HomeMy WebLinkAboutOrdinance 24899-06-2021CITY OF CROWLEY ORDINANCE NO. 06-2021-430
CITY OF FORT WORTH ORDINANCE NO. 24899-06-2021
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of Fort Worth and the City of Crowley have received a request by
Braum's, Inc. for a boundary adjustment to accommodate construction of a new store on a site
currently located within the City of Fort Worth city limits and City of Crowley city limits; 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 Tess 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 0.341-acres of land located in the John Steele Survey Abstract Number 1381 in the FORT
WORTH city limits, as described and shown in Exhibit "A", and with a width of Tess 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 0.341 acres described in Exhibit "A" 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 0.341 acres into its city limits as reflected in Exhibit "A" attached and
incorporated herein.
Page 1 of 5
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D221315038
1012712021 03:35 PM Page: 1 of 11 Fees: $55.00
ORDINANCE
SUBMITTER: CAROL KONHAUSER
OckAAlkwate
MARY LOUISE NICHOLSON
SECTION 2
It is hereby agreed by FORT WORTH that CROWLEY may provide water service to the
property which is located within FORT WORTH's Certificate of Convenience and Necessity (CCN)
and currently within FORT WORTH's corporate boundaries pursuant to Texas Water Code § 13.255.
It is further agreed that FORT WORTH shall support CROWLEY's request of dual certification to
FORT WORHT and CROWLEY to the Public Utility Commission for this property.
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.
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 2 of 5
SECTION 8
The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon
adoption by both cities, in duplicate originals.
PASSED AND APPROVED by the City Council of the City of Fort Worth on this 22nd day of June
2021.
APPROVED AS TO FORM AND LEGALITY:
ATidLi19-- )414(
CITY ATTORNEY J.tk
ATTEST
CITY SECRETARY
Mayor
ATT- ST:
/ a-4_ /
City Secretary
Page 3 of 5
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PASSED AND APPROVED by the City Council of the City of Crowley on this 3'� day of
(rune , , 2021.
APPROVED AS TO FORM AND LEGALITY
C ITY 9\TTORN EY
ATTEST
OjltaUbn
CITY SECRETARY
Mayor
ATTEST:
0011(4Q
.
City Secretary
Page 4 of 5
EXHIBIT "A"
Page 5 of 5
Boundary Adjustment - Crowley
Release of approximately 0.341 Acres from Council District 6
Fort Worth (CFW)
Fort Worth (CFW)
CFW Extraterritorial Jurisdiction
QSubject Property
Freeways
1,
L.._I County Boundaries
Adjacent Cities
Master Thoroughfare Plan
Land Use
- Commercial Connector
Commercial Mixed Use Street
-• • Neighborhood Connector
— — — System Link
0 50 100 Feet
Exhibit A
1:1,200 FORT WORM,
Development Services Department
06/03/2021
COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA
PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF 'SAID DATA.
rPLOTTED a. .g,6411. .I..�.. .. pW I i.. .LN ow..5...d4 .t..v+...Il' i •.,.t '.0
BRAUM'S EXHIBIT "B"
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TOTAL PROPERTY: 63,106 S.F. (+/-)
i
PROPOSED PROPERTY
Centerline aligns with Drive south of FM1187
FM1187 & East Main Street
Crowley, Texas
BRAUM'S ICE CREAM AND DAIRY STORES
OKLAHOMA
40 0 40 80
i
"ANNEXATION DESCRIPTION"
BEING 0.341 of an acre of land situated in the John Steele Survey, Abstract Number 1381,
City of Fort Worth, Tarrant County, Texas, and being all of that certain tract of land described
as Tract II, as conveyed to Virginia Mitchell Purcell, Timothy M. Purcell, Trustee of the
Timothy M. Purcell Trust, Diane Purcell Dean, Trustee of the Diane Purcell Dean Trust,
Elizabeth M. Potter, Stuart G Potter III, and Kathryn P Schwausch, according to the deed
filed in County Clerk's (C.C.) #D211181787, Deed Records of Tarrant County, Texas
(D.R.T.C.T.), and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the northwest corner of said Tract II, also being
the most easterly northeast corner of Tract I of said (C.C. #D211181787, D.R.T.C.T.), also
being the southeast corner of the remainder of a tract of land conveyed to the City of Crowley,
as recorded in Volume 5385, Page 367, D.R.T.C.T., and being the southwest corner ofa tract
of land conveyed to the City of Crowley, as recorded in Volume 14639, Page 329,
D.R.T.C.T.;
THENCE S 89°01'28" E, along the north line of said Tract II, and along the south line of
said City of Crowley tract (Vol. 14639, Pg. 329), at a distance of 74.95 feet passing a 5/8
inch iron rod with cap stamped "TNP", recovered in the north line of said Tract II, at the
southeast corner of said City of Crowley tract (Vol. 14639, Pg. 329), also being a southwest
corner of the remainder of a tract of land described in deeds to Elizabeth Ann Potter (Und.
50% Int.) of the Partition Deed of Parcel Nine, as recorded in Vol. 5475, Pg. 175, Deed
Records of Tarrant County, Texas (D.R.T.C.T.); and Virginia Mitchell Purcell, Trustee of
the Trusts (Und. 25% Int.), Timothy M. Purcell, Trust (Und. 12.5% Int.) and Diane Purcell
Dean, Trust (Und. 12.5% Int.) of Parcel Nine, as recorded in Vol. 12758, Pg. 536, D.R.T.C.T.
(hereinafter referred to as Potter & Purcell remainder tract), and continuing in all, a distance
of 81.77 feet to the northeast corner of said Tract II, also being a re-entrant corner of said
Potter & Purcell remainder tract;
THENCE S 00°08'33" E, along a west line of said Potter & Purcell remainder tract, and
along the east line of said Tract II, a distance of 163.98 feet to a 5/8 inch iron rod with cap
stamped "TNP", recovered at the southeast corner of said Tract II, also being a southwest
corner of said Potter & Purcell remainder tract, and being in the north Right -of -Way (R-O-
W) line of W. Rendon Crowley Road (F.M. 1187, 300 feet in width), and being the beginning
ofa non -tangent curve to the left whose radius is 5879.58 feet and whose long chord bears S
67°19'35" W, a distance of 88.51 feet;
THENCE along said curve in a southwesterly direction, along the north line of said W.
Rendon Crowley Road, and along the south line of said Tract II, through a central angle of
00°51'45", an arc length of 88.51 feet to a 5/8 inch iron rod with cap stamped "TNP",
recovered at the southwest corner of said Tract II, also being the southeast corner of said
Tract I;
THENCE N 00°08'33" W, along the west line of said Tract II, and along the most easterly
line of said Tract I, a distance of 199.49 feet to the POINT OF BEGINNING and containing
14,848 square feet or 0.341 of an acre of land.
Sheet 1 of 2
POT 12602
Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data Systems
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00012454694 was used to scale grid coordinates and
distances to surface.
Dec. 1, 2020
Theron W. Sims, R.P` (
Texas Registration No. 58B7"
Surveyed on the ground, Nov. 17, 2020
i
Sheet 2 of 2
POT 12602
t
teague nall & perkins
p5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.332.7756 fx
w.tnpine.com / TBPELS Registration No. 100116-00
CITY OF CROWLEY
VOL. 5385, PG. 367
D.R.T.C.T.
(Remainder Tr)
Virginia Mitchell Purcell, Timothy M.
Purcell, Trustee of the Timothy M.
Purcell Trust, Diane Purcell Dean,
Trustee of the Diane Purcell Dean
Trust, Elizabeth M. Potter, Stuart G
Potter III, and Kathryn P Schwausch
C.C. #0211181787, D.R.T.C.T.
(TR. I)
•
1/2" /RF
(CONTROL MON.)
5/8" IR RECOVERED
WITH CAP STAMPED
"TNP"
(CONTROL MON.)
SHEET 3 OF 3
JOB No. POT 12602
L:\PROJECTS\POT12602\cad\survev\0.341 Ac — POT 12602.dwa
W. RENDON CROWLEY RD.
BASIS OFBEARINGS:
Bearings of Tines shown hereon refer to Grid North of the Texas Coordinate System of
1983 (North Central Zone; NAD83(2011) 2010.00) as derived locally from Western Data
Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic
(RTK) methods. An average Combination Factor of 1.00012454694 was used to scale
grid coordinates and distances to surface.
5/8"
74.9 5'
WITH
S89'01'28"E, 81.77'
Virginia Mitchell Purcell,
Timothy M. Purcell, Trustee - -co
of the Timothy M. Purcell Cr'.
et _ Trust, Diane Purcell Dean, - 2
= Trustee of the Diane Purcell .-
• Dean Trust, Elizabeth M.-
OV rn Potter, Stuart G Potter lll, w
Q and Kathryn P Schwausch "
p , C.C. #0211181787 CO
U M D.R.T.C.T. (1R. 11) o
0.341 Ac.
a=00'51'45"
R=5579.55'
L=88.51'
CB=S6T19'35"W
CL=88.51'
0
Date: Dec. 1, 2020
Theron W. Sims, R.P.L., No. 5887
Surveyed on the ground, Nov. 17, 2020
IR RECOVERED
CAP STAMPED
"TNP"
Elizabeth Ann Potter (Und. 50% Int.)
of the Partition Deed of Parcel Nine
Vol. 5475, Pg. 175, D.R.T.C.T. and
Virginia Mitchell Purcell,
Trustee of the Trusts (Und. 25% Int.),
Timothy M. Purcell, Trust (Und. 12.5Z Int.) and
Diane Purcell Dean, Trust (Und. 12.5% Int.)
of Parcel Nine, Vol. 12758, Pg. 536
D.R.T.C.T. (Remainder Tr)
5/8" IR RECOVERED / l
WITH CAP STAMPED �' 1
iftS 0V).
Cg
gEla o s°° 0.341 ACRES OF LAND
ANNEXATION OF
Situated in the John Steele Survey, Abstract No. 1381, City of Fort
Worth, Tarrant County, Texas.
D221315038
ORDINANCE
Pages: 11
Fees: $55.00
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS
10/27/2021 03:35 PM
MARY LOUISE NICHOLSON
COUNTY CLERK