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HomeMy WebLinkAboutResolution 2570RESOLUTION NO 99-1033 JOINT RESOLUTION AND AGREEMENT ,, ~ .. SECTION 1 That the following boundary realignment between the City of Fort Worth and the City of Euless, as hereinafter described, is in the interest of the property owners and inhabitants of both cities, and the City of Fort Worth and the City of Euless agree to proceed with due diligence in adopting the necessary annexation and disannexation ordinances adjusting their respective corporate boundaries and conducting all other proceedings necessary to effectuate this agreement. SECTION 2 STATE OF TEXAS COUNTY OF TARRANT § 1~rlf;~iE1Q Res~luf,~n Na. 0'~5 ~/Q CITY SECRETARY CCIVTRAC7' N(~ ~ ~ / ~~ KNOW ALL MEN BY THESE PRESENTS. WHEREAS, the City of Fort Worth is a home-rule city lying and being situated in the Counties of Tarrant anal Denton, State of Texas, and WHEREAS, the City of Euless is a home-rule city lying and being situated within the County of Tarrant, State of Texas, and WHEREAS the Ciry of Fort Worth and the City of Euless desire to adjust their corporate boundary lines whereby the City of fort Worth will disannex from its corporate limits a certain 21.3 acre tract of land and a portion of South Pipeline Road right-of-way and thereafter the City of Euless will annex said land for use in the location, construction and operation of• (1) a building to be used for recreation and recreation support improvements and/or facilities; (2) outdoor recreation improvements; (3) site improvements such as drives, parking, sidewalks, utilities, trails, landscaping which support existing or proposed recreation improvements andlor facilities, and (4) other uses required by the public; NOW THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH.AND THE CITY COUNCIL OF THE CITY OF EULESS. That in reliance upon the representations and covenants made by the City of Euless in paragraph 6 hereof, the City of Fort Worth hereby agrees to disannex from its corporate limits and to release from its extraterritorial jurisdiction the following described property BEING all that certain tract or parcel of land described as Lot 1 Block 1 Flight Instrument Addition, an addition to the Ciry of Fort Worth, Tarrant County Texas, according to the Plat recorded in Volume 388-149 Page 49 of the Plat Records of Tarrant County Texas, the right-of-way dedicated by said plat, and the existing right-of-way of South Pipeline Road, being more particularly described as follows. BEGINNING at the projected intersection of the north right-of-way line of South Pipeline Road and the west right- of-way line of Heather Drive; THENCE East, along the north right-of--way line of South Pipeline Road, 849.3 feet to a point for corner being at the intersection of the northerly projected extension of the east line of said Flight Instrument Addition, THENCE South 00 33 West, crossing said right-of--way and along the east line of said Addition, a distance of 1083 02 feet to a pipe for corner at fence corner THENCE North 89 59' 41 West, along the south line of said Addition, a distance of 857 11 feet to a pipe for corner at a fence corner 4005 C~f~~Oicdl~ ~~~~~~D C6~1 ~~~G~~~QG~~ ~~~ ~~~~,r~~l~;l~ ~z~~a 4^~~r THENCE North 01 26 East, along a fence, a distance of 581 7 feet to the intersection with the projected extension of the northerly right-of-way line of South Pipeline Road, THENCE South 89 50' S3 West, along said projected right-of-way line, a distance of 191 9 feet to a corner being on a curve concave to the northwest and whose chord bearing is North 44 55 23 East; ,~~ THENCE Northeasterly along the northerly right-of-way of South Pipeline Road and curve having a central angle at 89 51 00" a radius of 196 10 feet and arc length of 307 52 feet to the end at curve; THENCE North, along the westerly right-of-way of South Pipeline Road (formerly Heather Drive) a distance of 305 75 feet to the POINT OF BEGINNING and containing 21 3 acres of land, more or less. SECTION 3 That the disannexation of the above described territory by the City of Fort Worth shall automatically effectuate a release and relinquishment to the City of Euless of all extraterritorial jurisdictional rights which the City of Fort Worth may have in said territory SECTION 4 That the City of Euless hereby agrees to annex the territory disannexed and released by the City of Fort Worth, as described in paragraph 2 hereof and shown on Exhibit A hereof and the City of Euless agrees to assume all rights and obligations appurtenant to said territory SECTION 5 That the City of Fort Worth and the City of Euless do hereby covenant and agree to protect, preserve and defend the hereindescribed boundary.realignment. SECTION 6 That in consideration of the City of Fort Worth disannexing said territory from its corporate limits, and releasing to the City of Euless all the extraterritorial jurisdictional rights which the City of Fort Worth may have in said territory the City of Euless represents and covenants that it shall use said territory for• (1) a building to be used for recreation and recreation support improvements and/or facilities; (2) outdoor recreation improvements, (3) site improvements such as drives, parking, sidewalks, utilities, trails, landscaping which support existing or proposed recreation improvements and/or facilities, and (4) other uses required by the public; that in the event the City of Euless fails to use said land for the hereindescribed purposes within five (5) years from the date of mutual approval and execution of this Joint Resolution and Agreement, or in the event the City of Euless ceases to use all or any portion of said land for the hereindescribed purposes or other public use, then the City of Euless shall take all actions necessary to permit the City of Fort Worth to re-annex said territory or portions thereof not used for said purposes. To permit such annexation by the City of Fort Worth, the City of Euless shall (1) disannex said territory or portion thereof from the corporate boundaries of the City~of Euless, (2) release exclusively to the City of Fort Worth all extraterritorial jurisdictional rights which the City of Euless has or may have in said territory or portion thereof• and i3) take such other actions as necessary to effectuate the successful annexation thereof by the City of Fort Worth, including but not limited to, disannexation by the City of Euless of such other land as may be necessary to allow the City of Fort Worth to annex same in order to be contiguous to the territory or portion thereof described in (1) and (2) hereof 4005 SECTION 7 That the City of Fort Worth and the City of Euless agree and resolve that the adoption by both cities of this Joint Resolution and Agreement, and the disannexation and release of the above described territory by the City of Fort Worth, and the annexation thereof by the City of Euless, does .not mitigate, diminish or lessen in any way the rights that either party may have, at law or in equity to challenge or contest any other annexations, attempted annexations or extraterritorial jurisdiction claims make by the other party SECTION 8 That this Joint Resolution and Agreement shall become effective and shall become a binding agreement upon the City of Fort Worth and the City of Euless by the adoption of same in regular open City Council meetings of the City of Fort Worth and the Ciry of Euless. SECTION 9 That this Joint Resolution and Agreement, upon. adoption by both cities, shall be executed in several originals and shall be spread in full on the minutes of each city A copy of this Joint Resolution and Agreement shall be executed by the Mayor and attested by the City Secretary of each city PA SED AND APPROVED by the city council of the City of Fort Worth on this day of 1999 ~> ^, Contract Authorization 6' i7 9q Date ~ ,. n ATT ~ SST ~' '~ .- - 1. ~ ~~ Y _ Gloria Pearson, City cretary -City of Fort Worth ~^ CITY OF FORT WORTH gy. Kenneth Barr Mayor APP , OVED ASTO FORM ND LEGALITY C a puty City Attorney 4005 • PASSED AND APPROVED by the city council of the City of Euless this ~ da 1999 ~ ~~, Y of~_L~ ATTEST ~. ,. -~ ~ ~ n f ... r n rim, City S retary City~of-Euless - ~ ' i r1 ~~ CITY OF EULESS ~f ~ ~, ~~ ~ ~ ~ ti ;~ ti` ~~~ f Y~~ By Mary Lib Saleh, Mayor AP ROV AS TO FROM AND LE . ALITY Bob McFarland, Ci Attorney City of Euless • 4005 r ZS/ .iMH W~ - b~0 ONd7N9/H _ _.-~~~~ _ .c a ~ N W ~ E o 't W zo $w ~ - - __ ~~ 2 1 Nan dN1S~1~J --~~ o ~~ . ~' ~ ~~ ~ ~ ` ~~ vacs l.- _ ~`~W 4 a ;,~ a z ~ o a U O J W a 11C~ ~ S1N3NOd NIO~ OM30' ~i ~ ~ ~ •~~ O11 '^ ~ a H ~ ~ SS31f13 '~`b'3 ~ m CB'F ~ ~ = I ~ _ OZ e ~ Q Y N ~~ ~W ~ ~ = ~ d 4 QN e' O4~ '.. ~JS X b Z=dU u I ` f X ~' Q __ __ __ __ __ _ J ~ W _ _ _ r ~ b'O .(37Nf71S_ _ _ ~ ~ I F3 I ~ l I I C F- ~ W T W i __ N W I.f. J O a U N ~ Z `~ x n. a - z 0 ~o ~, a h m -O ~~ o O ~ o ~o ~o a ~' ~. ~r~6e yr C' ~:1i P Vii: ~., EEi ~I $pcs ~1Cp 1C !, ;~ STATE OF TEXAS § COUNTIES OF TARRANT AND DENTON § I GLORIA PEARSON City Secretary of the City of Fort Worth Texas do hereby certify that the above and foregoing is a true and correct copy of Resolution No 2570 which resolution was duly presented and adopted by the City Council of the City of Fort Worth Texas at a regular session held on the 24tH day of August, A. D 1999 as same appears of record in the Office of the City Secretary WITNESS MY HAND and the Official Seal of the City of Fort Worth Texas this the 2"d day of September A. D 1999 ~~ ~ ~ •,~ `~:-~ ~jj ~~~'~ ~s R-. ~^ f~~ rca /~s 'f}r ~~~Yt~. ~~~ loria Pears n City Secretary City of Fort Worth Texas