HomeMy WebLinkAboutORD 1998-059 "THIS ORUIPJANCE IS FILED IN LIEU OF THE ORDINANCE FILED IN VOL'JME, 13291 ,
PAGC 0367, S�RI�S 001-012.° ` +
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x:� , ` ,, �� ORDINANCE NO. 98-59
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
' GRAPEVINE, TEXAS APPROVING AND ACCEPTING A
� MUTUALLY AGREEABLE BOUNDARY ADJUSTMENT BY
�:�:
��':= AND BETWEEN THE CITY OF GRAPEVINE AND THE CITY
, :.
��:> OF SOUTHLAKE PURSUANT TO SECTION 43.031 OF THE
„- LOCAL GOVERNMENT CODE; AUTHORIZING AND
=_..r DIRECTING THE CITY MANAGER TO EXECUTE THE
�:=" AGREEMENT AND TO TAKE ALL STEPS NECESSARY TO
��-� CARRY OUT THE TERMS THEREOF; PROVIDING A
SEVERABILlTY rLA.l����, p?n�i�niniG ^ S�,`,li�:�'S CL�uSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas (the "City") and the City of Southlake,
Texas ("Southlake") (together, the "Cities") are duly incorporated municipalities under the
laws of the State of Texas with the full power of local self rule in accordance with the Texas
Constitution, State law, and their Home Rule charters; and
WHEREAS, in accordance with Section 43.031 of the Texas Local Government
Code, the Cities are authorized to make mutually agreeable changes in their boundaries;
and
WHEREAS, the City of Southlake, Texas, has released its claim of extraterritorial
jurisdiction to the tracts of land (the "Land") described in Exhibit "A" attached hereto; and
WHEREAS, the Land is within the extraterritorial jurisdiction of the City of
Grapevine; and
WHEREAS, the Land is less than one thousand (1,000) feet in width at all points;
and
WHEREAS, the City of Grapevine and the City of Southlake, being adjacent to each
other, wish to make mutually agreeable changes in their boundaries as permitted by
Section 43.031 of the Local Government Code; and
WHEREAS, the City of Grapevine City Council passed Resolution No. 98-25 on
April 7, 1998, which authorized the boundary adjustment with the City of Southlake; and
" WHEREAS, the City of Southlake passed Resolution No. 98-32 on May 5, 1998,
which authorized the boundary adjustment with the City of Grapevine.
:.;; •
� NOW, THEREFORE, BE IT ORDAINED BY THE GTY COUNCIL OF THE CITY OF
��:
GRAPEVINE, TEXAS:
x:��t� Section 1. That all of the above and foregoing premises are true and correct and
-�-:F: are hereby incorporated into this resolution as if copied in their entirety.
�;w
�� Section 2. That the Boundary Adjustment Agreement (the "AgreemenY') by and
_�- between the city of Grapevine and the City of Southlake, attached hereto as Exhibit "B"
���� and incorporated herein by reference is hereby accepted and approved. In accordance
with the Agreement, the City's boundary shall be adjusted as set forth therein.
Section 3. That the City Manager is hereby authorized and directed to execute the
Agreement on behalf of the City an�+ te do ��:�i t�ke a{� a�ts necessary to carry out the
terms thereof.
Section 4. That this Ordinance shall be cumulative of all other ordinances of the
City affecting the City's boundaries and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those ordinances are in direct
conflict with the provisions of this Ordinance.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
- - validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 6. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace,
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of May , 1998.
APPROVED:
_ ,
�°+�" William D. Tate
Mayor
��
ORD. NO. 98-59 2
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ATTEST:
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�-� J d' C. Brown
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��-? A istant City Secretary
APPROVED AS TO FORM:
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4
John F. Boyle, Jr. '!
City Attorney
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ORD. NO. 98-59 3
�� _
• �- EX►-11�[T�T�
Page ._.._�. of ?�..� �
Exhibit "q" .
- � GITY OF GRAPEVINE � �
BOUNDARY ADJUSTMENT TRACTS
- Tracts '�A & '�B �
��tetes and bounds description of a Po�ion of the St. Abst act No�74 a d he�P.R,
(DART) �ight-of-rvay lying in tne Thomas Easter Survey,
Splane Survey, Abstract No. 1453, Tarrant County, Texas;
� BEGiNN1NG at a point along the existing common city limit line of the City of Grapevine
and the City of Southlake, Texas, this point also being along the northwest right-of-way
- line of the said St. Louis and Southern Railroad (DART), the asme o ded beVolume
southeast corner of a tract of land by deed to Matalee S. Webster
3738, Page 157, Deed Records, Tarrant County, Texas, ms�R! McKee aas re�corded in
the northeast corner of a tract of land by deed to Willia Y
Volume 2612, Page 307, Deed Records, Tarrant County, Texas, said point being the
PO1NT OF BEGINNING; �
THENCE easterly along the existing City of Grapevine city limit line across the said St. •
Louis and Southern Railroad (DART) right-of-way northwest right-of-way line of Ira
Woods Avenue (State Highway 26);
_ � THENCE southwesterly, continuing along the existing Grapevine city limit line, and along �
the common southeastern right-o�-way line of St. Louis and Southern Railroad (DART)
and the northwestern right-of-way line of Ira Woods Avenue (State Highway 26)
continuing past the South Kimba(I Avenue right-of-way (formerly named Continental .
Boulevard) to the co� he east len'IOf the C!B McDonald'Survey, Abst�ract No 1013; eY�
Abstract No. �453 an
THENCE northerly, continuing along the existing Grapevine city limit line, across said St.
Louis and Southern Railroad (DART) right-of-way, along the common survey line
forming the west line o` the P.R. Splane Survey, Abstract No, 1453 and the east line of
the C.B. Mc�onald Survey, Abstract No. 1013; ;i
THENCE northeasterly, along tne north4vest right-of-way line of the said St. Louis and
� Southern Railroad (DART) and the southeast property line of said Sou heKimball�Avenue
the existing City of Southlake city limits line, continuing past the
right-of-way (formerly named Continental Boulevard) to the POINT OF BEGINN(NG;
SAVE AND EXCEPT, all of the 94 foot right-of-way of South Kimba IS uthern tRailroad
named Continental Boulevard) lying within the said St. �Abst act No. �74, said right-
(DART) right-of-��iay situated in the Thomas Easter Survey,
of-way being a distance of 47 feet either side of and parallel to the existing centerline of
Soutn Kimball Avenue right-of-�vay.
._, . .
Q 9�'-� -
EXNIBIT_L!-- ►�� ofi -
Pa9e ..------ .
Tracts 2A & 2B ��
_ Metes and bounds description °John�N!�Gibson Survey�uAbst ac SNo.h591, Tar a n
(DART) right-of-way lying in the
' County,Texas;
� BEGiNNING at a point along the existing common city ��mthiensouthe'ast riGht of-�ay line
tne City of Colieyville, Texas, this point aiso being along 9
of the said St. Louis and Soute Hi Rwaf�26)(andRhe cen tehline of BigSBearrC eekf sa d
_ _ line of Ira Woods Avenue (Stat g Y .
being the POINT OF BEGINNING; �
-...� 'THENCE no�theriy along the centerline of said Big Bear Creek, ail oade DART)g ight/off � �
Colleyvilte city limit line, crossing said St. Louis and Southern Ra (
= �va , to a point for corner in the north�vestern right-of-way line of the St. Louis and
Y
Sauthern Railroad (DART) and along the City of Southiake city limit line;
THENCE northeasteriy, along the no x stinStCgh�off Southlake city lim tlinet, cont nuing
Southern Railroad (DART) and the e g tY
past the Brumlow Avenue right-of-way to�t 591°aRd the west I ne of he Hahnson Decker
the John N. Gibson Survey, Abstract N
Survey, Abstract No. 438;
THENCE southerly, along the existing�fG�apeailonC1 he'common srurvey lineafrmting the
Gnd Southern Railroad (DART) right y, 9
east line of the John N. Gibson Survey, Abstract No. 591 and the west line of the
Harrison Decker Survey, Abstract No. 438,to a point in the northwest right-of-way line of
�<-- tra Woods Boulevard (State Highway 26);
THENCE southwesterly, continuing alon�gftSt. Louis andrSouthernlRai(o'adn(DART) and
common southeastern right of-way line
tne north4vestern right-of-way line of Ira��Naaa en eel'ne ofSBig Bear C eek6said pointnof
past the Brumlorv Avenue nght-o�-�vay t
being the PO1NT OF BEGINNING;
I in within
_�AVE AND EXCEPT all of the 88 foot wide right-of-way of Brumlow Avenue, Y Gibson
�t h e S t. L o u i s a n d S outhern Railroad (DART) right-of-way, situated in the John_t)!-:
Survey, Abstract No. 591, said right-of-way being 44 fee t ei t her si de of a n d�p a r d l l e l t o
the existing center iine o f t he B r u m l o w A v enue ri ght-of-way.
- � EXN19tT� TO.,S������
� Pags ....._4_ of�.:e�_.__.
- - BOUNDARY ADJUSTMENT AGREEMENT
�--- E1N AGREEMENT BETWEEN THE CITY OF
��,, GRAPEVINE AND THE C1TY OF SOUTHLAKE
�1GREEING TO A BOUNDARY ADJUSTMENT
BETWEEN THE CITIES PURSUANT TO SECTION
- 43.031 OF THE LOCAL GOVERNMENT CODE
WHEREAS, the City of Southlake, Texas, has released its ciaim of
�.� extraterritoriai jurisdiction to the tracts of land (the "Land") described in Exhibit "A"
- attached hereto; and
WHEREAS, the Land is within the extraterritorial jurisdiction of the City of
Grapevine; and
WHEREAS, The Land is less than one thousand (1,000) feet in width at all
points; and �
WHEREAS, the City of Grapevine and the City of Southlake, being
adjacent to each other, wish to make mutually agreeable changes in their
�`'" boundaries as permitted by Section 43.031 of the Local Government Code;
� NOW, THEREFORE, the City of Grapevine and the City of Southlake,
hereinafter referred to as the Parties, agree as follows; •
1. The Parties agree that the proper�y described in Exhibits "A1" and
"A2" will become part of the City Limits of the City of Grapevine in the
manner provided by Section 43.031 of the Local Government Code.
2. The Parties agree that the property described in Exhibits "B1" and
"B2" will become part of the City Limits of the City of Southlake in
accordance with the requirements cf Section 43.031 of the Local
Government Code and the Charter of the City of Southlake.
3. The parties agree that these actions are mutually agreeable and
that adjustments in the boundaries of the two municipalities will be made
under this Agreement in the manner intended, as of the earliest date
permitted by applicable law.
4. The parties represent that approval of this Agreement by their
respective governing bodies has been completed and that the
� - undersigned officers are authorized to execute this Agreement on behalf
of their respective municipality. The Agreement is to be effective on the
date of signature of the last of the parties hereto sign the same.
To �� � -.�
� �X�ItBIT�
Page _-�---- of '�"_"
=- � CITY OF SOUTHLAKE, TEX/�S: CITY OF GRAPEV TEXAS:
_ , By,
By:
ATTEST: ATTEST: �
_ B gy; tu!-� E�`l�Ti
Y� '
Date: o � � Date: ��l�'�9 f�
Approved as to Form: Approved as to Form:
� � a ��
City Attorney City Attorney
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APPROVED 8Y COUNC(L I
�,_
• � EXHIE.IT� T0. � : . �
Page �f ;
Exhibit "A" �
- C1TY OF Gi�APEVINE �
� �, BOUNDARY ADJUSTMENT TRACTS
Tracts 1 A & 1 B �
Metes and bounds description of a portion of the St. Louis and Southern Raiiroad
(DART) right-of-way lying in the Thomas Easter Survey, Abstract No. 474 and the P.R.
Spiane Survey, Abstract No. 1453, Tarrant County, Texas;
BEGINNING at a point along the existing common city limit line of the City of Grapevine
- and the City of Southlake, Texas, this point also being along the northwest right-of-way
line of the said St. Louis and Southern RaiiroadeeDS. Webster asrrecorded beVolume
southeast corner of a tract of land by deed to Mata
3738, Page 157� Deed Records, Tarrant County, Texas, and also the same point being
the no�theast corner of a tract of land by deed to Wiiliams R. McKeey as recorded in
Volume 2612, Page 307� Deed Records, Tarrant County, Texas, said point being the
POINT OF BEGINNING;
THENCE easterly along the existing City of Grapevine city limit line across the said St.
Louis and Southern Railroad (DART) right-of-way northwest right-of-way line of Ira
Woods Avenue (State Highway 26);
-�` ` THENCE southwesterly, continuing along the existing Grapevine city limit line, and along �
the common southeastern right-of-way line of St. Louis and Southern Railroad (DART)
� and the nor�hwestern right-of-way line of Ira Woods Avenue (State Highway 26)
continuing past fhe South Kimball Avenue right-of-way (formerly named Continental .
Boulevard) to the common survey line forming the west line of the P.R. Splane Survey,
Abstract No. 1453 and the east line of the C.B. McDonald Survey, Abstract No. 1013;
THENCE northerly, continuing along the existing Grapevine city limit line, across said St.
Louis and Southern of the PaR(S ane Survtey, Abs�tract Not1453 and the east I neI of
forming the west line P
the C.B. McDonald Survey, Abstract No. 1013;
THENCE northeasterly, along the northwest right-of-way line of the said St. Louis and
Southern Railroad (DART) and the southeast property line of said McKeey tract,which is
the existing City of Southlake city limits line, continuing past tne South Kimball Avenue
right-of-way (formerly named Continental Boulevard) to the POINT OF BEG1NNtNG;
SAVE AND EXCEPT, all of the 94 foot right-of-way of South Kimball Avenue (formerly
named Continental Boulevard) lying within the said St. Louis and Southern Railroad
(DART) right-of-way situated in the Thomas Easter Survey, Abstract No. 474, said right-
of-way being a distance of 47 feet either side of and parallel to the existing centerline of
South Kimball Avenue right-of-way.
� EXH181T� T �afi
page .----
Tracts 2A & 2B �.
Metes and bounds de�cripnio{he John�Nl�Gibson Survey,uAbst ac SNo.h591,RTarrant
� (DART) nght of way ly g
.
° ° County,Texas;
�� BEGINN(NG at a point aiong the existing common city limit line of Ciry of Grapevine and
the City of Coileyville, Texas, this point also being along the southeast right-of-�vay line
of the said St. Louis and Southern Railroad (DART) and the northwestern right-of-way
��':�: line of ira Woods Avenue (State Highway 26) and the centerline of Big Bear Creek, said
-,, being the PO1NT OF BEGiNNWG; �
x;,;;: THENCE northerly along the centerline of said Big Bear Creek, and the existing City of
Colleyville city limit line, crossing said St. Louis and Southern Railroad (DART) right-of-
way, to a point for corner in the northwestern right-of-way line of the St. Louis and
Southern Railroad (DART) and along the City of Southlake city limit line;
THENCE no�theasterly, along the northwest right-of-�vay line of the said St. Louis and
Southern Railroad (DART) and the existing Gity of Southlake city limit line, continuing
past the Brumlow Avenue right-�os act Not 591�nd the west I ne of he Haheson Decker
the John N. Gibson Survey, A
Survey, Abstract No. 438;
THENCE southerly, along the existing Grapevine city limit line across the said St. Louis
and Southern Railroad (DART) right-of-way, along the common survey line forming the
� east line of the John N Abst act No. 438,o a point n the northwestright of'way line of
Harrison Decker Survey, .
�„_ Ira Woods Boulevard (State Highway 26);
THENCE southwesterly, continuing along the existing Grapevine city limit line, along the
common southeastern right-of-way line of St. Louis and Southern Railroad (DART) and
the northwestern right-of-way line of Ira Woods Avenue (State Highway 26) continuing
past the Brumlow Avenue right-of-way to said centerline of Big Bear Creek, said point of
being the POINT OF BEGINNING;
SAVE AND EXCEPT all of the 88 foot wide right-of-way of Brumlow Avenue, lying within .
the St. Louis and Southern Railroad (DART) right-of-way, situated in the John N. Gibson
Survey, Abstract No. 591, said right-of-way being 44 feet either side of and parallel to
the existing centerline of the Brumlow Avenue right-of-way.
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D198144087
CITY OF GRAPEVINE
- P O BOX 95104
_ GRAPEVINE, TX 76099 �
::�':.-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF GRAPEVINE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
198263828 DR92 T021602 07/O1/98 09 :37
�,F, . INSTRUMENT FEECD INDEXED TIME
1 D198144087 WD 980701 09 :37 CG
�
T O T A L : DOCUMENTS: O1 F E E S : 29 . 00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
�;:�
:-.�,
�: �
_ �
- D198264110
_== CITY OF GR.APEVINE
- PO BOX 95104
°,_,,. GR.APEVINE TX 76099
:;�.;
._-; -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF GRAPEVINE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
199047867 DR96 T021602 11/11/98 14 :39
' INSTRUMENT FEECD INDEXED TIME
� 1 D198264110 WD 981111 14 :39 CK 16798
T O T A L : DOCUMENTS : Ol F E E S : 35 . 00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
�v,.>�,