HomeMy WebLinkAboutOrdinance 15164._
07-24-02 P01 50 IN
07-25-02 A09 58 IN
CITY OF SAGINAW ORDINANCE NO. 2 0 0 2- v
CITY OF FORT WORTH ORDINANCE NO. S j
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of Saginaw is a home 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 Saginaw share a common boundary;
WHEREAS, Hillwood Enterprises, L.P ("Hillwood") proposes to develop
approximately 260 acres of land as a mixed commercial and residential development to be
known as Creekwood Addition (the "Development");
WHEREAS, currently approximately 160 acres of the Development are located in the
City of Fort Worth and approximately 100 acres are located m the City of Saginaw;
WHEREAS, the current boundary between Fort Worth and Saginaw bisects certain
residential lots in the Development;
WHEREAS, Hillwood has requested that the City of Saginaw and the City of Fort Worth
adjust the boundary between the cities so that no lots in the Development will be located partly in
Saginaw and partly in Fort Worth,
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, Hillwood has requested that the boundary between the cities be adjusted to
move a 1 813-acre tract and a 7 103-acre tract from Fort Worth to Saginaw and to move a 5.355-
acre tract and a 3.559-acre tract from Saginaw to Fort Worth,
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WHEREAS, each of the areas subject to the boundary adjustment is less than 1,000 feet
in width,
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF 5AGINAW 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 Saginaw
and the City of Fort Worth hereby agree that the boundary between the cities will be adjusted as
set out herein so that no lot in the Development will be located partly in Fort Worth and partly in
Saginaw
SECTION 2.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Fort Worth hereby relinquishes a 1 813-acre tract described in Exhibit "A" (Tract 1) and a
7 103-acre tract described in Exhibit "C" (Tract 3) to the City of Saginaw 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 Saginaw hereby 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 Worth and disannexes and
discontinues such property as a part of the City of Saginaw
SECTION 4.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Saginaw accepts and annexes Tract 1 and Tract 3 into its corporate liiruts, and the City of Fort
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Worth accepts and annexes Tract 2 and Tract 4 into its corporate limits, as reflected in Exhibit
"E" attached and incorporated herein.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances of the City of Saginaw
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 6.
It is hereby declared to be the intention of the City Councils of Saginaw 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 junsdiction, 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 7.
The City of Saginaw and the City of Fort Worth do hereby covenant and agree to protect,
preserve and defend the herein described boundary adjustment.
SECTION 8.
The City of Fort Worth and the City of Saginaw agree and ordain that the adoption by
both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting
therefrom, do not mitigate, diminish or lessen in any way the rights that either party may have, at
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law or in equity, to challenge or contest any other annexations, attempted annexations or
extraterritorial jurisdiction claims made by the other party
SECTION 9.
This Joint Ordinance and Boundary Agreement shall become effective 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.
SECTION 10.
This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be
executed in duplicate originals by the Mayor of each city
APPROVED, by the City Council of the City of Saginaw on this ~ day of July,
2002.
ATTEST
Nelda Mays, City Secretary
City of Saginaw
O D AS TO FORM AND LEGALITY:
Mike McEntire, City Attorney
City of Saginaw
BY ~~~ ~ t,
Frankie Robbins, Mayor
City of Saginaw
4
APPROVED, by the City Council of the City of Fort Worth on this o2.J~day of July,
2002.
APPROVED AS TO FORM AND LEGALITY:
F. U~~
Marcella Olson, Deputy City Attorney
City of Fort Worth
BY C`~eU-~~.
Kenneth Barr, Mayor
City of Fort Worth
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EXHIBIT "A"
PROPERTY DESCRIPTION TRACT 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEING a tract of land situated in the H. Robertson Survey, Abstract No. 1798, Tarrant County,
Texas, being a portion of the First Tract as described in deed to M.R. Weatherby, recorded in
Volume 3125, Page 108 of the Deed Records Tarrant County, Texas (DRTCT) and being more
particularly described as follows.
COMMENCING at a 1/2" rebar found in the southwesterly line of Blue Mound Road - F.M. No. 156
(ROW Vanes), at the intersection with the northerly line ofBailey-Boswell Road (ROW Varies) as
set out in Right-Of-Way deed recorded in Volume 12653, Page 922, DRTCT, said point also being
the point of curvature of a circular curve,
THENCE N 23°49'18" W, along the southwesterly line of said Blue Mound Road, a distance of
669.20 feet to the POINT OF BEGINNING of the herein described tract of land,
THENCE departing the southwesterly line of said Blue Mound Road, traversing said Weatherby
First Tract, as follows
N 89°54'01" W, a distance of 702.93 feet to the point of curvature of a non tangent circular
curve to the left, having a radius point that bears N 26°18'01" W, 1245 00 feet;
Northeasterly, along said circular curve to the left, having a central angle of 03°18'42", an arc
distance of 71.96 feet and a chord that bears N 62°02'38" E, 71.95 feet to a 1/2" rebar capped
set at the point of tangency;
N 60°23'17" E, a distance of 227.91 feet to a 1/2" rebar capped set;
S 89°54'01" E, a distance of 376.37 feet to a 1/2" rebar capped set in the southwesterly line of
said Blue Mound Road, from which a 1/2' iron rod capped found bears N 23°49'18" W,.
685.56 feet;
THENCE S 23°49'18" E, along the southwesterly line of said Blue Mound Road, a distance of
160 60 feet to the POINT OF BEGINNING and containing 1 813 acres of land.
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EXHIBIT "B"
PROPERTY DESCRIPTION TRACT 2
STATE OF TEXAS §
COUNTY OF TARRANT §
BEING a tract of land situated in the H. Robertson Survey, Abstract No 1798 and the J.P Alford
Survey, Abstract No. 53, Tarrant County, Texas, being a portion of the First & Second Tracts as
described in deed to M.R. Weatherby, recorded in Volume 3125, Page 108 of the Deed Records
Tarrant County, Texas (DRTCT) and being more particularly described as follows.
COMMENCING at a 1/2" rebar found in the southwesterly line of Blue Mound Road - F.M. No. 156
(ROW Varies), at the intersection with the northerly line ofBailey-Boswell Road (ROW Varies) as
set out inRight-Of-Way deed recorded in Volume 12653, Page 922, DRTCT, said point also being
the point of curvature of a circular curve;
THENCE N 23°49'18" W, along the southwesterly line of said Blue Mound Road, a distance of
669.20 feet;
THENCE departing the southwesterly hne of said Blue Mound Road, traversing said Weatherby
tracts, as follows.
N 89°54'01" W, a distance of 702.93 feet to the POINT OF BEGINNING of the herein
described tract of land, same being the point of curvature of a non tangent circular curve to
the right, having a radius point that bears N 26° 18'01" W, 1245 00 feet;
Southwesterly, along said circular curve to the right, having a central angle of 26°33'05", an
arc distance of 576.95 feet and a chord that bears S 76°58'32" W, 571 80 feet to a 1/2" rebar
capped set at the point of tangency;
N 89°44'55" W, a distance of 1441 43 feet to a 1/2" rebar capped set;
N 00° 13'00" E, a distance of 126 02 feet;
S 89°54'01" E, a distance of 1998 03 feet to the POINT OF BEGINNING and containing
5.355 acres of land.
EXHIBIT "C"
PROPERTY DESCRIPTION TRACT 3
STATE OF TEXAS §
COUNTY OF TARRANT §
BEING a tract of land situated in the J.P Alford Survey, Abstract No. 53, Tarrant County, Texas,
being a portion of the Second Tract as described in deed to M.R. Weatherby, recorded in Volume
3125, Page 108 of the Deed Records Tarrant County, Texas (DRTCT) and being more particularly
described as follows.
COMMENCING at a 1/2" rebar found m the southwesterly line of Blue Mound Road - F.M. No. 156
(ROW Varies), at the intersection with the northerly line ofBailey-Boswell Road (ROW Vanes) as
set out in Right-Of-Way deed recorded in Volume 12653, Page 922, DRTCT, said point also being
the point of curvature of a circular curve,
THENCE N 23°49'18" W, along the southwesterly line of said Blue Mound Road, a distance of
669.20 feet;
THENCE N 89°54'01" W, departing the southwesterly line of said Blue Mound Road, traversing the
First & Second Tracts as described m deed to M.R. Weatherby, recorded in Volume 3125, Page 108,
DRTCT, a distance of 2700 95 feet to the POINT OF BEGINNING of the herein described tract of
land,
THENCE traversing said Weatherby Second Tract, as follows.
N 89°54'01" W, a distance of 2132.54 feet;
N 63°22'56" E, a distance of 120.55 feet to a 1/2" rebar capped set;
N 78°46'05" E, a distance of 303 49 feet to a 1/2" rebar capped set;
N 27°37'48" E, a distance of 162.09 feet to a 1/2" rebar capped set;
S 62°22'12" E, parallel to and 5.00 feet southwesterly of the northeasterly line of a 75 foot
wide Texas Electric Service Company easement recorded in Volume 5079, Page 45,
DRTCT, a distance of 215 72 feet to a 1/2" rebar capped set;
S 89°44'55" E, a distance of 1461.39 feet;
S 00°13'00" W, a distance of 153 98 feet to the POINT OF BEGINNING and containing
7 103 acres of land.
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EXHIBIT "D"
(Page 1 of 2)
PROPERTY DESCRIPTION TRACT 4
STATE OF TEXAS
COUNTY OF TARRANT §
BEING a tract of land situated in the J.P Alford Survey, Abstract No 53, Tarrant County, Texas,
being a portion of the Second Tract as described m deed to M.R. Weatherby, recorded in Volume
3125, Page 108 of the Deed Records Tarrant County, Texas (DRTCT) and being more particularly
described as follows
COMMENCING at a 1/2" rebar found in the southwesterly line of Blue Mound Road - F.M. No. 156
(ROW Varies), at the intersection with the northerly line ofBailey-Boswell Road (ROW Varies) as
set out in Right-Of-Way deed recorded in Volume 12653, Page 922, DRTCT, said point also being
the point of curvature of a circular curve,
THENCE N 23°49'18" W, along the southwesterly line of said Blue Mound Road, a distance of
669.20 feet;
THENCE N 89°54'01" W, departing the southwesterly line of said Blue Mound Road, traversing the
First & Second Tracts as described in deed to M.R. Weatherby, recorded m Volume 3125, Page 108,
DRTCT, a distance of 4833 49 feet to the POINT OF BEGINNING of the herein described tract of
land,
THENCE traversing said Weatherby Second Tract, as follows.
S 63°22'56" W, a distance of 172.88 feet to a 1/2" rebar capped set;
S 60°34'15" W, a distance of 219 41 feet to a 1/2" rebar capped set;
S 74°06'55" W, a distance of 151.53 feet to a 1/2" rebar capped set;
S 85°23'45" W, a distance of 228 06 feet to a 1/2" rebar capped set;
N 89°47'48" W, a distance of 165.59 feet to a 1/2" rebar capped-set in the east line of the A.T
& S.F Railroad at the southwest corner of the herein described tract, from which a 1/2" rebar
capped found bears S O1°42'07" W, 498.34 feet;
THENCE N O1°42'07" E, along the east line of said A.T & S.F Railroad and the west line of said
Weatherby Second Tract, a distance of 246 09 feet to the northwest corner of the herein described
tract, from which a 5/8" rebar capped found bears N O 1°42'07" E, 1306 47 feet;
EXHIBIT "D"
(Page 2 of 2)
PROPERTY DESCRIPTION TRACT 4
THENCE S 89°54'01" E, departing the east line of said A.T & S.F Railroad, traversing said
Weatherby Second Tract, a distance of 877 O1 feet to the POINT OF BEGINNING and containing
3.559 acres of land.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/23/02 C-19165 06SAGINAW 1 of 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF SAGINAW
TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND SAGINAW IN THE
AREA WEST OF BLUE MOUND ROAD AND NORTH OF BAILEY-BOSWELL ROAD
RECOMMENDATION
It is recommended that the City Council
Approve the attached Joint Ordinance and Boundary Agreement with the City of Saginaw in
connection with development of the Creekwood Addition by Hillwood Enterprises, L.P ,and
2 Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement.
DISCUSSION
Hillwood Enterprises, L.P wishes to develop approximately 260 acres in the area west of Blue Mound
Road and north of Bailey-Boswell Road Approximately 160 acres of the proposed development are
currently in the City of Fort Worth, and 100 acres are in the City of Saginaw Hillwood Enterprises, L.P
has requested that Fort Worth and Saginaw enter into a Joint Ordinance and Boundary Agreement to
adjust the boundary line between the two cities so that no lots in the development will be located partly
in Saginaw and partly in Fort Worth
The development is proposed to consist of approximately 31 acres of commercial development and 229
acres of residential development. All of the development in Fort Worth is proposed to be single-family
residential plus an amenity center The Zoning Commission recommended approval of a request for
"A-5" One-Family on June 12, 2002
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
Approval of the Joint Ordinance and Boundary Agreement will result in movement of two tracts totaling
8 914 acres from Saginaw to Fort Worth and movement of two tracts totaling 8 916 acres from Fort
Worth to Saginaw
The Joint Ordinance and Boundary Agreement was approved by the Saginaw City Council on June 18,
2002 Approval of the Joint Ordinance and Boundary Agreement by both cities will effectuate
disannexation and release of 8 914 acres by Saginaw and annexation of such property by Fort Worth
and disannexation and release of 8 916 acres by Fort Worth and annexation of such property by
Saginaw
The property is currently located in COUNCIL DISTRICT 2.
~;-- .
City of Fort Worth, Texas
Mayor and Council Communication
DATE
7/23/02 REFERENCE NUMBER
C-19165 LOG NAME
06SAGINAW PAGE
2 of 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF SAGINAW
TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND SAGINAW IN THE
AREA WEST OF BLUE MOUND ROAD AND NORTH OF BAILEY-BOSWELL ROAD
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
RR.k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head:
Bob Riley 8901 (from) APPROVED 07/23/03
ORD.# 15164
Additional Information Contact:
Marcella Olson 7631