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HomeMy WebLinkAboutContract 26009 Y fif�ECRETARY80'!N �CT NO. lk JOINT RESOLUTION AGREEMENT REGARDING MUNICIPAL BOUNDARIES AND EXTRA-TERRITORIAL JURISDICTION (CITY OF FORT WORTH RESOLUTION NO. ) (CITY OF ROANOKE RESOLUTION NO. 108-R) This Resolution and Agreement is made by and between the City of Fort Worth, a home-rule municipality located primarily in Tarrant and Denton Counties, Texas, and the City of Roanoke, a Type A general law municipality located in Denton County, Texas, each acting herein by and through their duly authorized Mayors, for the purpose of adjusting their municipal boundaries and their respective extra-territorial jurisdiction , and hereby resolving any claims now existing or which may exist involving annexation areas and the extra-territorial jurisdiction that each municipality may annex, provide municipal services, and regulate in accordance with the Texas Local Government Code Whereas, annexations by the cities of Fort Worth and Roanoke and the subsequent extension of their extra-territorial jurisdiction have resulted in municipal boundary and ETJ lines without regard to tract, road and survey lines; Whereas, adjustments to such municipal boundary lines and extra-territorial jurisdiction is desired by each city to provide for more orderly development having regard to tract, road, and survey lines; Whereas, Texas Local Government Code Sections 42.033 and 43.031 authorize Fort Worth and Roanoke to reduce and change their respective extra-territorial jurisdiction and municipal boundary lines; NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY OF FORT WORTH, TEXAS, AND THE CITY OF ROANOKE, TEXAS, THAT: 1. The City of Roanoke hereby releases that certain tract of land containing 70.7 acres, more or less, depicted on Exhibit "A" attached hereto as a tract shaded in red, from its extra-territorial jurisdiction, and agrees that the City of Fort Worth shall have the exclusive right to annex such tract and provide municipal services to such tract. Ago'' FORT WORTH & ROANOKE JOINT RESOLUTION.....page 1 2. The City of Fort Worth hereby releases that certain tract of land containing 18.3 acres, more or less, depicted on Exhibit"A"attached hereto as a tract shaded in blue, from its extra-territorial jurisdiction, and agrees that the City of Roanoke shall have the exclusive right to annex such tract and provide municipal services to such tract. 3. The City of Roanoke hereby releases a portion of that certain tract of land containing 441.9 acres, more or less, described on Exhibit "B" attached hereto as a Tract 1 and depicted on Exhibits "C" and "D" attached hereto, from its extra-territorial jurisdiction, and agrees that the City of Fort Worth shall have the exclusive right to annex such tract and provide municipal services to such tract. Each city acknowledges that the City of Roanoke did not heretofore make a claim to the entire tract made the subject of this section but that the result of this release and agreement will result in the entirety of such tract being located within the extra-territorial jurisdiction of the City of Fort Worth. 4. The City of Roanoke hereby releases that certain tract of land containing 66.4 acres, more.or less, described on Exhibit"B" attached hereto as a Tract 2 and depicted on Exhibits "C" and "D" attached hereto, from its extra-territorial jurisdiction, and agrees that the City of Fort Worth shall have the exclusive right to annex such tract and provide municipal services to such tract. 5. The City of Fort Worth and the City of Roanoke hereby adjust their municipal boundary lines so as to include a tract of land containing 22.9 acres, more or less, depicted on Exhibit "A" attached hereto as a tract shaded in green, and situated south of Henrietta Creek Road and east of Independence Parkway,within the municipal boundaries of the City of Roanoke. The City of Fort Worth agrees to disannex such tract if this boundary adjustment is more than 1000 feet in width as limited by Texas Local Government Code Section 43.031. 6. This resolution and agreement may be filed in the deed records of Denton County, Texas. FORT WORTH & ROANOKE JOINT RESOLUTION.....page 2 r r ' W W I C W J L co' Ld.. LO 4 LA Z I o o ::-:::_. —... •�' ..e..._.._.. 51.x. __ 1A..i, _ o —F- Y ...... . r " gym Q = Q °�° + O O�I M i % X ®F i W LU o � . ............ _.. _ 01 N I df ••i 0 1� cc 0 -Ile W C O I w a L° �, tjo 09 zc Go - r o O Io cr ®0 W I o ; � o I EXHIBIT "B" TRACT I BEING a 441.9 acre tract of land situated in the Lewis Medlin Survey, Abstract No. 830 and the Franklin Huston Survey,Abstract No.597,Denton County,Texas and being a portion of that certain tract of land described in Deed to Ruby Pearl Chadwick as Recorded in Volume 290, Page 218 of the Deed Records of Denton County, Texas. Bearing basis is grid North, NAD83, Texas plane coordinate system, North Central Zone. Said 441.9 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Corps of Engineers monument found marking the Southeast corner of original Chadwick Tract four as described in Volume 290,Page 218 and the Southwest corner of a called 155 acre tract of land conveyed by Byron Nelson to the United States of America by Deed recorded in Volume 373, Page 200 of the Deed Records of Denton County, Texas (D.R.D.C.T.); THENCE S 88046'49" W, along the division line between the Medlin and Huston Surveys, a distance of 424.06 feet to a Corps of Engineers monument found for the Northwest corner of Tract No.F-512A,conveyed to the United States of America by Judgement Cause No.675 of the District Court of the United States of America; THENCE with said Tract F-512A, S 07°35'33" W, at a distance of 2651.0 feet pass a Corps of Engineers monument, in all a distance of 2665.17 feet to a point in a gravel road and in the South line of said Huston Survey; THENCE along the South line of said Huston Survey,S 8902957" W, a distance of 3120.79 feet to point for corner, from said point a 3/8" iron rod found bears N 840 W, a distance of 6.6 feet; THENCE N 00°10'12"E, a distance of 98.18 feet to a 5/8" iron rod capped Carter&Burgess set in the occupied South line of said third tract described in Volume 290, Page 218; THENCE with said line, S 89°28'17" W, a distance of 380.86 feet to a 1/2" iron rod capped "Landes" found marking the most southerly Southeast corner of a called 136.39 acre tract of land conveyed to J. Fred Davis by Deed recorded in Volume 1024, Page 499 D.R.D.C.T.; THENCE with the easterly line of said 136.39 acre tract following calls: N 01°02'17" E, a distance of 702.20 feet to a 4" metal fence post; N 88°44'18" E, a distance of 288.88 feet to a 1/2" iron rod found; N 01°23'51" E, a distance of 101.03 feet to a 1/2" iron rod found; S 89°33'14" E, a distance of 79.24 feet to a 1/2" iron rod found; THENCE N 00010'12" E, with the marked and occupied West line of said Huston Survey and said OW Medlin Survey, a distance of 2896.98 feet to a point in the centerline of Elizabeth Creek; THENCE N 65001'25" W, a distance of 40.18 feet to a point in the centerline of Elizabeth Creek; ''` THENCE N 53053'02" W, a distance of 38.09 feet to a point in the centerline of Elizabeth Creek; THENCE N 00049'36" W, along the marked and occupied West line of said Chadwick Tract, a distance of 1679.02 feet to a 3/8" iron rod found marking the Southwest corner of a 10.34 acre tract described in deed from Ruby Pearl Chadwick to J.Cleo Thompson,et al.,recorded in Volume 560, Page 484 D.R.D.C.T.; THENCE N 89025'03" E,with the South line of said 10.34 acre tract, a distance of 33.93 feet to a 1/2" iron rod found; THENCE N 89048'39" E, with the South line of said 10.34 acre tract, a distance of 399.46 feet to a 5/8" iron rod found; THENCE N 00043'28" W, with the East line of said addition, a distance of 1092.92 feet to a 5/8" iron rod found in the South right-of-way line of State Highway No. 114; THENCE S 89053'01" E,with the South right-of-way line of State Highway No. 114, a distance of 451.20 feet to a 5/8" iron rod found; THENCE along a curve to the right having a radius of 1859.86 feet, a delta angle of 13022'01", a long chord that bears S 8301 O'S 1"E,a distance of 432.92 feet,an arc distance of 433.90 feet to a 5/8" iron rod capped"Carter&Burgess"set; THENCE S 00053'28"E,with the West line of the Brazos Electric Power Coop.,Inc.Tract described in Volume 366,Page 338 and Volume 1042,Page 439 D.R.D.C.T.,at a distance of 331.95 feet pass a 1" iron rod found marking the Southwest comer of said Brazos Tract,in all a distance of 1279.10 feet to a 5/8" iron rod found marking the Southwest comer of a called 43.64 acre tract of land conveyed to Neptune Joint Venture by Deed recorded in Volume 2342, Page 914 D.R.D.C.T.; THENCE N 88028'35" E,with the south line of said 43.64 acre tract, a distance of 1669.48 feet to a 5/8" iron rod found marking the Northwest comer of a called 32.595 acre tract of land conveyed to Louis Manzone by Deed filed 7/23/96 under County Clerk's File No.96-R0050298 D.R.D.C.T.; THENCE S 00037'34" W,with the West line of said 32.595 acre tract,a distance of 1414.39 feet to a 1/2" iron rod found; THENCE N 88005'38" E,with the South line of said 32.595 acre tract,a distance of 1018.09 feet to a 1/2" iron rod found in the West line of said 155 acre U.S.A. Tract; THENCE S 0003925" W, with the West line of said 155 acre U.S.A. Tract, a distance of 1267.89 feet to the place of beginning and containing 441.9 acres of land more or less; TRACT 2 BEING a 66.42 acre tract of land situated in the Franklin Huston Survey,Abstract No. 597,Denton County, Texas and being a portion of that certain tract of land described in Deed to Ruby Pearl Chadwick as recorded in Volume 290, Page 218 of the Deed Records of Denton County, Texas. Bearing basis is grid North,NAD83,Texas plane coordinate system,North Central Zone.Said 66.42 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an old Corps of Engineers monument with top missing found marking the Northeast corner of Tract No.F-512A,conveyed to the United States of America by Judgement Cause No.675 of the District Court of the United States of America and in the east line of said Huston Survey, common with the West line of the M.E.P. & P.R.R. Survey, Abstract No. 943; THENCE S 000 13'28" W,with said Survey line as marked and occupied,a distance of 1987.90 feet to a 5/8" iron rod capped "Carter& Burgess" set for the Southeast corner of said Huston Survey; THENCE S 89°29'57" W, with South line of said Huston Survey, a distance of 1904.35 feet to a point in gravel road; THENCE N 29°07'28" E, at a distance of 20.60 feet pass a Corps of Engineers monument found in the Southeast line of said Tract F-512A in all a distance of 1473.00 feet to a Corps of Engineers monument found for comer; THENCE N 63°01'39" W, continuing with line of said Tract F-512A, a distance of 348.88 feet to a Corps of Engineers monument found for corner; THENCE N 40°46'50" E, continuing with line of said Tract F-512A, a distance of 730.14 feet to a Corps of Engineers monument found for corner; THENCE N 89037'45" E, continuing with line of said Tract F-512A, a distance of 1029.19 feet to the POINT OF BEGINNING, and containing 66.42 acres of land, more or less. ,. all • as - . • I y .L, r / � 1;X 1r - �.. id`s � ��.� - • 3t 3� �:SI•;.Y'2`��.� affl— gz $ � Art S` �.". ♦ ms's h^tl� Vz»+.w a"L"�1:�<`�1 � 1 St���ay��"F`✓�Oy�rS1r f p4 ti',1{' -? �,'07� "C�� IN.�� �:f•f:�l�`/�M+syq�i4�CJ, .�.�i Yw"R`♦5• r 0., rn a it a o (j)m a ell o 04 '_O O 0 YJ 2LLI Wwcr. Uu - ON WZQ = A LLJ �w a O p � i W o z \� O�co QD WOE Or_LL. FZ II� w t M O O LLJ .. f�ti,..1'.�,.f t!�i,�•xs r.ej T.y�,r( /�/ •!--tt %'r r r,. ' C1 ��'�i3 W 7 i It' VLLJ t I i:-? ?T.�,c' * •r` T!ifa{iw,<•'4'.'•'3F.ir:`i. n LLI Or W Y U LLJ P, - . •'... �. Cr- ALL L eig �I iw s LIM it: ri ta S \ I p�! Y - ---- ....... ...--• - - N \ W J Q U 7. This resolution and agreement represents the entire agreement between Fort Worth and Roanoke and supersedes all prior negotiations, representations and/or agreements, either written or oral. This resolution and agreement may be amended only by written instrument signed by the governing bodies of both Fort Worth and Roanoke or those authorized to sign on behalf of those governing bodies. 8. The validity of this resolution and agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this resolution and agreement shall be performable in Denton County, Texas. 9. In the event that any portion of this resolution and agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 10. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this resolution and agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11. This resolution shall be executed in duplicate originals. 12. The City Secretary of each municipality is directed to cause a change in each municipality's map of its boundaries and extra-territorial jurisdiction to be maintained in the office of the City Secretary of each municipality. Passed, approved and resolved by the City Council of the City of Roanoke, Texas, this the 9th day of May, 2000. FORT WORTH & ROANOKE JOINT RESOLUTION.....page 3 CITY OF ROANOKE, TEXAS: Aft 201 Bowie Street Roanoke, Texas 76262 By: zd . F�andy C rn, Mayor Passed, approved and resolved by the City Council of the City of Fort Worth, Texas, this the day of , 2000. CITY OF FORT WORTH, TEXAS: 1000 Throckmorton Street Fort Worth, Texas 76102 By: (,- L'L-4� ('� ., Kenneth Barr, Mayor APPROVED CITY COUNCIL MAY 30 7000 Y � City Secretary of!hc City of Fort Worth,'S.tcaaa FORT WORTH & ROANOKE JOINT RESOLUTION.....page 4 City of Fort Worth, Texas *Vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 PZ-2195 06ROANOKE 1 of 2 SUBJECT JOINT RESOLUTION AND AGREEMENT WITH THE CITY OF ROANOKE TO DISANNEX APPROXIMATELY 22.9 ACRES OF LAND FROM THE CITY OF FORT WORTH SITUATED IN THE F. CUELLA SURVEY, ABSTRACT NO. 267, AND TO RELEASE 18.3 ACRES OF LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH SITUATED IN THE P.L. CARDWELL SURVEY, ABSTRACT NO. 320, THE THOMAS EPPS SURVEY, ABSTRACT NO. 395, AND THE J. SHORT SURVEY, ABSTRACT NO. 1136, AND TO ANNEX 323.0 ACRES OF LAND TO BE RELEASED FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ROANOKE SITUATED IN THE LEWIS MEDLIN SURVEY, ABSTRACT NO. 830 AND THE E. HUSTON SURVEY, ABSTRACT NO. 597, ALL IN DENTON COUNTY, TEXAS RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Resolution and Agreement with the City of Roanoke whereby the City of Fort Worth will disannex the above approximate 22.9 acres of land from its corporate boundaries, and thereafter release the approximate 22.9 acre tract from its extraterritorial jurisdiction (ETJ) so that it may be annexed by the City of Roanoke, and whereby the City of Fort Worth will release the above 18.3 acres of land from its ETJ so that it may be annexed by the City of Roanoke, and whereby the City of Roanoke will release 323.0 acres of land from its ETJ so that it may be considered for annexation by the City of Fort Worth in the future; and 2. Authorize the Mayor to execute the attached Joint Resolution and Agreement. DISCUSSION: The City of Fort Worth and the City of Roanoke have several irregular city limit boundaries and ETJ lines. Staff from the two cities have been discussing for several months possible adjustments to these boundaries which will provide for the more orderly development of the area. There is already one building which is constructed with a split jurisdiction. The building has a Fort Worth address, however, all of the production and tax value is located in the rear portion of the building which is located in Roanoke. Fort Worth in this case has the responsibility of providing service without the corresponding revenue. As a result of these discussions, the respective staffs have recommended that the City of Roanoke release approximately 323 acres from its ETJ to Fort Worth. (This area could then be annexed by Fort Worth in a lateraction.) In return, Fort Worth would disannex and release to Roanoke approximately 22.9 acres located at Henrietta Creek Road and International Parkway and approximately 18.3 acres from the ETJ to Roanoke. (See attached Exhibit.) On May 9, 2000, the City of Roanoke approved the attached Joint Resolution and Agreement which defines the disannexation and annexation responsibilities of both cities. The'properties involved in this Joint Resolution and Agreement are contiguous to COUNCIL DISTRICT 2. City of Fort Worth, Texas "aeon and council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 5/30/00 PZ-2195 06ROANOKE 2 of 2 SUBJECT JOINT RESOLUTION AND AGREEMENT WITH THE CITY OF ROANOKE TO DISANNEX APPROXIMATELY 22.9 ACRES OF LAND FROM THE CITY OF FORT WORTH SITUATED IN THE F. CUELLA SURVEY, ABSTRACT NO. 267, AND TO RELEASE 18.3 ACRES OF LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH SITUATED IN THE P.L, CARDWELL SURVEY, ABSTRACT NO. 320, THE THOMAS EPPS SURVEY, ABSTRACT NO. 395, AND THE J. SHORT SURVEY, ABSTRACT NO. 1136, AND TO ANNEX 323.0 ACRES OF LAND TO BE RELEASED FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ROANOKE SITUATED IN THE LEWIS MEDLIN SURVEY, ABSTRACT NO. 830 AND THE E. HUSTON SURVEY, ABSTRACT NO. 597, ALL IN DENTON COUNTY,TEXAS FISCAL INFORMATON/CERTIFICATION: Approval of the attached Joint Resolution and Agreement will not require the expenditure of funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED CITY Mike Groomer 6140 Y COUNCIL Originating Department Head: MAY 30 2000 Kevin Lasher 8030 (from) Additional Information Contact: CQ, samwta City'Of Fort A�7�a.. Mike Groomer 6140 =QLVTIOA IVO