HomeMy WebLinkAboutOrdinance 13913,.
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ORDINANCE NO ( ~j
AN ORDINANCE DISANNEXING AND DISCONTINUING FROM
THE CORPORATE LIMITS OF THE CITY OF FORT WORTH A
CERTAIN 21`3 ACRE TRACT OF LAND SITUATED IN LOT
1, BLOCK 1, FLIGHT INSTRUMENT ADDITION, IN THE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS
RECORDED IN VOLUME 388-149, PAGE 49, PLAT
RECORDS, TARRANT COUNTY, TEXAS, AND A PORTION OF
THE SOUTH PIPELINE ROAD RIGHT-OF-WAY, 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 Euless, 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 all that certain tract or parcel of land described as
Lot 1, Block 1, Flight Instrument Addition, an addition to
the City of Fort Worth, Tarrant County, Texas, according to
the Plat recorded in Volume 388-149 Page 49, of the Plat
Records of Tarrant County, Texas, the right-of-way dedicated
by said plat, and the existing right-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,
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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,
THENCE North Ol° 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' 53" West, along said projected right-
of-way line, a distance 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,
THENCE 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 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,
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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
Adopted . ~ o~~-~, `~
Effective.~C~-`i~~
3
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RESOLUTION N0. 99-1033
JOINT RESOLUTION AND AGREEMENT City of Fort Worth
Exhibit "A"
STATE OF TEXAS
COUNTY OF TARRANT ~
KNOW ALL MEN BY THESE PRESENTS
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 City 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;
NOW 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.
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
Fort Worth and the Ciry 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
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 tractor parcel of land described as Lot 1, Block 1, Flight Instrument Addition, an addition
to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388-149, Page 49, of
the Plat Records of Tarrant County, Texas, the right-of-way dedicated by said plat, and the existing right-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;
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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' 53" West, along said projected right-of-way line, a distance 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,
THENCE 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
That 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 described in paragraph 2 hereof and shown on Exhibit "A" hereof, and the City of Euless agrees
to assume all rights and obligations appurtenant to said territory
SECTION 5
That the City of Fort Worth and the City of Euless do hereby covenant and agree to protect, preserve
and defend the 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
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; 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 the City of Euless ceases to use all or any portion of said land for the hereindescribed purposes or other
public use, then the City of Euless shall take all actions necessary tp permit the City of Fort Worth to re-annex
said territory or portions thereof not used for said purposes. To permit such annexation by the City of Fort
Worth, the City of Euless shall (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 jurisdictional 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 allow 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
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SECTION 7
That the City of Fort Worth and the City of Euless agree and resolve that the adoption by both cities of
this 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 Joint 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 Joint Resolution and Agreement, upon adoption by both cities, shall be executed in several
originals and shall be spread in full on the minutes of each city A copy of this Joint Resolution and
Agreement shall be executed by the Mayor and attested by the City Secretary of each city
PASSED AND APPROVED by the city council of the City of Fort Worth on this day of
1999
By•
ATTEST
Gloria Pearson, City Secretary, City of Fort Worth
CITY OF FORT WORTH
Kenneth Barr, Mayor
APPROVED AS TO FORM AND LEGALITY
Deputy City Attorney
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PASSED AND APPROVED by the city council of the City of Euless this ag~ day of
1999
ATTEST
~,
usan rim, City ecretary, Ciry of Euless
CITY OF EULESS
By' °~~-
Mary Lib Sa h, Mayor
APPROVE AS TO,~RO AND GALITY
McFarland, ity Attorney, City of Euless
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MAPSCO: 55-5 ZONE MAP• 28-4 & 38-1 TAD MAP• 2120 420 & 416 SCALE. i " = 4 435'
CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH
PROJECT ,BOUNDARY ADJUSTMENT AND DISANNEXATION - CITY OF EULESS
=ILE NO D-99-01 PLAT NO
CURRENT INCORPORATED AREA
NiA ACRES TO BE ANNEXED NiA
21.3 ACRES TO BE DISANNEXED
iST PUBLIC HEARING
2ND PUBLIC HEARING
GATE OF ADOPTION
ORDINANCE NO
PREVIOUS INCORP AREA SO MI
NEW INCORP AREA
SO MI
EXHIBIT "B"
.yr„
City of Fort Worth, Texas
~1-~Ay~r c~nd ~,aunc;l C~mmun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
8/17/99 PZ-2132 060RD 1 of 1
SUBJECT ORDINANCE DISANNEXING AND DISCONTINUING FROM THE CORPORATE LIMITS
OF THE CITY OF FORT WORTH A CERTAIN 21 3 ACRE TRACT SITUATED IN LOT 1,
BLOCK 1, FLIGHT INSTRUMENT ADDITION, AS RECORDED IN VOLUME 388-149,
PAGE 49, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND ALSO
ENCOMPASSING A PORTION OF THE SOUTH PIPELINE ROAD RIGHT-OF-WAY, IN
THE CITY OF FORT WORTH
RECOMMENDATION
It is recommended that the City Council approve the attached ordinance disannexing a certain 21 3
acre tract situated in Lot 1, Block 1, Flight Instrument Addition, and also encompassing a portion of the
South Pipeline Road right-of-way, in the City of Fort Worth
DISCUSSION
The City of Euless has requested that the City of Fort Worth disannex 21 3 acres of land so that the
City of Euless may expand the existing Parks at Texas Star recreational complex and golf course The
subject 21 3 acres is owned by the City of Euless which intends to construct a municipal ice complex
and related facilities on the subject tract. This property is located at the southeast corner of South
Pipeline Road and Heather Drive and is a part of COUNCIL DISTRICT 5
To facilitate the proposed disannexation, the Euless City Council has approved a Joint Resolution and
Agreement which prescribes that the City of Fort Worth will disannex the described land and release it
from its extraterritorial jurisdiction The City of Euless will then 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.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140
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Originating Department Head:
AUG ~ X999
Ann Kovich 8901 (from)
Additional Information Contact:
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Ann Kovich 8901