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HomeMy WebLinkAboutOrdinance 16785-01-2006CITY SECRETARY CONTRACT NO CITY OF SANSOM PARK ORDINANCE NO ~ / l -d ~ CITY OF FORT WORTH ORDINANCE NO ~' ~~~~ JOINT ORDINANCE AND BOUNDARY AGREEMENT ~I WHEREAS the City of Sansom Park is a general rule city located in Tarrant County Texas; WHEREAS the City of Fort Worth is a home rule city located in Tarrant, Wise, and Denton Counties, Texas; WHEREAS Fort Worth and Sansom Park share a common boundary WHEREAS, the cities of Fort Worth and Sansom Park desire to adjust the boundary between the cities to promote orderly development to insure public safety and municipal services being delivered effecrively WHEREAS Section 43 031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1 000 feet in width; WHEREAS, the area subject to the boundary adjustment is less than 1 000 feet in width, in that the most recent survey of the property that will be transferred to the City of Sansom Park from the City of Fort Worth indicates that the maximum width of the property is 666.37 feet; WHEREAS the areas subject to the boundary adjustment rs less than 1 000 feet in width, in that the most recent survey of the property that will be transferred to the City of Fort Worth from the City of Sansom Park indicates that the maximum width of the property is 293 12 feet WHEREAS, the City of Fort Worth and the City of Sansom Park have agreed that a portion of the true common boundary between the cities be adjusted to allow the approxunately 9 161 acres within by Fort Worths corporate limits to Sansom Park and 1 056 acres within Sansom Park's corporate limits to the City of Fort Worth, NOW THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF SANSOM PARK AND THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1. Pursuant to Section 43 031 of the Texas Local Government Code, the City of Sansom Park and the City of Fort Worth hereby agree that the boundary between the cities will be adjusted as set out herein so that approxunately 9 161 acres located in the City of Fort Worth, as described in Exhibit A, will be located within the city luruts of the City of Sansom Park and that approxunately 1 057 acres located in the city limit of the City of Sansom Park as described in Exhibit `B" will be located in the City of Fort Worth. SECTION 2. In accordance with the terms of this Joust Ordinance and Boundary Agreement, the City of Fort Worth hereby rehnqu~shes approxunately 9 161 acres described in Exhibit A to the City of Sansom Park and disannexes and discontinues such property as a part of the City of Fort Worth. SECTION 3. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Sansom Park accepts and annexes 9 161 acres into its corporate limits as reflected in Exhibit A attached and incorporated herein. SECTION 4. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Sansom Park hereby relinquishes approximately 1 057 acres described in Exhibit `B" to the City of Fort Worth and disannexes and discontinues such property as a part of the City of Sansom 2 Park. SECTION 5. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Fort Worth accepts and annexes 1 057 acres into its corporate limits as reflected in Exlu~bit `B" attached and incorporated herein SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Sansom Park and the City of Fort Worth, except where the provisions of this ordinance are in duect conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It ~s hereby declared to be the intention of the City Councils of Sansom Park and Fort Worth 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 ~unsdiction, 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 8. The City of Sansom Park and the City of Fort Worth do hereby covenant and agree to protect, preserve, and defend the herein descn~ed boundary adjustment. 3 SECTION 9 The City of Fort Worth and the City of Sansom Park agree and ordain that the adoption by both cities of this Joust Ordinance and Boundary Agreement, and the boundary change resulting from this Agreement, do not nutigate, dimuush 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 extraterntorial jurisdiction clauns made by the other party SECTION 10. This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Sansom Park and the City of Fort Worth by the adoption of the same in regular open city council meetings of the City of Sansom Park and the City of Fort Worth. SECTION 11. The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon adoption by both cities, in duplicate originals. APPROVED by the City Council of the City of Sansom Park on this ~ ti T~ day of 2006 ATTEST City Secretary City of Sansom Park BY ~~~~ ~B~r~rA2~/r,ST,Ko~~ Ma r City of Sansom Park 4 APPROVED AS TO FORM AND LEG, ITY rt Attorney City of Sansom Park A PROVED by x2006 the City Council of the City of Fort Worth on this day of ATTEST. ~ '^ r ~~ ~y ~.. .. + y Maid Hendrix,,City ecretary City of Fort Worth APPROVED AS TO FORM AND LEGALITY Sarah Fullenwider Assistant City Attorney B City of Fort Worth SCALE•.',1 =150' ANNEXATION EXHIBIT 9161 ACRES SITUATED IN THE J. ARMENDARIS SURVEY E ABSTRACT N0.63, CITY OF FORT WORTH, TARRANT COUNTY TEXAS. 8s \ / O J ~~ A js ~~• ~ 6 6 NORTHSIDE LAND &DEV L.L.C. ~~ A~ C.C.# D205027844 ~ ~ ~lA j~'C?~GGGG.''' j ~ ~ Y R.P.R.T.C.T v~fi ~tso ~ 1j ` ~ .~? ^a ~~`~ ~' 00~ jy /J~ b~• ~oQ~c~ ~0.. ~o ~b 4~~~~3 ~ ~ ~C j / }~ ~0~~ 6O~ j 11 / 0 1 ~"t` d~ NORTHSIDE LAND &DEV L.L.C. 'Po J~. ~ C.C.# D205027844 ~ '~A R.P.R.T.C.T ~T sUR~~y 9161 acres In"c1RF .~ ENS No• 63 ~~', o,Po~o 1. a~~pC't i ~ \ ~~, ~~Fr' A ~ 9AA~o \ • / \ ~ ~z ~ ~ ~~6j ~ ~~~~~' bb^~ TRACT 19 2.066 acres ~6~,j' ~ `~ ~`RF VOL. 9021, PG. 1749 ry ~ ~ .~j1 D.R.T.C.T ^' s9ssp. ~b~~j ~' NORTHSIDE LAND &DEV L.L.C. A~~~~~y G~S~~ / OF ~, v C.C.# D205027844 C vw O' CITY OF FORT WORTH .~ o. R.P.R.T.C.T ~T ~~~ PARK ~' '"!,SST 9 GJ y~ ~ E a ~ onN .~ ~ ~un~s v NOTES: ~ 4818 O 1) The bearings for this urvey based the uth right-of a~ e of N.W 24th Street, s ~'Ess ~,~~ shown Block 238, Rosen Heights Addition, Second filling, recorded Volume 388-M, Page 321, SUR Plat Records, T rrant County, T DATE: NOV 16, 2005 °" z 2) A portion of the property depicted this urvey lies ithin the :isting 100 Year Flood Plain ~ as shown the Flood Insurance Rate map for T want County nd Incorporated Area, WHITFIELD HALL SURVEYORS z Community Map No. 4843900270 J, Revised August 23, 2000. REGISTERED PROFESSIONAL LAND SURVEYORS 3) This document was prepared nder 22 TAC §663.21, does of etlect the results of the 3559 WILLIAA1ti ROAD, SUITE 107 F FORT WOR"I'li TEXAS 76116 a ground urvey, nd of to be sed to ey establish derests real property ept those iii rights nd nterests implied established by the reation nfiguration of the boundary of (81 ~ 1 ~ti0-2916 U~ the political ubdivision for which it was prepared. PACE 2 OF 2 JOB NO.: 05001 k+ EXHIBIT A ANNEXATION EXHIBIT PROPERTY DESCRIPTIONS Being a 9 161 acre tract of land situated in the J Armendans Survey Abstract No. 63 in the City of Fort Worth, Tarrant County Texas and being a portion of a certain tract of land as described in deed to Northside Land & Development, L.L:C recorded in County Clerk's File No. D205027844 Real Property Records, Tarrant County Texas. The bearings for this survey are based on the south nght-of way line of N W ?4th Street, as shown in Block 238, Rosen Heights Addition, Second filling, recorded in Volume 388-M, Page 321 Plat Records, Tarrant County Texas. Said 9 16l acre tract of land being described by metes and bounds. Beginning at a 1/2 iron rod with plastic cap stamped `RPLS 4818" found at the southernmost southeast corner of said Northside Land & Development tract, also being at the intersection of the southerly nght-of way line of N W 23`d Street and the northerly right-of--way line of McCandless Street; Thence South 44°23'51 West, along the south line of said Northside Land & Development tract, a distance of 666.37 Feet; Thence North 46°13 46 West, departing the south line of said Northside Land & Development tract and over and across said Northside Land & Development tract, a distance of 595.50 Feet; Thence North 44°00'00" East, continuing over and across said Northside Land & Development tract, a distance of 668 74 Feet to the east line of said Northside Land & Development tract; Thence South 46°00'00" East, along the east line of said Northside Land & Development tract, a distance of 600 11 Feet to the POINT OF BEGINNING and containing a computed area of 9 161 Acres, more or less. Compiled from field ties an ecord data on November 16, 2005 by Whitfield-Hall Surveyors. _~ JQ .Williams ,~ ~ r Re ered Professional Land Surveyor ~~` ~~, Texas Registration No 4818 W AM6 This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those nghts and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. \Uohnnys\N'CS105-001 SANSOM PARK\DOC\OSOO1CL.doc Page 1 of 2 EXHIBIT A S SCALE: 1 =100' ANNEXATION EXHIBIT 1057 ACRES AND E 0 442 ACRES IN THE RIGHT-OF WAY SITUATED IN THE J. ARMENDARIS SURVEY ABSTRACT N0.63, CITY OF FORT WORTH, TARRANT COUNTY TEXAS. CALLED 45.112 ACRES RONALD G. ROSEN, BETTY JEAN ROSEN WEIL AND SAM ROSEN VOL. 4976, PG. 922 D.R.T.C.T °~Pr ~iA\'~t~bc+ ~~~~1\~T ?T 1 6~~ '~O. eq~~ w~ / UR~gY ~ ~~ / onasb 5 ~ 55~,~5 ~ AB~RpcT N~ ~eP~~ ~v~bry~L ` 1 APPROXIMATE LOCA7'fON OF SURVEY LINE 1/2"CIRF 82.51 BEVERLY HILLS BAPTIST CHURCH VOL. 2367 PG. S D.R.T.C.T ~/2"IRF NOTES: ~ .POINT OF 517{"IKN' B G1N IN ~ CALLED r/ 2 I / s~R° laya ~ & ~~~ No AgS 1 I ba q ti's ti CITY OF FORT WORTH PARK X60 j~~6', ~' CITY OF FORT WORTH PARK 1.057 acres N88°57'00"W 432.04' VOL. 388-$, PG. 9, P.R'~.C.T 3 4 5 6 I I BLOQK 1 I NORTH BEVERLY HILLS SST VOL. 388!X, PG. 9 P.R.T C.T I I 1) The bearings for this survey are based on the south right-of way line of N.W 24th Street, as shown in Block 238, Rosen Heights Addition, Second filling, recorded in Volume 388-M, Page 321, Plat Records, Tarrant County, Texas. 2) This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. I_ y 3) No portion of the property depicted this survey lies within the existing 100 Year Flood Plain as shown on the Flood Insurance Rate map for Tarrant County and Incorporated Area, Community Map No. 4843900270 J, Revised August 23, 2000. PAGE 3 OF 3 ~ ~ y ~- U a ~ ' a, ~~ DATE: NOV 17 2005 WHITFIELD HALL SURVEYORS `" REGISTERED PROFESSIONAL LAND SURVEYORS c 3559 WILLIAMS ROAD, SUITE 107 c FORT WORTH ,TEXAS 76116 ~ (817)560-2916 U JOB NO.:O5001 ~~,', Exhibit `B" ANNEXATION EXHIBIT PROPERTY DESCRIPTIONS Beim a 1.057 acre tract of land situated in the J Armendaris Survey Abstract No. 63 n the City of Sanson Park, Tarrant County Texas and being a portion of a certain tract of land described in deed td thn CIty df T'drtli Worth, Dond Ctoc:ords, Turrai~tCounty Tuxisg. The bcurings for this survey are based on tl~e south right-of way line of N W 24th Street, as shown in Block 238, Rosen Heights Addition, Second filling, recorded in Volume 388-M, Page 321 Plat Records, Tarrant County Texas. Said l 057 acres of land being described by metes and bounds Beginning at a 5/8" iron rod found in the southerly right-of--way line of McCandless Street, also bung the southwest corner of a tract of land described in deed to the City of tort WorUi, Tarrant County Texas and the northwest corner of North Beverly Hills Estates, an addition to the City of tort Worth, recorded in Volume 388-X, Page 9 Plat Records, Tarrant County Texas; Thence North 44°23'51 East, along the north line of said City of Fort Worth tract and the southerly right-of way line of McCandless Street a distance of 293 12 Feet; Thence South 46°13 46 East, departing the southerly right-of--way line of Mc.t.andless Street and the north line of said City of tort Worth tract and over and across said City o1 Fort Worth tract, a distance of 314.20 Feet to the south line of said City of north Worth tract; Thence North 88°57'00" West, along the south line of said City of Fort Worth tract a distance of 432 04 Feet to the PO1NT OF BEGINNING and containing a computed area of l 0~? Acres, more or less. RIGHT-OF WAY Being a 0 442 acre tract of land situated in the J Armendaris Survey Abstract No 63 in the City of Sansom Park, Tarrant County Texas and being a portion of a certain tract of land in the right-of way of McCandless Street, Sansom Park, Deed Records, Tarrant County Texas. The bearings for this survey are based on the south right-of way line of N W 24th Street, as shown in Block 238 Rosen Heights Addition, Second filling, recorded in Volume 388-M, Page 321 Plat Records, Tarrant County Texas. Said 0 442 acres of land bung described by metes and bounds Beginning at a 5/8" iron rod found in the southerly right-of way line of McCandless Street, also being the southwest corner of a tract of land described in deed to the City of Fort Worth, Tarrant County Texas and the northwest corner of North Beverly Hills Estates, an addition to the City of Fort Worth, recorded in Volume 388-X, Page 9 Plat Records, Tarrant County Texas; Thence North 88°57'00" West, departing the southerly right-of way line of McCandless Street and over and across said right-of way of McCandless Street, a distance of 82.51 Feet to a 1/2 iron rod with plastic cap stamped `RPLS 4818" found in the northerly right-of way line of McCandless Street; \Vohnnys\i\PCs\ll5-001 SANSOM PARK\DOC\OSUOI SCL.dc~c PAC ~ OP3 Exhibit `B" Thence North 44°23'51 East, along the northerly rlght-of way line of McCandless Street, a dlstance of 349 10 Feet; Thence South 46°13 46" East, departing the northerly right-of way lrne of McCandless Street and over and across said right-of way of McCandless Street, a distance of 60 00 Feet to the sourtherly nght-of way line of McCandless Street; Thence South 44°23 51 West, along the southerly right-of way line of McCandless Street, a distance of 293 12 Feet to the POINT OF BEGINNING and containing a computed area 0 442 Acres, more or less. Compiled from field tie d record data on November 17 2005 by Whitfield-Hall Surveyors. ~~~ o D.L. Wi Hams ,~ °F r R gistered Professional Land Surveyor ~~~,~'~~, Texas Registration No 4818 WILLIAaM ~~+ ~ESS8~ ~.L This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. \Uohnnys\MCS\OS-001 SANSOM PARK\DOC\05001_SCL.doc Page 2 of 3 Exhibit `B" Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 1/24/2006 Ordinance No 16785-1 2006 DATE Tuesday January 24 2006 LOG NAME 06SANSOMPARK REFERENCE NO PZ-2661 SUBJECT Approve Joint Ordinance and Boundary Agreement with the City of Sansom Park to Adjust the Boundary between Fort Worth and Sansom Park, Authorization to Execute Interlocal Agreements for the Reconstruction of Beverly Hills Drive and McCandless Street; the Maintenance of Rosen Park, and a Contract Related to Retail Water Service to the Residents of Sansom Park RECOMMENDATION It is recommended that the City Council 1 Approve the attached Joint Ordinance and Boundary agreement with the City of Sansom Park in connection with the Cotton Hills Estates development; 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement; and 3 Authorize the City Manager to execute the two interlocal agreements related to the reconstruction of McCandless Street and Beverly Hills Drive the maintenance of Rosen Park; and the contract related to water service to Sansom Park DISCUSSION In October City staff met with Jack Thompson representing Sansom Park and the Cotton Hills Estates development. The proposed 43 7 acre development is located north of McCandless Street and west of N W 23rd Street. The southeastern 9 161 acres are located in the City of Fort Worth The configuration of existing streets in this area of Fort Worth would make it difficult to incorporate the subdivision into the current street grid To facilitate the development of this residential subdivision it is proposed to move approximately 9 161 acres at the northwest corner of McCandless Street and N W 23rd Street, presently located in the City of Fort Worth to the City of Sansom Park. In exchange the City of Fort Worth would receive approximately 1 057 acres of Rosen Park that is currently within the city limits of the City of Sansom Park. Additionally interlocal agreements will provide for the shared maintenance cost of Fort Worth s Rosen Park and for the cost sharing of the periodic reconstruction of McCandless Street and Beverly Hills Drive which will remain in Fort Worth The water contract will provide for retail water service to the new residential lots to be located in Sansom Park facing N W 23rd Street. This action would allow the residential subdivision to be developed under the guidelines of one city Exhibit A provides a map of the proposed boundary adjustment and legal descriptions. Section 43 031 of the Texas Local Government Code authorized adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1 000 feet in width Approval of the Joint Ordinance and Boundary Agreement will result in movement of approximately 1 057 acres from the City of Sansom Park to Fort Worth Additionally Fort Worth would allow 9 161 acres presently located in the City of Fort Worth to be transferred to the City of Sansom Park. http.//www.cfwnet.org/council~acketlReportslmc~rmt.asp 10/3/2006 Page 2 of 2 This property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by Dale Fisseler (6140) Originating Department Head Bob Riley (8901) Additional Information Contact: Allison Gray (8030) http.//www cfwnet.org/council~acket/Reports/mc~rmt.asp 10/3/2006