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HomeMy WebLinkAboutOrdinance 23520-12-2018CITY OF CROWLEY ORDINANCE NO. 12-2018-355 CITY OF FORT WORTH ORDINANCE NO. 23520-12-2018 JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Fort Worth and the City of Crowley have received a request by B.N. Development Company, Inc. for a boundary adjustment to accommodate a new development called Deer Creek Meadows that will include both commercial and residential development; and WHEREAS, the City of Fort Worth (hereinafter called "FORT WORTH") is a home -rule city located in Tarrant, Wise, Parker, Johnson and Denton Counties; and WHEREAS, the City of Crowley (hereinafter called "CROWLEY") is a home -rule city located in Tarrant and Johnson Counties; and WHEREAS, FORT WORTH and CROWLEY share a common boundary; and WHEREAS, FORT WORTH and CROWLEY now desire to adjust the boundary between the two cities to promote orderly development to insure public safety and effective delivery of municipal services; and WHEREAS, Section 43.015 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes to their boundaries that are less than 1,000 feet in width; and WHEREAS, Section 43.142 of the Texas Local Government Code allows a home -rule municipality to disannex areas in the municipality in accordance with the rules as may be provided by its City Charter; NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF CROWLEY: SECTION 1 Pursuant to Section 43.015 of the Texas Local Government Code, FORT WORTH and CROWLEY hereby agree that the boundary between the cities will be adjusted as set out herein so that 12.864 -acres of land located in CROWLEY city limits, as described and shown in Exhibit "A", and with a width of less than 1,000 feet, will be located in the city limits of FORT WORTH. This land is designated for McPherson Boulevard, as shown in the Master Thoroughfare Plan, and will create an east -west connection from 1-35W to Chisholm Trail Parkway. In accordance with this Joint Ordinance and Boundary Agreement, CROWLEY hereby relinquishes the 12.864 acres described in Exhibit "A" to FORT WORTH and disannexes and discontinues such property as part of CROWLEY city limits. In accordance with the terms of this Joint Ordinance and Boundary Agreement, FORT WORTH accepts and annexes 12.864 acres into its city limits as reflected in Exhibit "A" attached and incorporated herein. Page 1 of 7 SECTION 2 Pursuant to Section 43.015 of the Texas Local Government Code, FORT WORTH and CROWLEY hereby agree that the boundary between the cities will be adjusted as set out herein so that 30.07 - acres of land located in FORT WORTH city limits, as described and shown in Exhibit "B", and with a width of less than 1,000 feet, will be located in the city limits of CROWLEY. In accordance with this Joint Ordinance and Boundary Agreement, FORT WORTH hereby relinquishes the 30.07 acres described in Exhibit "B" to CROWLEY and disannexes and discontinues such property as part of FORT WORTH city limits. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Crowley accepts and annexes 30.07 acres into its city limits as reflected in Exhibit "B" attached and incorporated herein. SECTION 3 This ordinance shall be cumulative of all provisions of the ordinances of the City of Crowley and the City of Fort Worth, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Councils of FORT WORTH and CROWLEY that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 The City of Crowley and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 6 The City of Crowley and the City of Fort Worth agree and ordain that the adoption by both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting from this Agreement do 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 made by the other party. Page 2 of 7 SECTION 7 This joint ordinance and boundary agreement shall become effective and shall become a binding agreement upon the City of Fort Worth and the City of Crowley by the adoption of same in regular open city council meetings of the City of Crowley and the City of Fort Worth. Page 3 of 7 SECTION 8 The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon adoption by both cities, in duplicate originals. 4�4- PAS ED AND APPROVED by the City Council of the City of Fort Worth on this;;/' day of 2018. ATTEST: City Secret APPROVED AS TO FORM AND LEGALITY: �'L��', City Attorney/ Page 4 of 7 h PASSED AND APPROVED by the City Council of the City of Crowley on this �� day of Dr—r eyr'-' be 4' , 2018. Billy Davis, Mayor ATTEST: Q9�� Carol Konhauser, City Secretarye�`''�; APPROVED AS TO FORM AND LEGA ,6YS EAL�® Rob A libbn, City Attorney Page 5 of 7 EXHIBIT "A" Page 6 of 7 GOODWIN a CIVIL ENGINEERS — PLANNERS — SURVEYORS ARSHALL EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED ANNEXATION All that certain lot, tract, or parcel of land, situated in a portion of the J. Jennings Survey, Abstract No. 875, Hiram Walker Survey, Abstract No. 1622, and the Henry Lane Survey, Abstract No. 927, City of Crowley, Tarrant County, Texas, being part of that certain called 209.435 acre tract described in a deed to B.N. Development Company, Inc. recorded in Instrument No. D206387270 of the Deed Records of Tarrant County, Texas (DRTCT), part of that certain called 742.636 acre tract described in a deed to B.N. Development Company, Inc. recorded in Instrument No. D206387271 (DRTCT), and being more completely described as follows, to -wit: BEGINNING at a 1" iron rod found for the most westerly Northwest corner of said 209.435 acre tract, the Southwest corner of a called 39.968 acre tract described in a deed to B.N. Development Company, Inc. recorded in Instrument No. D206387279 (DRTCT), in the East right-of-way line of North Crowley Road, and being in the South City Limit line of the City of Fort Worth per Ordinance No. 6751 and the North City Limit line of the City of Crowley per Ordinance No. 06-2002-10; THENCE North 89 deg. 35 min. 15 sec. East departing said East right-of-way line and continue along a Northwest line of said 209.435 acre tract, the South line of said 39.968 acre tract, and said North and South City Limit lines, at 1456.56 feet pass a 1 " iron rod found for the Southeast corner of said 39.968 acre tract and an ell corner of said 209.435 acre tract, continue a total distance of 5,094.42 feet to an ell corner of said City Limit lines, THENCE South 0 deg. 2 min. 1 1 sec. West along said City Limit lines, a distance of 1 10.00 feet; THENCE South 89 deg. 35 min. 15 sec. West departing said City Limit lines, a distance of 5,093.99 feet to the West line of said 209.435 acre tract and the East right-of-way line of said North Crowley Road; THENCE North 0 deg. 1 1 min. 13 sec. West along said West line and East right-of-way line, a distance of 1 10.00 feet to the POINT OF BEGINNING, containing 560,363 square feet or 12.864 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate PRELIMINARY, this System, North Central Zone (4202), North American Datum document shall not of 1983 as derived from GPS observation. be recorded for any Exhibit map attached and made a part hereof. purpose and shall not be used or viewed or relied upon as a final survey document. Issued for review 9/7/2018 3:56 PM E\10805 -Deer Creek Meadow\COGO\ANNEX\FORT WORTH ANNEXATION.dwg Sheet 1 of 2 TEXAS • 1405 Mustang Drive • Grapevine, TX 76051 • 817.319.4373 • TBPLS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, TN 38115 • 901.881.9188 ARIZONA • 2705 South Alma School Road, Suite 2 • Chandler, AZ 85286 • 602.218.7285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, (0 80111 • 303.459.4861 SL1R-V f SEA GII t' N° 56S JO A13Sf AC CALLED 39.968 ACRES B.N. DEVELOPMENT COMPANY, INC INST. NO. D206387279 D. R. T. C. T. P p�e�o POINT OF I `l�q��b�� rBEGINNING I ��� Oe �G GP 00�. I"LR.F. 1456.56' 1"LR.F_ \�SN 89°35'15" S 89°35'15" W 5093.99' REMAINDER OF CALLED 209.435ACRES B.N. DEVELOPMENT COMPANY, INC. INST NO. D206387270 D. R. T. C. T. R SURVEY M `>VAJ O 1622 III BSTRTA� A LINE TABLE LINE # BEARING DISTANCE L1 S00002'1 1 "W 110.00 L2 N00°11'13"W 110.00 REMAINDER OF CALLED 742.636 ACRES B.N. DEVELOPMENT COMPANY, INC. INST. NO. D206387277 D. R. T C. T. S, GS SURV 71 .1ENNIN CT �°' S5 J AuSTRA` E 5094.42' 0 800 SCALE IN FEET PROPO,SFJ�ANIVFYATION .�O'363SQ. FL'/12y"AC. CITY LIMIT LINE PER FORT WORTH ORDINANCE NO. 6751 CROWLEY ORDINANCE NO. 06-2002-10 1' E SURA Ry LANA, No, II A13SfRA I LOT I, BLOCK I H.F. STEVENS ADDITION CAB. A, SL. 1601 P.R. T C. T. EX IBIT "A" MAP SHOWING PROPOSED ANNEXATION, SITUATED IN A PORTION OF THE J. JENNINGS SURVEY, ABSTRACT NO. 875, HIRAM WALKER SURVEY, ABSTRACT NO. 1622, HENRY LANE SURVEY, ABSTRACT NO. 927 CITY OF CROWLEY, TARRANT COUNTY, TEXAS GOODWIN MARSHALL CIVIL ENGINEERS -- PLANNERS - SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 (817) 329 - 4373 TBPE REGISTRATION # F-2944 TBPLS # 10021700 Job No.: 10805 1 Scale: 1"=800'1 Sheet Drafted: D.M.D. I Checked: J.N.R. 1 2 Surveyed on the Ground: 07/07/2018 of Date Prepared: 9/7/2018 Revised: Revised: 2 J BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. Date Signed: EXHIBIT "B" Page 7 of 7 GOODWIN < CIVIL ENGINEERS — PLANNERS — SURVEYORS EXHIBIT "B" LEGAL DESCRIPTION FOR PROPOSED ANNEXATION All that certain lot, tract, or parcel of land, situated in a portion of the Henry Lane Survey, Abstract No. 927, City of Fort Worth, Tarrant County, Texas, being part of that certain called 742.636 acre tract described in a deed to B.N. Development Company, Inc. recorded in Instrument No. D206387271 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to -wit: COMMENCING at a 3/4" iron rod found for an ell corner of said 742.636 acre tract, the Northwest corner of a called 21.251 acre tract described in a deed to Southeast Investments, Inc. recorded in Volume 12935, Page 282 (DRTCT); THENCE South 0 deg. 3 min. 12 sec. East along an East line of said 742.636 acre tract and the West line of said 21.251 acre tract, a distance of 9.34 feet to the TRUE POINT OF BEGINNING; THENCE South 0 deg. 3 min. 12 sec. East along said East and West lines, a distance of 492.57 feet old 6" wood fence corner for the Northeast corner of a called 4.562 acre tract described in a deed to Texas Electric Service Company recorded in Volume 3548, Page 12 (DRTCT), from which a 1" iron pipe found with 1/2" iron rod inside for the called most southerly Southeast corner of said 742.636 acre tract bears South 89 deg. 42 min. 13 sec. West - 8.12 feet, also from which a 3/4" iron rod found "bent" for the Southwest corner of said 21.251 acre tract bears South 0 deg. 3 min. 12 sec. East - 157.63 feet, also from which a 3/4" iron rod found for the Southeast corner of said 4.562 acre tract bears South 0 deg. 3 min. 12 sec. East - 307.78 feet-, THENCE South 89 deg. 42 min. 13 sec. West departing the West line of said 21.251 acre tract and continue along the South line of said 742.636 acre tract and the North line of said 4.562 acre tract, a distance of 718.07 feet to a West City Limit line of the City of Fort Worth per Ordinance No. 6751 and the East City Limit line of the City of Crowley per Ordinance No. 06-2002-10; THENCE North 0 deg. 2 min. 11 sec. East departing said North and South lines and continue along said City Limit lines, a distance of 3,089.75 feet; THENCE North 89 deg. 35 min. 15 sec. East departing said City Limit lines, a distance of 150.42 feet; THENCE South 45 deg. 34 min. 26 sec. East, a distance of 120.55 feet; E:\10905 -Deer Creek Meadow\COGO\ANNEX\CROWLEYANNEXANON.dwg Sheet 1 of °i TEXAS • 2405 Mustang Drive • Grapevine, TX 76051 • 811.329.4313 • TBPIS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, TN 38115 • 901.881.9188 ARIZONA • 2705 South Alma School Road, Suite 2 • Chandler, Ai 85286 • 602.218.7285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861 GOODWIN ` CIVIL ENGINEERS - PLANNERS - SURVEYORS MARSHALL THENCE South 0 deg. 44 min. 7 sec. East, a distance of 438.16 feet for a Point of Curvature of a circular curve to the left, having a radius of 5,054.50 feet, a central angle of 24 deg. 16 min. 28 sec., and being subtended by a chord which bears South 12 deg. 52 min. 21 sec. East - 2,125.46 feet; THENCE in a Southerly direction along said curve to the left, a distance of 2,141.44 feet to the POINT OF BEGINNING, containing 1,309,869 square feet or 30.070 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. PRELIMINARY, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Issued for review 9/7/2018 4:03 PM E:\10805 -Deer Creek Meadow\CUGO\ANNEX\CRGWLEYANNEXATION.dwg Sheet G Of TEXAS • 2405 Mustang Drive • Grapevine, TX 16051 • 811,329.4313 • TBPLS #10021100 TENNESSEE • 6014 Apple Tree Drive • Memphis, TM 38115 • 901.881.9188 ARIZONA • 2705 South Alma School Road, Suite 2 • Chandler, AZ 85286 • 602.218.1285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861 LU o M 0- 10 w . O REMAINDER OF CALLED 742.636 ACRES B.N. DEVELOPMENT COMPANY, INC. INST. NO. D206387277 D. R. T. C. T. CALLED 8.00 ACRES TEXAS ELECTRIC SERVICE COMPANY VOL. 3541, PG. 516 D.R.T.C.T. o: Go 0 co W CV 0 0 O 0 ►I CALLED 4.562 ACRES—" - TEXAS ELECTRIC SERVICE COMPANY VOL. 3548, PG. 12 D.R.T.C.T. MISSOURI, KANSAS 8, 1 � L3 TEXAS RAILROAD R.O.W. 1 VOL. S, PG. 484, D.R.T.C.T. 1 REMAINDER OF CALLED 742.636 ACRES '_0A B.N. DEVELOPMENT COMPANY, INC. 1 INST. NO. D206387277 1 D. R. T. C. T. 1 PXOPO.S,&9ANXEK47AOX 1 1.709,869j1C9 FI'/30.070A R=5054.50' L=2141.44' 1 0 500 A-24016'28" 1 SCALE IN FEET CB=S12052'21 "E 1 C L=2125.46' 1 LINE TABLE LINE # zOo J Z DISTANCE L1 LU 10p 9.34 L2 �z 492.57 L3 Z¢O 150.42 L4 LLJ UpU 120.55 L5 �Z 438.16 o Z �o 30 W °o W U REMAINDER OF CALLED 742.636 ACRES B.N. DEVELOPMENT COMPANY, INC. INST. NO. D206387277 D. R. T. C. T. CALLED 8.00 ACRES TEXAS ELECTRIC SERVICE COMPANY VOL. 3541, PG. 516 D.R.T.C.T. o: Go 0 co W CV 0 0 O 0 ►I CALLED 4.562 ACRES—" - TEXAS ELECTRIC SERVICE COMPANY VOL. 3548, PG. 12 D.R.T.C.T. MISSOURI, KANSAS 8, 1 � L3 TEXAS RAILROAD R.O.W. 1 VOL. S, PG. 484, D.R.T.C.T. 1 REMAINDER OF CALLED 742.636 ACRES '_0A B.N. DEVELOPMENT COMPANY, INC. 1 INST. NO. D206387277 1 D. R. T. C. T. 1 PXOPO.S,&9ANXEK47AOX 1 1.709,869j1C9 FI'/30.070A R=5054.50' L=2141.44' 1 0 500 A-24016'28" 1 SCALE IN FEET CB=S12052'21 "E 1 C L=2125.46' 1 LINE TABLE LINE # BEARING DISTANCE L1 S000031 2"E 9.34 L2 S000031 2"E 492.57 L3 N89°35'15"E 150.42 L4 S45034'26"E 120.55 L5 S00044'07"E 438.16 1 �+ 1 � � 1 �U 1 � POINT OF 1 COMMENCING -3/4' I.R.F. t- - - - - - L1 C4 POINT OF 1 BEGINNING 1 OLD 6" WOOD FENCE CORNER S 89042'113" W FROM WHICH A 1" I.P.F. W/1/2" I.R. INSIDE BEARS S89°42' 1 TW - 8.12' 718.07 157.63' 3/4" I.R.F. 1 "BENT" 150.15 J CALLED 21.251 ACRES 3/a" I.R.F. SOUTHEAST INVESTMENTS, INC. VOL. 12935, PG. 282 BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINA D. R. T. C. T. SYSTEM NORTH CENTRAL ZONE EXHIBIT "A" MAP SHOWING PROPOSED ANNEXATION, SITUATED IN A PORTION OF THE HENRY LANE SURVEY, ABSTRACT NO. 927 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS GOOD IN MARSHALL CML ENGINEERS - PLANNERS -• SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 (817) 329 - 4373 TBPE REGISTRATION N F-2944 TBPIS N 10021700 Job No.: 10805 i Scale: I"=500'1 Sheet Drafted: D.M.D. I Checked: J.N.R.1 3 Surveyed on the Ground: 07/07/2018 of Date Prepared: 9/7/2018 Revised: Revised: 3 (4202), NORTH AMERICAN DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. PRELIMINARY, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Issued for review 9/7/2018 4:03 PM Date Signed: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/11/2018 - Ordinance No. 23520-12-2018 DATE: Tuesday, December 11, 2018 REFERENCE NO.: L-16172 LOG NAME: 0606BAX-18-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT SUBJECT: Authorize Joint Ordinance and Boundary Agreement with the City of Crowley to Adjust the City Limit Boundaries Between the Cities of Fort Worth and Crowley for 42.934 Acres of Land (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Ordinance and Boundary Agreement between the Cities of Fort Worth and Crowley; and 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION: B.N. Development Company, Inc., contacted staff and requested a meeting to discuss a boundary adjustment between the City of Fort Worth and the City of Crowley. The property is located east of Crowley Road, south of Risinger Road and west of Union Pacific Railroad. The property owner is proposing a commercial and single family development call Deer Creek Meadows (see attached). The proposed development straddles both Fort Worth and Crowley city limits. The property owner is requesting a boundary adjustment to bring residential lots at the southwest corner of proposed McPherson Boulevard and Hemphill Street into Crowley city limits, and proposed McPherson right-of-way into Fort Worth city limits. McPherson Boulevard and Hemphill Street are neighborhood connectors in Fort Worth's Master Thoroughfare Plan (MTP). All of proposed Hemphill Street falls within Fort Worth city limits. Most of proposed McPherson Boulevard falls within Fort Worth city limits. The boundary adjustment will bring the remaining 12.864 acres of proposed McPherson Boulevard into Fort Worth city limits. From a regional perspective, McPherson Boulevard acts as an east -west connection from 1-35W to Chisholm Trail Parkway. Both cities benefit when McPherson Boulevard is fully constructed to MTP standards. The 42.934 acres in the boundary adjustment include the 12.864 acres to the City of Fort Worth and 30.07 acres to the City of Crowley. There are approximately 113 single family lots at the southwest corner of McPherson and Hemphill that are currently proposed within Fort Worth city limits. Twenty of these lots are bisected by the mutual city limits line at midblock. This configuration creates challenges for municipal services, such as water lines, which would dead-end at midblock, as well as building codes and permitting for lots that fall within both city limits. The Texas Local Government Code, Chapter 43.015, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries for areas that are less than 1,000 feet in width. The purpose of Logname: 0606BAX-18-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT Page 1 of 2 these changes in boundaries is to promote orderly development, public safety and effective delivery of municipal services. If the City Council approves the proposed boundary adjustment, the ordinance will be executed between the Cities of Fort Worth and Crowley. The proposed boundary adjustment is located in Fort Worth city limits and COUNCIL DISTRICT 6. This contract will be with a governmental entity, state agency or public institution of higher education: City of Crowley. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): and Department ccoun Project JProgram ctivity Budget I Reference # mou ID ID I Year I (Chartfield 21 FROM Fund Department ccoun Project Program ctivity Budget Reference # mound ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (6122) Randle Harwood (6101) Mary Elliott (7844) ATTACHMENTS 1. Deer Creek Meadows - Site Exhibit (color).pdf (Public) 2. Exhibit A ord.pdf (Public) 3. Exhibit B ord.pdf (Public) 4. FW and Crowley BAX ordinance 11.29.2018 (002).docx (Public) Logname: 0606BAX-18-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT Page 2 of 2