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HomeMy WebLinkAboutContract 28084o�- a-az �a�: o iN o�-zs-o2 aa :58 i� ���Y� ���� � ������ CITY OF SAGINAW ORDII�TAI�TCE 1lTO. Z U o Z- d? CITY OF FORT WORTH ORD�Ii�ANCE 1v0. � S� Ca � JOINT ORDINA1�iCE AND BOU�ARY AGREEMENT WHEREAS, the City of Saginaw is a home rule c�ty Iocated in Tarrant County, Texas; WHEREAS, the Gity of Fort Warth is a home rule city lacated in Tarrant, Wise and Denton Counties, Texas; WHEREAS, Fo�t Worth and Saginaw share a common boundary; WHEREAS, Hiliwood Enterprises, L.P. {"Hiliwaad") propases to develop approximately 26Q acres of land as a mixed commercial and residential de�elopment to be knawn as Creekwood Additifln (the "Development"); WHEREAS, currently approximate�y 16D acres Qf the Development are Iocated in the City of Fort Worth and appraximately 100 acres are located in the City of Saginaw; WHEREAS, the current boundary between Fort Worth and Saginaw bisacts certain residential lots in the Development; WHEREAS, Hillwood has requested that the City of Saginaw and the City of Fort Worth adjus� the boundary between the cities so that no lots in t�e D�velopment will be located partly in Saginaw and partly in Fart Worth; WHEREAS, Section 43.031 of the Texas LocaI Government Code authorizes adjacent municipalities ta make mutually agreeable changes in their boundaries of areas tnat are less than 1,000 feet in width; WHEREAS, HilIwood has requested that the boundary between the cities be adjustc�d to move a 1.$13-acre tract and a 7.103-acz'e tract �rom Fart Worth to Saginaw and to move a 5.355- acre tract and a 3.559-acre tract from Saginaw to Fort Worth; �, .� � �. , �,1 ,' ���,^�'u��C,. �,�,� ,• „4 - i,. - WHEREAS, each af the ar�as subject to the boundary adjustmenk is less than 1,000 �eet in width; NOW, THEREFORE, BE IT ORDAII�IED A1VD MUTUALLY AGREED BY THE CITY COUIiTC�L OF THE CITY OF SAGIl�IAW AND THE CITY COUNCIL QF THE CITY OF FORT WORTH: SECTIOl� 1. Pursuant to Secrion 43A31 of the Texas Local Government Cade, the City af Saginaw and the City of Fort Worth hereby agree that the baundary I�etween the cities wviil be adjusted as set out herein sa that no lot in khe Devclopment will be located partIy in Fort Worth and partly in Saginaw. SECTIOIri �. In accordance with the tezms of this Joint Ordinance and Boundary Agreement, the City of Fort Worth hereby relinquish�s a 1.813-acre txact described in Exhibit "A" (Tract 1) and a 7.IQ3-acz'e tract described in Exhibit "C" {Tract 3) to the City of Saginaw and disannexes and discantinues such property as a part of the City of Fort Worth. SECTION 3. In accordance with the tezms of ihis Joint Ordinance and Boundary Agreement, the City of Saginaw herehy relinquishes a 5.355-acre tract described in Exhibit "B" (Tract 2} and a 3.559- acre tract described in Exhibit "D" (Tract 4} to the City of Fort WorfI� and disannexes and discontinues such property as a part of the City of Saginaw. SECTION 4. In accordance with the terms of this Jaint Ordinance and Boundary Agreement, the City of Saginaw accepts and annexes Tract 1 and Tract 3 inta its corporate limits, and the City of Fort i� - - I ------� .. .�. " � r Worth accepts and annexes Tract 2 and Tract 4 into its corparate iimits, as reflected in E�ibit `B" attached and incorporated herein. SECTIOI�1 �. This ordinance shall be cumulati�e of all provisions of ordinances of the City af Saginaw and the City of Fort Worth, except where the provisions of this ordinance are in direct conflict with the pro�isions of such ardinances, in which e�ent the conflicting provisions of sach ordinances are hereby repealed. SECTI�lv 6. It is hereby declared to be the intention of the City Cauncils of 5aginaw and Fort Worth that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and sf any phrase, clause, sentence, paragraph or section oi this ardinance shall be declared unconstitutional by the valid }udgme�t or decree of any coiut of competent juri�diction, such uncanstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ardinance, since the same wauld have been enacted without the inearporation in this ordinance of any such uncanstatuiaonal phrase, clause, sentence, paragraph or section. SECTION 7. The City of Saginaw and the City of Fort OVorth do hereby co�enant and agree to protect, prese:rve and defend the herein described boundary adjustment. SECTI4N �. The City of Fort Worth and the City of Saginaw agree and ardain that the adoption by both cities of this Joint Ordinance and Bo�ndary Agreement, and the boundary change :resulting therefrorn, do not mitigate, diminish or lessen in any way the rights• khat eit�er party may have, at 3 .� ' �', s G � 41 — , . Iaw or in equity, to challenge or contest any other annexations, attempted artnexations or extraterritorial jurisdiction claims made by the other pat-�y. SECT�ON 9. Tk�is Soint Ordsnance and Boundary Agreement shall become effactive and shall become a binding agreement upon the City of Saginaw and the City of Fort Worth by the adoption of same in regular open city council meetings of the City of Saginaw and the City of Fort Worth. 5ECTIOnT 10. This soint Ordinance and Boundary Agreement, upan ad�ption by both cities, shall be executed xn duplicate originals by the Mayor of each city. APPROVED, by the City Council of the City of Saginaw on this � day of July, �II17►� ATT'EST: /.� Nelda Mays, City 5ecretary City of Saginaw BY: � �� Frankie Robbins, Mayor City of �aginaw O D A5 TQ FORM Al�D LEGALITY: �_ Mike McEntire, City Attorney City of Saginaw � � APPROVED, by the City Cnuncil of the City of Fart Worth on this o2.J�day of July, F�II1 �. AT"T�ST. , � �laria Pe san, City Secretary CiCy of Fort Worth � APPROVED AS TO FORM AND LEGALITY: BY: �`�i�-� Kenneth Barr, Mayor Ci�y of Fvrt Worth C.-� � � �- �W.y.� � __ Contr�ct Au�lr�ori�+����Yi ._��..�� � �� ���-.�-- � r���� � � Marcella Olson, Deputy City Attorney City af Fort Worth 5 �V 1 •, � EXH�B�T "A" PROPEATY DE5CRIPTIOI�I TRACT 1 STATE OF TEXAS § COUNTY OF TARRANT § BEING a tract af land situated in the H. Rabertson Sur�ey, Abstraci Na. 1798, Tanant County, Texas, being a partion of the First Traet as described in deed to M.R. Weathexby, z�ccorded in Volume 3125, Page 108 oi the Deed Records Tarra�t Go�nty, Texas (DRTCT} and being more particularly described as follows: COMII�NCING at a 112" rebar found in the southwesterly line of Blue Maund Road - F.M. No.155 (ROW Varies), at the interse��ion with the northerly line of Bailey-Boswell Road {ROW Varies) as set out in Right-Of-Way deed recorded �n Volume 12653, Page 922, DRTCT, said point also being the point of curvature of a circular curve; 'TI�NCE N 23°49'l8" W, along the southwesterly line of said Blue Mound Road, a distance of �69.2U feet to the POINT OF BEG�G of the I�erein described tract of land; THENCE departing the southwesterly line of said B�ue Mound Road, tra�ersing said Weatherby First Tzact, as follows: N 89'S4'd1" W, a distance of 702.93 feet to the point of curvature af a non tangent circular curve to Che left, having a radius point that bears N 26"18'O1" W, 1245.00 feet; Northeasterly, aiong said circular curve to the left, having a central angle of Q3° 18'42", an arc distance of 71.96 feet and a chord that bears N 62°02'3$" E, 71.95 feet to a 112" rebalr capped set at the paint of tangency; N 60°23'17" E, a distance of 227.9I feet to a 1/2" rebar cap�ed set; S 89°�4'01" E, a distance of 376.37 feet to a 112" rebar capped set in the southwesterly lina of said Blue Mound Road, frorri which a 112' iron rod capped faund bears N 23"49'18" W, 685.56 %et; THENCE S 23°49'18" E, along the southwesterly line of said Blue Mound Road, a distance of 16D.60 �Eeet to the POINT OF BEGINNING and containing 1.$13 acres of Iand. �"! ': ;;�ii i, i rF . ry;�,f �e � r'U9 EXHIB�T "B" PROPERTY DESCRIPTI�N TRACT 2 STATE OF TEXAS § CQUNTY OF TARRANT § BEING a tract of land situated in the H. Robertson Survey, Abstract No. I798 and the J.P. Alford Survey, Abstract No. 53, Tartant County, Texas, being a pflrtion af the First & Second Tracts as described in de�d to M.R. Weatherby, recarded in � Valume 3125, Page 108 of the Deed Recards Tarrant Cnunty, Texas (DRTCT) and being more particularly described as follows: COA�IlI�NCING at a 1/2" rebar found in the southwesterly line of Blue Mound Road - F.M. Na. 156 (ROW Var�es}, at t�e intersection with the northerly line of Bailey-Boswelt Road (ROW Varies) as set out in Right-��-Way deed recarded in Voiume 12653, Page 922, DRTCT, said point also being the point of cw�vature of a circular curve; THENCE N 23°49'18" W, alang the southwesterly line of said Blue Mound Road, a distance of 669.20 feet; TI�NCE departing �he southwesteri�+ line of said Blue Mound Road, �raversing said Weatk�erby tracts, as follows: N 89°54'0�" W, a distanc� of 702.43 feet to the POINT OF BEGINNING of the herein descri�ed tract o� land, same being the point of curvature af a non tangent circular curve to the right, having a radius point that bears N 26°18'O1" W, 1245A0 feet; So�thwesterly, along said circular cuive ta the right, having a central angle af 26°33'OS", an arc distance of 576.95 feet and a chord that bears S 7b°58'32" W, 571.$0 feet to a 1/2" rebar capped set at the point of tangency; N 89°44'S5" W, a distance oi 144I.43 feet to a 1/2" rebar capped set; N 00°13'DO" E, a distance of 126.02 feet; S 89°54'01" E, a distance of 1998.43 feet to the POINT OF BEGZNNING and containing 5,355 acres of land. :� ri EXHiBTT "C" PROPERTY DESCRIPTIOI� TRACT 3 STATE OF TE�AS § COUNTY OF TAItRA1vT § BEING a tract of land situ�ated in the J.P. Alford Survey, Abstract No. 53, Tarrant County, Texas, being a portion of the Second Tract as described ia� deed to M.R. Weatherby, recorded in Volume 3125, Page 108 o:F the Deed Records Tarrant County, Texas (DRTCT) and being snore partzcularly described as follows: � COMMENCING at a 1/2" rebar fa�nd in the southwesterly line of Blue Mound Road - F.M. No.156 (ROW Varies), at the intersectian with t�e nartherly line af Bailey-Bosweil Road (ROW �Varies) as set out in Right�Of-Way deed recorded in Vol�me 12653, Page 922, DRTCT, said poin� also bei�g the point o�' curvature of a circular c��ve; THENCE N 23`49'18" W, along the southwesterly line of said Blue Mound Rnad, a distance of 659.20 feet; THENCE N 89°54'01" W, departing the sauthwesteriy line of said Blue Mound Road, trav�rsing the First & Second Tracts as described in deed to M.R. Weatherby, recorded in Valume 3 i25, Page 10$, DRTCT, a distance of 27Q0.95 feet ko the POINT QF BEGTNNING of the herein described tract of land; THENCE tra�ersing said Weatherby 5econd Tract, as follows; N 89°54'01" W, a distance af 2132.54 feet; N 63�22'56" E, a distance of 120.55 feet to a 112" rebar capped set; N 78°45'OS" E, a distance a� 303.49 fe�t to a 1/2" rebar capped set; N 27°37'4$" E, a distance of 162.09 feet to a 112" rebar capped set; S 62°22'12" E, paralleI to and 5.00 feet southwesterly of the northeasterly �ine of a 75 faot wide Texas Electric Service Company �ase�nent recarded in Vo�ume 5079, Page 45, DRTCT, a distance of 215.72 feet to a 1/2" rebar capped set; S 89'44'S5" E, a distance of 1461.39 feet; S 00°13'p0" W, a distance of 153.98 feet to the POIN'I' OF BEGTNNING and containing 7.103 acres of land. ' � _, . , ,�,} i� ,, , J� � �'�1� Y ��` •'- � J°,1 "�`� ..� , �� �'. � .. ,�- EXHIBIT "D" (Ps�e 1 of 2) PROPERTY DESCRIPTI41li TRACT 4 STATE OF TEXA5 COUNTY OF TARRANT § BEING a tract of 1and si�uated in the J.P. Alford Surr�ey, Abstract No. 53, Tarrant Caunty, Texas, being a portion of the Second Tract as described in deed to M.R. Weatherby, recorded in Volume 3125, Page IQS of the Deed Recards Tarrant County, Texas (DRTCT} and being more particularly described as fallows: COMII�NC7NG at a 112" rebar faund in �he sauthwesterly line of Blue Mound Raad - F.M. No. 156 (ROW Varies}, at t�e intersecrion witlx the northerly line of Bailey-Boswell Road (ROW Varies) as set out in Right-Of-Way deed recorded in Volurne 12653, Page 922, DRTCT, said point also b�ing the paint of curvature of a circular curve; ' THENCE N 23°49'18" W, alang the sou�hwesterly line of said Blue Mound Road, a distance of 669.20 feet; THENCE N 89°54'O 1" W, departing the southw�sterly line of said Blue Mound Road, �raversing the First & Second Tracts as descrihed in deed to M.R. Weatherby, recorded in Volume 3125, Page 108, DRTCT, a distance of 4$33.�49 �eet to the PQINT OF BEGINNING of the herein described tract of land; THENCE traversing said Weatherby Second Tract, as foIiaws: S 63"22'56" W, a distance of 172.88 feet to a ll2" rebar capped set; S 60"34'15" W, a distance of 219.�L1 feet to a 1/2" rebar capped set; S 74°06'S5" W, a distance of 151.53 feet to a 1/2" rebar capped set; S 85°23'45" W, a distance of 228.D5 feet to a 112" rebar capped set; N 89°47'4$" W, a distance of J.65.59 feet to a 1!2" rebaz' eap�ed set in the east line of the A.T. & S,F. Railroad at the sauti�west corner of ttie herein d�scribed tract, from which a 112" rebar capped fou�d bears S O1°42'Q7" W, 498.34 feet; THENCE N�1 °42'07" E, along the east line of said A.T. & S.F.'Raiiroad and ti'.;�� �.�st .Ii��b �I �a�i�l Weatherby Seeond Tract, a distance of 246.09 feet ta the nort�west corner �rnf tmc' it����i�i �c���;�r��d tract, from which a Sl8" rebar capped found bears N O 1°�2'07" E, 1306.47 i"�°et.- , � EXHIBIT "D" (Page � of 2) PROPERTY DESCRIPTION TRACT 4 THENCE S 89°54'41" E, departing the east Iine of said A.T. & S.P. 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FflRT WQFiTH TO SAGINAW TRNCT 4 3.555 AGFi�S FROM 5AGINAW TO FOFiI' WOFIT}-! � �� � � � ��� cc��i �JL 1 1 � i3 U 1� J.�t�li� �L t�.i' lJ ►3 J11YA.li:r� C� �� ���� ���� � ��'� �� S��`a�i�� JL � �� 4.J 1�' ,1. �L y ��ti3 . .i ll1L� �l !y G�i%G �'o � �� � _ _ .�� _ -� y :_- - ������������ �������������� Depart�nent of Law �A��: August 9, �00� �: Gloria �earson, City �ecretary �ob Riley, ��defopment �irector r� � � I " ����1� V FROM: Marcella Ol�an, 9eputy City Attorney SU�J�Ci: �oundary adjustment with Saginaw Attach�d is original boundary adjustment agreement for Gloria and copy of boundary adjustment agreement for Bob. Gloria, please have your staff file #he original agreement with M& C C-19165 approved by the City Council on July 23, 2002. Bab, please have your staff revise the city limits map to reflect the boundary adjustment if they ha�e not done so already. Thanks. Please call ifi questions. C'ity of �o�t Wo��h, Texas 1����� ��c� �o��cil �o�r�.��.�.c�.tior� DATE REFER�NCE NUMBER LOG NAM� PAGE 7123/02 �_� �� �5 Q6SAGINAW 1 of 2 SUBJECT JO1NT ORDiNANCE AND BQUNDARY AGREEMENT WITH THE CITY OF SAGlNAW TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND SAGWAW IN THE AREA WEST OF BLUE MOUND ROAD AND N�RTH OF BAILEY�BOSWELL ROAD RECOMMENDATI�N: It is recflmmended ihat ihe City Council: �. Approve the attached Joint Ordinance and Boundary Agreement with �he City of Saginaw in connection with development of the Creefcwoad Addition by Hillwood En#erprises, L.P.; and 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. �1SCUSSION: Hiliwood Enterprises, L.P. wishes to de�elop appr4ximately 260 acres in the area west of Blue Mound Road and north of Bailey-Bosweil Road. Approximately 160 acres of the proposed development are currently in the City of Fflrt Worth, and 100 acres are in the City of 5aginaw. Hil�wood Enfierprises, L.P. has re�uested that Fort Wor�h and Saginaw enter into a Jaint �rdinance and Boundary Agreement to adjust t�e baundary line between tha twa cifiies sa that no lots in the development will be locat�d partly in Saginaw and partly in Fort Worth. The development is proposed ta consist of approximateiy 31 acres of commercial d��elopment and 229 acres of residential development. All of the �evelopment in Fort Warth is proposed to be singEe-family residential plus an amenity center. The Zaning Gommission recommended approval of a request for "A-5" One-Family on June �2, 2Q02. Section 43.031 of the Texas Local Government Cade aufhoriz�s adjacent municipalities ta make mutualEy agreeable changes in their boundaries of areas tF�at are less than 1,000 feet in width. Approval of the Joint Or�inance and Bo�ndary Agreement will result ir� mQvement of #wo tracts totaling 8.914 acres from Saginaw to Fort Worth and movement of two tracts fataling 8.916 acres from F'drt Worth to 5aginaw. The Joint Ordinance and Boundary Agre�ment was approved by the Saginaw City Cfluncil on June �8, 2002. Approval of the Jaint Ordinance and Boundary Agreement by both cities will effectuate disannexation and release of 8.9�4 acres by Saginaw and annexatian of such property by Fort Warth and disannexation and release af 8.916 acres by Fart Worth and anr�exation of such pra�erty by Saginaw. The praperty is currently lacated in COUNCIL DISTRICT 2.