HomeMy WebLinkAboutOrdinance 14221~ _ _.
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~ ORDINANCE NO I ~~22~
AN ORDINANCE DISANNEXING AND DISCONTINUING FROM THE
CORPORATE LIMITS OF THE CITY OF FORT WORTH A CERTAIN
21 837 ACRE TRACT OF LAND SITUATED IN THE F CUELLA
SURVEY, ABSTRACT NO 267, IN THE CITY OF FORT WORTH,
DENTON COUNTY, TEXAS, PROVIDING THAT THIS ORDINANCE SHALL
AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH,
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
PRIOR ORDINANCES NOT IN DIRECT CONFLICT, PROVIDING FOR
SEVERABILITY, AND NAMING AN EFFECTIVE DATE
BE IT ORDAINED 'BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
That, in accordance with and subject to that certain Joint
Resolution and Agreement between the City of Fort Worth and the
City of Roanoke, a copy of which is attached hereto as Exhibit
"A" and expressly made a part hereof, the following described
land and territory within the corporate limits of the City of
Fort Worth is hereby disannexed and ordered discontinued as a
part of the City of Fort Worth, Texas, said territory being
described as follows
Being a tract of land situated in the F Cuella Survey,
Abstract No 267, Denton County, Texas, and being a portion
of that tract owned by AIL Investment, L P formerly known
as Hillwood/Freeway, Ltd as recorded in Deed Volume 2452,
Page 739, of the Deed Records of Denton County, Texas, and
being a portion of Lot 1, Block 2, Alliance Gateway North
Addition, as recorded in Cabinet N, Page 227, of the Plat
Records of Denton County, Texas, said tract of land being
more particularly described by metes and bounds as follows
CONlD~NCING at the northwest corner of Lot 2R, Block 2, of
Alliance Gateway North Addition, as recorded in Plat Cabinet
A, Page 5063 of said Denton County Plat Records, being a
point in the easterly right-of-way line of Independence
Parkway, and being the beginning of a non-tangent curve to
the left,
THENCE 11 96 feet along the arc of said curve, and along
said right-of-way line, through a central angle of 00°
19'57", whose radius is 2060 00 feet the long chord of which
bears N 26° 52' 33" E, 11 96 feet to the POINT OF BEGINNING,
THENCE continuing along the arc of said curve, and along
said right-of-way line, 274 00 feet, through a central angle
of 07 ° 37' 15", whose radius is 2060 00 feet, the long
chord of which bears N 30 51' 10" E, 273 80 feet,
THENCE N 34 ° 39' 48" W, 166 77 feet along the existing and
then along the future right-of-way line of said Independence
Parkway, to the beginning of a curve to the right,
THENCE 1162 98 feet along the arc of said curve and along
said future right-of-way line through a central angle of 34
° 20' 50", whose radius is 1940 00 feet, the long chord of
which bears N 17 ° 29' 23" W, 1145 64 feet,
THENCE N 00 ° 18' 58" W, 215 65 feet along said future
right-of-way line,
THENCE S 89 46' 07" E, 761 83 feet leaving said future
right-of-way line,
THENCE S 01 ° 13' S2" W, 1680 98 feet,
THENCE N 88 ° 46' 08" W, 144 99 feet to the POINT OF
BEGINNING, and containing 21 837 acres of land, more or
less
SECTION 2
That the above described territory is shown on the attached
map marked Exhibit "B," which map is expressly incorporated
herein for the purpose of illustrating and depicting the location
of the above described territory
SECTION 3
That this ordinance shall and does amend every prior
ordinance in conflict herewith, but as to all other ordinances or
sections of ordinances not in direct conflict, this ordinance
shall be, and the same is hereby made cumulative
SECTION 4
That it is hereby declared to be the intent of the City
Council that the sections, paragraphs, sentences, clauses and
phrases 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 jurisdiction, 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 by the City Council without the incorporation
in this ordinance of any unconstitutional phrase, clause,
sentence, paragraph or section
:/ . "
SECTION 5
That this ordinance shall be a full force and effect from
and after the date of its passage by the City Council, and it is
so ordained
APPROVED AS TO FORM AND LEGALITY
William W Wood
Deputy City Attorney
Date G //~ ~~Q
Adopted ~ -~ 3 ao
Effective ~'~ 3-p~
,.
(EXHIBIT "A" TO DISANNEXATION ORDINANCE)
10 Pa a s) ,.~
JOIN 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
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.
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
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
(';ITY GF ROANOKE, TEXAS
2.01 Bo~ti~,e Street
Roanoke, Texas 76262
Eiy•
ndy Cor ,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
Kenneth .Barr, Mayor
FORT WORTH & ROANOKE JOINT RESOLUTION page 4
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EXHIBIT "B"
TRACT 1
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. Bearang basis is grad 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 oraginal
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 Amenca by Deed recorded in
Volume 373, Page 200 of the Deed Records of Denton County, Texas (D.R.D C.T ),
THENCE S 88°46'49" 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 Ameraca by Judgement Cause No 675 of the Distract
Court of the United States of Amenca,
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 89°29'57" W, a distance of 3120 79 feet to
point for corner, from said point a 3/8" iron rod found bears N 84° 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 m
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 O1°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 Oi°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 00°10'12" E, with the marked and occupied West line of said Huston Survey and said
Medlin Survey, a distance of 2896 98 feet to a point in the centerline of Elizabeth Creek,
THENCE N 65°01'25" W, a distance of 40 18 feet to a point in the centerline of Elizabeth Creek,
THENCE N 5,3°53'02" W, a distance of 38 09 feet to a point in the centerline of Elizabeth Creek;
THENCE N 00°49'36" 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 Chadw,~ck to J Cleo Thompson, et al., recorded in Volume 560,
Page 484 D.R.D C T ,
THENCE N 89°25'03" 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 89°48'39" 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 00°43'28" W, with the East hne of said addition, a distance of 1092.92 feet to a 5/8"
iron rod found m the South nght-of-way line of State Highway No 114,
THENCE S 89°53'01" 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 nght having a radius of 1859 86 feet, a delta angle of 13°22'01 ", a
long chord that bears S 83° 10'51" 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 00°53'28" 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 corner of said Brazos Tract, in all a distance of 1279 10
feet to a 5/8" iron rod found marking the Southwest corner 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 88°28'35" 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 corner 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 00°37'34" 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 88°05'38"'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 00°39'25" 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
Beanng 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 Amenca by Judgement Cause No 675
of the Distnct Court of the United States of Amenca 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 00°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 m 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 corner;
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 89°37'45" 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.
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MAP LEGEND MAP REFERENCES
Current Incorporated Area ~ Mapsco 9=J
Acres to be Annexed N/A Zoning Map 16-1
Acres Disannexed
d Tad Map 2072-480
1st Public Hearing N/A
2nd Public Hearing N/A
Date of Adoption
Council District: 2
Focus Area None
Exhibit 'B' Disannexation of 21.837 Acres roRThlo>I~TH
~---
_~_
(Page 1 of 1) Project Case No. D-00-03
City of Fort Worth, Texas
~-~a~~~~ ~n~l au~n~i( ~~m~n;c~~i~n
~.
DATE
6/13/00 REFERENCE NUMBER
PZ-2200 LOG NAME
06APPROVE PAGE
1 of 1
SUBJECT ORDINANCE DISANNEXING AND DISCONTINUING FROM THE CORPORATE
LIMITS OF THE CITY OF FORT WORTH A CERTAIN 21.837 ACRE TRACT OF LAND
SITUATED IN THE F CUELLA SURVEY, ABSTRACT NO 267, IN THE CITY OF FORT
WORTH, DENTON COUNTY, TEXAS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance disannexing a certain 21 837
acre tract of land situated in the F Cuella Survey, Abstract No 267, in the City of Fort Worth
DISCUSSION
On May 30, 2000 (M&C PZ-2195), the City of Fort Worth approved a Joint Resolution and Agreement
with the City of Roanoke, whereby the City of Fort Worth will disannex the above 21.837 acres of land
from its corporate boundaries, and thereafter release the 21.837 acre tract from its extraterritorial
jurisdiction The City of Roanoke will then adopt the appropriate ordinance annexing the land into its
corporate limits. In return, the City of Roanoke will release 323 acres from its extraterritorial jurisdiction
for future annexation by the City of Fort Worth
This property is located at the southeast corner of Henrietta Creek Road and Independence Parkway
and is a part of COUNCIL DISTRICT 2.
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)
0 V~D
P
~
O
Mike Groomer 614 (
(
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Originating Department Head: " `~"°'
3 2000
JUN ]
Bob Riley 8901 (from) ,
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)
Additional Information Contact: ~° "
`
'~`~'`~
City Secretary of the
City of Fo:4 Werth. Ta-
Bob Riley .8901
Adopted Ordinance ~Io.,~ !