of land annerxsd Ordinence 44.Bg� �, THENCE S�° 08' 00� E at 280.02 feet ebnp the soufh Une of a d�ct of land annexed bY Ordinance 44-68 to a potM f�cr the norfheast t�omer of thla trsc� THENCE S 00° 52' 28" W at 308 73 feet b a po�tt for the southeast comer of this tract; THENCE N 89• OS' 31' W at 779.84 feet to a pdr� for the southvveat c�o�� af this }ract, sald poht also bslnp on the osntsrtlne of Pro%ssbnel Drivs and on the east line of a fr�ct of land annexed by OrdManoe 27 THENCE N 00° 4g� 2g- E at 243.361eet alon� �e �ntarline of Profesabne� Drivs, end also alon8 the esat Yne af a tract of land annezed by Or�nancs 27-88, to tl�e PLACE OF BE(31NNlNG and cantalning 4.78 acxea of la� � a �� We �ertify that the above described tract of �e� is ���uous and ad' cent the City of Wi�� F��B� Texas� is not more than one-half mile in width, and that �is Pe��ion 1s signed and duly acknowledg� by ��h and every person having an interest in said land, Signed: `� � ' �% THE STATE OF TEXAS COUN7Y OF �� This instrument was admowiedged before me by� � . on the day of , 20 l. ' : .�� YyµP` �; '. � CHERYL POPE Natsry public s * *� � ►wna wa a trna �,��`� T na r►' G�N�N� l�leu iFMMiI PETITION REQUESTING ANNEXAI'ION BY AREA LAND OWNERS TO THE MAYOR OF THE GOVERNING BODY OF WICHITA FALLS TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualifed voters reside, hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Wichita Falls Texas, the following described territory, to wit: Beginning at a paint in the centerline of Professional Drive and said point being the southwest comer of a tract of land annexed by Ordinance 51-2000, said point also being a distance of 30 feet and having a bearing of N 89° 09' 12" W from the southwest comer of Lot 1, Blodc 1, Parkstane Addition; THENCE S 89° 09' 12" E at approximately 500.11 feet to a point, said point being the southeast oomer of Lot 1, Block 1� Parkstone Addition, said point also being the southeast comer of a tract of land annexed by Ordinance 51-2000; THENCE N 00° 52' 17" E at approximately 65.54 feet along the east line of Lot 'I� Block 1, Parkstone Addition to a point in the south line of a tract of lend annexed by Ordinance 44-98; THENCE S 89° 0$' 00" E at 280.02 feet along the south line of a trect of land annexed by Ordinance 44-98 to a point for the northeast c�omer of this tract; THENCE S 00° 52' 28" W at 3Q8.73 feet to a point for the southeast comer of this tract; THENCE N 89° 09' 31" W at 779.84 feet to a point for the southwest comer of this tract, said point also being on the centerline of Professional Drive and on the east line of a tract of land annexed by Ordinan� 27-88; THENCE N 00° 49' 29" E abng the centerline of P�ofessional Drive, and also along the east line of a tract of land annexed by Ordinance 27-88, to the PlACE OF BEGINNING and containing 4.78 acxes of land mor�e or less. I certify that the above described tract of land is oantiguous and adjacent to the City of Wichita Falls, Texas, is not more than one-half mile in width, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: � .Rat'hgeber Road w � � � � P.O,B, � . � � o S 89d 08' 00" E 0 S 89d 09' 12" E z � 280.02' 3 . � 500.11" � � . M � � M � � ` 4,78 Acres c� � � � 0 779,84' o � N 89d 09' 31" W � � _ a � '� i�"�� ��i,t. �� ��' ,� � a _' � ' � �. � • � ,. 1r� R . . ��: i , a � i. �: '�,( - - � .� � -�� � � �'� � � -� � j �_ �� ._ z ,�, ,��ra � ��- .���. : � w , E - �_ �- � _�, . � � .. , � i _ j - y 4 � J �� ' •– . ; 0 � t � �t = . -- 9 ,� I, I �' � . � ' � � ��Z i � � . . 'j P �f ���� � J � �� _ . � � ��: � � . �E� �.� ����<, , � : �� � f.� F . � .�. .�y.�:. . � � ',,� ; '�3;s t5 � � �};. � t � r Y: � ; �: ��� � �` � "} � �� � � �i�? �� .�. g ..t!�� � � ,.f� ��' , � F. „ {; F ,� g � i, T S �.y�� tg ���� .�' k . y �"_. ,' ry�. ��� � �. r . ' �'�s r?�z *, , • �* . �„ � �,', ;� �i,;.. v"'� r�;; „a. � 4 �', .. _ � — .,- __ – �: k � � „ i '' 'j " ,," ,' , � - ATTACHMENT "A" City of Wichita Falls ANNEXATION SERVICE PLAN 4.78 Acres South of 1727 West Rathgeber Road March 2011 INTRODUCTION Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls has prepared this Service Plan for the delivery of municipal services to an area which is proposed to be annexed into the City. This area of land is shown in a map herein labeled Exhibit A, and further described by field notes in Exhibit B. On June 6, 2000, the City Council passed an ordinance annexing 8.91 acres of land at the corner of West Rathgeber and Crestview Memorial Road (now Professional Drive). The purpose of the annexation was for the development of the Parkstone Senior Village apartment complex located at 1727 West Rathgeber Road. The owners of the complex want to expand the facility to the south and east. In order to do so they must purchase the adjacent land from the current owner Jerry Vieth. Part of the adjacent land is outside the city limits. Mr. Vieth has submitted a petition for annexation of that potion of his land that is outside of the city limits. EXHIBIT A �� / �4 — l �� / ��, l �t �X� , .�, % ". .\ T l ll �� t �'� 1 ,�`" ! � j 1 � ,1 1 �' , � � � � � � - � Area To Be Annexed � $ A RJ 0 � < �"�'.�..� � m 0 d � 3 � L m m U N EXHIBIT B Field Notes Beginning at a point in the centerline of Professional Drive and said point being the southwest corner of a tract of land annexed by Ordinance 51-2000, said point also being a distance of 30 feet and having a bearing of N 89° 09' 12" W from the southwest corner of Lot 1, Block 1, Parkstone Addition; THENCE S 89° 09' 12" E at approximately 500.11 feet to a point, said point being the southeast corner of Lot 1, Block 1, Parkstone Addition, said point also being the southeast corner of a tract of land annexed by Ordinance 51-2000; THENCE N 00° 52' 17" E at approximately 65.54 feet along the east line of Lot 1, Block 1, Parkstone Addition to a point in the south line of a tract of land annexed by Ordinance 44-98; THENCE S 89° 08' 00" E at 280.02 feet along the south line of a tract of land annexed by Ordinance 44-98 to a point for the northeast corner of this tract; THENCE S 00° 52' 28" W at 308.73 feet to a point for the southeast corner of this tract; THENCE N 89° 09' 31" W at 779.84 feet to a point for the southwest corner of this tract, said point also being on the centerline of Professional Drive and on the east line of a tract of land annexed by Ordinance 27-88; THENCE N 00° 49' 29" E at 243.36 feet along the centerline of Professional Drive, and also along the east line of a tract of land annexed by Ordinance 27-88, to the PLACE OF BEGINNING and containing 4.78 acres of land more or less. SERVICES TO BE PROVIDED Police This area will be served using the same standards for response, together with investigative services as provided to other areas of the City. Fire 1. With the current geographic location of the stations, response times to the area will be within acceptable parameters. 2. Fire protection and suppression personnel and equipment from the Wichita Falls Fire Department will be provided upon request using existing personnel and equipment. The services of the City of Wichita Falls Fire Marshal shall be provided within the same time frame. Parks 1. Open park areas for picnicking will be available to any future residents of the annexed area on the same basis as residents presently residing within the City limits. 2. Services provided will be identical to those provided to persons living in other areas of the City. Librarv Library services identical to those services to persons living in other areas of the City will be provided to the annexation area. Solid Waste Collection 1. For any future residential development that may occur in the area, the City will supply curbside automated service by extending our current automated collection service routing. The collection of solid waste from the individual properties and containers shall be made in accordance with usual department scheduling and rates. 2. Commercial refuse collection services will be provided to any business located in the annexed area under the same rate, procedures and regulations as presently provided for any business customer within the City, upon request. 3. The use of the Cities sanitary collection facilities and transfer station(s) will be available to any future residents of the newly annexed area, and on the same basis as those residents living within the City limits. Maintenance of Streets and Roads Maintenance of streets and roads shall be on a level comparable to that provided for other areas of the City with similar roads, equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing street maintenance. Water and Sanitary Sewer Facilities Maintenance 1. Maintenance of water facilities will include those facilities installed by the City or installed according to City standards and specifications. 2. Sanitary Sewer will be in accordance with individual application of septic systems where applicable, which shall be the responsibility of the property owner or tenant. The City will maintain facilities installed by the City or installed according to City standards and specifications. Development 1. Additional extensions of a water system shall be at the expense of the "applicant" as per Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. 2. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. Planninq and Zoninq Services 1. Planning and zoning services will be provided immediately upon annexation. In addition to the protection of property values through the enforcement of zoning and subdivision regulation, other services including the processing of applications for zoning change and site plan review will be provided by existing City staff. 2. Rezoning of properties will be handled in accordance with existing City procedures. Existing use of properties in conflict with permitted uses shall be deemed nonconforming, and shall continue to operate in accordance with Section 6100 of the Zoning Ordinance. Enqineerinq Services Engineering services will be limited to the review of development plans, issuance of permits as required in the development phase, and the inspection of the installation of water and sanitary sewer mains, storm sewers, and the paving of streets and alleys. Building Inspection Services Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City codes and ordinances, will be provided by Building Inspection personnel. Traffic Services Installation of needed or necessary traffic signs, including street name, warning and regulatory signs, will be installed and maintained by existing personnel according to established procedures and priorities. Traffic counts and other related studies will be conducted as warranted, using the same procedures and guidelines as practiced within the City. Environmental Health and Code Enforcement Services 1. Complaints of ordinance violation or other code violations within the area will be answered and investigated by existing personnel. 2. Animal control services will be provided to those areas within the annexed area using existing personnel and equipment. 3. Vector control services will be provided to those areas within the annexed area using existing personnel and equipment. Miscellaneous Services General municipal administration and administrative services of the City will be available to the annexed area beginning with the effective date of the annexation ordinance.