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HomeMy WebLinkAbout99-1033 07-29-1999RESOLUTION NO. 99 -1033 JOINT RESOLUTION AND AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § ) CITY SECRETARY CONTRACT NO 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 City 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 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 Tine of Heather Drive; THENCE East, along the north right -of -way Tine 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; 1 nn; 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 to 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 all 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. 2 4005 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 , 1999. i Contract Autrhorization �/ Date 4005 ATTEST: /, -� 'day of Gloria Pearson, City Secretary, City of Fort Worth CITY OF FORT WORTH Kenneth Barr, Mayor APPROVED A5 TO FORM AN LEGALITY: /a"��`'�'► Deputy City Attorney PASSED AND APPROVED by the city council of the City of Euless this oC7 day of..../3/ 1999. ATTEST: Susan Crim, City Se etary, City of. Euless CITY OF EULESS By Mary Lib Sa eh, Mayor ��APPRO ED AS T! FR • ND LEG ITY: Bob McFarland, City Attorney, City of Euless 4 4005 I 11 it II Cli I _i� F� 14~j I J !.' _ -kb _ SOFTBALL WORLD IQ 9CHMIDT W +— AT THE PARKS S.F. ABANDONED SHIELD ASC i PAINT RESI0. I RESID. ISF.RESID. ( AWARDS AT TEXAS STAR HYDRAULICS �N R�CI a PROMO. I EX.EULESS EA CITY LIMITS L.L.C. EX EULESS CITY LIMITS PO /NT OF ;I..,:,,: l -.; ;;�'! : .:::..........: ..: �,! „ :::;:: ;:::; ._.,..t0 EX. FORT WORTH CITY LIMITS `': OBEG /NN /N6 to 3 :; : >i :. �:::..4.: w::• ...; ,. :.:. ;.:. <:::.;..; — — N. Ih� (INSCO u INVESTMENTS 1 SPECIALTIES yj CO., INC, e• 89°510 l' R• I96.10. 7•319955.59' VACANT CH.N44 °362 �, _J L__ SOUTH P /PEL /NE RQ s 191.9' 53 W ”' — RESULT /NG COMMON C /TY LIMITS OF C/TY OF FORT WORTH AND CITY OF EULESS. EXISTING PHASE I THE PARKS AT TEXAS STAR NORTH 1 1 4 GRAPHIC SCALE IN FEET EX. EULESS N89 °59.41eW- 857.11 CITY LIMITS Schrickel, Rollins and Associates. Inc. landscape Architecture • Planning • Engineering 1161 Corporate Drive West • Suite 200 • Arlington, limos 76006 (817) 649 - 3216 /Metro 640.8212 PROPOSED PHASE I[ THE PARKS AT TEXAS STAR ESTATE SINGLE FAMILY DWELLING EX. FORT WORTH CITY EX. EULESS CITY LIMITS r LOCATION MAP EXHIBIT 'A' 4 005