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Home My WebLink About025176 - Construction-Related - Contract - City of Euless� , RESOLUTION N0. 99-1033 '' ' �` � ` � � "�i"�'' j�*�n �.� � )OINT RESOLUTION AND AGREEMENT CI � Y SECRETARY CpNTRACT NO . �� u STATE OF TEXAS COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: 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 oFort 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. WHEREAS,'the City of Fort Worth is a home-rule city lying and being situated in the Counties of Tarrant and Denton, State of Texas; and WHEREAS, the Ciry of Euless is a home-rule city lying and being situated within the County of Tarrant, State of Texas; and WHEREAS, the City 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 and/or facilities; and (4) other uses required by the public; NO�N 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 Pl;�t reEorded in Volume 388-149, Rage 49, of the Plat R�cords of Tarrant County, Texas, the right-of-way dedicated by said plat, and the existing Fight-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; � O aoo� � " 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 distanc.e 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; Tt-tEN�� 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. Tlia� 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 deseribed in paragraph 2 hereof and shown on Exhibit "A" hereof, and the City of €uless agrees to assume all rights and obligations appurtenant to said territory. SECTION 5. That the City of �ort Worth and the City of Eufess do hereby covenant and agree to protect, preserve and de%nd't�e 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 buifding 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 s�pport 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 t�e City of Euless ceases to use all or any portion of said land for the hereindescribed purposes or other public use, tfien the City of Euless shall take all actions necessary tp permit the City of Fort Worth to r�annex said: territory or portions thereof not used for said purposes. 7o permit such annexation by the C-iry-of Fort Worti�, the City of Euless sha(i: (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 alf extraterritorial jurisdictionai rights which the City of Euless has or may have in said territory or portion thereof; and (3) 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 aflow 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 othis 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 )oint 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 City of Euless. SECTION 9. That this )oint Resolution and Agreement, upon adoption by both cities, shalf be executed in several originals and shall be spread in full on the minutes of each city. A copy of this )oint Resolution and Agreement shall be executed by the Mayor and attested by the Ciry Secretary of each ciry. ..tPASSED AND APPROVED by the city counci) of the City of Fort Worth on this ��C��day of ��,�cc°�Gt?�� , � 999. �� . ,��~ �1 �I contraet Authorization Cl"�I'�� Date AT;TEST: ��' ' � • f , , /'' I ft�1.�� , / l, rn J Y �.- l i.. tt,! . � l� N��i 1� l+ �loria Pearson, City Secretary, City of Fort Worth CITY OF FORT WORTH 8y: te,�.i.x�.a�., . Kenneth Barr, Mayor APPROVED ASTO FORM AN LEGALI7Y: _ -� �� Deputy City Attorney � 4005 j PASSED AND APPROVED by the city councii of the City of Euless this O+�i� day of , 1999. � ATTEST: � � i ;��'/��/ v� � �n �rim, Ciry(�Secretary, City of Euless CITY OF EULESS B'y: �/ 4�K� �LO�, � � Mary Lib SaF�h, Mayor APPROVE AS Ti O�RO AND GALITY: / // . � �.'`� � �� /� McFariand, ity Attorney, City of Euless / � 0 � 4 4005 -� _ � Q 0 �� ' i � i I' �=i Ia� . I � I�� I � -----�� Iz� � �� . 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E%ISTING PHASE I TME PARKS AT TEXAS STAR i� � �5::::3::�:;r:�! � � �:': W N O y�� Z ^\Y: � ;:;.... y: � EX eULESS �;, NORTH o iqo 2 4 ,c�o� GRAPMIC SCALE IN FEET Schrickel. Rollins and Associates. Inc. Inndscape Architecture • Plonning • Engineering I161 Corporote Ddve Wesl • Suita 200 • Arlinglon, Taxos 76006 �817� 649•3216/Me�ro 640-8212 A PROPOSED P11�SE II THE PARKS AT TExAS STAR SOFTBALL WORLD A7 THE PARKS AT TE%AS STAR EX EULESS CITY LIMITS IMITS EX FORT WORTH CITY L — ��_---- — � 1 I i;iE �— MM C/TY NG CO ON RESULT/ F RT WORT F C/TY O f0 L/M/TS O F EUL ESS. , _ AND C/TY O N 0 � 4 f�! E9TATE SINGLE FAMILY DwELUN6 EX. FORT WORTH CITY EX EULESS CITY LIMITS '-7� � �� ii i� �I I I I I � __ I I� .I �3 I � I I� �I � � H I � � � �S 1 Q K SITE a �. : Il !� EXHIBIT 'A' 4 OO,S LOCATION MAP T H E C I T Y O F ..< July 30, 1999 Mr. Kevin Lasher Development Coordinator Department of Development City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Dear Mr. Lasher: Enclosed are two original, executed copies of the Joint Resolution and Agreement regarding the annexation of property currently in the City of Fort Worth. Once this resolution is approved and executed by Fort Worth officials, please have it recorded and return one copy to our office with the recorded information. If you have any questions, please feel free to contact me at 685-1434. Sincerely, Becky Null, TRMC Deputy City Secretary Encs. 201 N. Ector Drive, Euless, Texas 76039-3595 817/685-1400 • Metro 817/267-4403 • Faac 817/685-1416 . F P � �. ' t � City of Fo�t WoYth, Texas . .. t� ar �nd (��unc�[ �,�mmun�cAt�c�n �� DATE REFERENCE NUMBER LOG NAME PAGE 8/17/99 PZ-2131 06RES 1 of 2 SUBJECT JOINT RESOLUTION AND A REEMENT WfTH THE CITY OF EULESS TO DISANNEX 21.3 ACRES OF LAND FROM THE CITY OF FORT WORTH, AND TO RELEASE SAID LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, SAID LAND BEING SITUATED IN LOT 1, BLOCK 1, FLIGHT INSTRUMENT ADDITION AND ENCOMPASSING A PORTION OF THE SOUTH PIPELINE ROAD RIGHT-OF-WAY RECOMMENDATION: it is recommended that the City Council: 1. Approve the attached Joint Resolution and Agreement with the City of Euless whereby the City of Fort Worth will disannex the above 21.3 acres of land from its corporate boundaries, and thereafter release the 21.3 acre tract from its extraterritorial jurisdiction so that it may be annexed by the City of Euless; and, 2. Authorize the Mayor to execute the attached Joint Resolution and Agreement. DISCUSSION: The City of Euless has requested that the City of Fort Worth disannex 21.3 acres of land so that the City ofi Euless may expand the existing Parks at Texas Star recreational complex and golf course. The City of Euless intends to construct a municipal ice complex and other recreational facilities on the subject land. Fort Worth disannexed the land an which the existing golf course is located (157.956 acres) on January 23, 1996 by Ordinance No. 12371. This current request would provide for the second disannexation related to this complex. The 21.3 acre tract is owned by the City of Euless and is located at the southeast corner of South Pipeline Road and Heather Drive. The tract is also a part of COUNCIL DISTRICT 5. To facilitate the proposed disannexation, the Euless City Council has approvedRthe attached Joint Resolution and Agreement which prescribes that the City of Far� Worth will:disannex the described land and release it from its extraterritorial jurisdiction. Thereafter, the City of Euless will adopt the appropriate ordinance annexing the land into its corporate limits. In addition, the City of Euless has agreed that if it fails to use the subject land for the prescribed purposes within five years from the date of mutual approval of the Joint Resolution and Agreement, or in the event the City of Euless ceases to use all or any portion of the land for the prescribed purposes or other. public use, then the City of Euless shall take actions necessary to permit the City of Fort Worth to reannex the subject land or portions thereof not used for those purposes. Should the Fort Worth City Council desire to accommodate the City of Euless, the appropriate action would be for the City Council to approve the attached Joint Resolution and Agreement, and authorize the Mayor to execute it. Thereafter, the City Council will be presented, as a separate item for consideration, the appropriate ordinance disannexing the subject land from the cor.porate limits of the City of Fort Worth. •L � • City of Fo�t Worth, Texas �i►�c�yar A�d C�uticll �ammun�cAt;an DATE REFERENCE NUMBER LOG NAME PAGE 8/17/99 pZ_213� 06RES 2 of 2 SUBJECT JOINT RESOLUTION AND A REEMENT WITH THE CITY OF EULESS TO DISANNEX 21.3 ACRES OF LAND FROM THE CITY OF FORT WORTH, AND TO RELEASE SAID LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, SAID LAND BEING SITUATED IN LOT 1, BLOCK 1, FLIGHT INSTRUMENT ADDITION AND ENCOMPASSING A PORTION OF THE SOUTH PIPELINE ROAD RIGHT-OF-WAY FISCAL INFORMATION/CERT(FICATION: Approval of the attached Joint Resolution and Agreement will not require the expenditure of City funds. MG:k � _ Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Ann Kovich Additional Information Contact: Ann Kovich I FUND IACCOUNT � (to) � 6140 I � 8901 � (from) I � 8901 I CENTER I AMOUNT CITY SECRETARY ��PPRC?V�D C�T�' ��!�� +�; w�� 1999 % �, i T_ _�� ,��.,.� I Gity S�'��r, cf t'�.a I Cita oi Fa,-t'�IoxiD�, Ta�:as Adopted Resol;��ion ��fl.��