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HomeMy WebLinkAboutItem 12 - Boundary AdjustmentMEMO TO: FROM: MEETING DATE SUBJECT: RECOMMENDATION HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, CITY MANAGER MAY 7, 2019 APPROVAL OF BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF SOUTHLAKE City Council to consider a resolution approving a boundary adjustment agreement with the City of Southlake on properties located at 2311 Lonesome Dove Road, 2701 Lonesome Dove Road and 1556 North Gravel Circle. FUNDING SOURCE: None BACKGROUND: The City of Grapevine and the City of Southlake were approached by three property owners whom wanted to subdivide their properties. A concern was that the Southlake/Grapevine city limit splits these properties into hard to develop lots. 2311 Lonesome Dove Road is a two -acre lot that was split in half longitudinally into two narrow rectangular lots, approximately one acre in Grapevine and one -acre in Southlake. The property owner desired that the city limit line to be squared off creating three lots with two, half -acre lots in Grapevine and one, one -acre lot in Southlake. City services will be provided by Southlake and Grapevine for the respective lots in each city. 2701 Lonesome Dove Road and 1556 N Gravel Circle are owned by two different property owners and the city limit divides both lots into two narrow rectangular lots, each with approximately 0.37 acres in Southlake and approximately 0.51 acres in Grapevine. The proposed boundary adjustment will make 2701 Lonesome Dove Road approximately 0.9 acres totally in Southlake and 1556 North Gravel Circle approximately 0.9 acres completely in Grapevine. Southlake will provide all city services to 2701 Lonesome Dove Road with the exception of sanitary sewer which will be provided through an Interlocal Agreement by the City of Grapevine and 1556 North Gravel Circle will be provided all city services through Grapevine. Property owners will follow the boundary adjustment with lot platting prior to any future building permits. Staff recommends approval. RESOLUTION NO. 2019-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A BOUNDARY ADJUSTMENT AGREEMENTWITH THE CITY OF SOUTH LAKE, TEXAS AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, a home rule municipality and political subdivision of the State of Texas and the City of Southlake, Texas, a home rule municipality and political subdivision of the State of Texas agree that the boundary noted in "Exhibit A" attached should be adjusted; and WHEREAS, pursuant to the authority granted in Section 43.015 of the Texas Local Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the area is less than 1,000 feet in width; and WHEREAS, all constitutional and statutory prerequisites for the approval of this resolution have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this resolution to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Pursuant to the provisions of Section 43.015, Texas Local Government Code, the City of Grapevine hereby agrees to the boundary adjustment agreement as identified in Exhibit "A" which is attached hereto and incorporated h erein for all purposes. Section 3. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of May, 2019. APPROVED: Darlene Freed Mayor Pro Tem ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Resolution No. 2019-023 Exhibit "A" STATE OF TEXAS § BOUNDARY ADJUSTMENT AGREEMENT COUNTY OF TARRANT § This Boundary Adjustment Agreement ("Agreement") is made by and between the City of Grapevine, Texas ("Grapevine"), a home rule municipality and political subdivision of the State of Texas and the City of Southlake, Texas ("Southlake"), a home rule municipality and political subdivision of the State of Texas. WHEREAS, pursuant to the authority granted in Section 43.015 of the Texas Local Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the area is less than 1,000 feet in width; and WHEREAS, Grapevine and Southlake are adjacent; and WHEREAS, the area, as described and depicted in Exhibits A-1, A-2, A-3, 6-1,6- 2 and B-3, which are attached hereto and incorporated herein by reference, is less than 1,000 feet in width; and WHEREAS, Grapevine and Southlake desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, this Agreement has been approved by the governing bodies of Grapevine and Southlake; and WHEREAS, the properties will be properly platted in the City in which they are located; and WHEREAS, the properties will be have potable water service, sanitary sewer collection and collection of refuse and recyclables provided by the City in which they are located, with exception of the sanitary sewer service at 2701 Lonesome Dove Road will be provided by the City of Grapevine in accordance with an Interlocal Agreement; and WHEREAS, the governing bodies of Grapevine and Southlake have determined this Agreement to be in the best interests of the health, safety, and welfare of the public; and WHEREAS, Grapevine and Southlake, in the true spirit of governmental cooperation, intend this Agreement to reflect sound growth management principles and interregional planning. NOW, THEREFORE, Grapevine and Southlake, for the mutual consideration hereinafter stated, agree and understand as follows: The findings set forth above are deemed to be true and correct and are incorporated into the body of this Agreement as if fully set forth herein. Resolution No. 2019-023 3 From and after the Effective Date of this Agreement, Grapevine and Southlake hereby agree that the tracts of land as described and depicted in the Exhibits A-2, A-3, B-1 and B-3, shall be released from the corporate boundaries of Grapevine and simultaneously incorporated into the corporate boundaries of Southlake. Grapevine hereby releases, relinquishes and discontinues any claim or entitlement to Tracts described and depicted in Exhibits A-2, A-3, B-1 and B-3, as being within the corporate limits of Grapevine. Southlake hereby extends its corporate boundaries to include Tracts described and depicted in Exhibits A-2, A-3, B-1 and B-3 as being within the corporate limits of Southlake. From and after the Effective Date of this Agreement, Grapevine and Southlake hereby agree that the tracts of land as described and depicted in the Exhibits A-1, A-3, B-2 and B-3, shall be released from the corporate boundaries of Southlake and simultaneously incorporated into the corporate boundaries of Grapevine. Southlake hereby releases, relinquishes and discontinues any claim or entitlement to Tracts described and depicted in Exhibits A-1, A-3, B-2 and B-3, as being within the corporate limits of Southlake. Grapevine hereby extends its corporate boundaries to include Tracts described and depicted in Exhibits A-1, A-3, B-2 and B-3 as being within the corporate limits of Grapevine. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County, Texas. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the written consent of the other party. Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the Effective Date"). Either party may file a certified copy of this Agreement in the real property records of Tarrant County, Texas. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall Resolution No. 2019-023 4 not affect the validity of this Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. APPROVED by the City Council of the City of Grapevine, Texas, at its meeting held on the day of 2019, and executed by its authorized representative. ATTEST: la Tara Brooks, City Secretary CITY OF GRAPEVINE, TEXAS William D. Tate, Mayor APPROVED by the City Council of the City of Southlake, Texas, at its meeting held on the day of 2019, and executed by its authorized representative. CITY OF SOUTHLAKE, TEXAS Laura Hill, Mayor ATTEST: By: Amy Shelly, City Secretary Resolution No. 2019-023 5 GRAPEVINE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the day of , 2019, by the Honorable William D. Tate, Mayor of the City of Grapevine, a Texas municipal corporation, on behalf of said municipality. Notary Public, State of Texas SOUTHLAKE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the day of , 2019 by the Honorable Laura Hill, Mayor of the City of Southlake, a Texas municipal corporation, on behalf of said municipality. Notary Public, State of Texas Resolution No. 2019-023 6 EXHIBIT A-1 LEGAL DESCRIPTION Southlake to Grapevine) PORTION OF TRACT 1 BEING a 0.501 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Southlake, Tarrant County, Texas and being a portion of those certain tract of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 4258, Page 165 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the common corner of Lots 2 and 3, Block 1 of Cannon Homestead, an addition to the City of Grapevine as recorded in Cabinet A, Slide 6900 Plat Records of Tarrant County, Texas; THENCE SOUTH along the west line of said Cannon Homestead a distance of 95.00 feet to a 1/2" iron rod found at the City limit line of the City of Southlake and the City of Grapevine; THENCE N 87006'20" W along said City limit line a distance of 230.00 feet to a 1/2" iron rod set with a "TQ Burks #5509" cap; THENCE NORTH leaving said City limit line a distance of 95.00 feet to a 1/2" iron rod set with a TQ Burks #5509" cap in the north line of said Norman tract; THENCE S 87006'20" E along the north line of said Norman tract a distance of 230.00 feet to the Point of Beginning and containing 21822 square feet or 0.501 acres of land. EXHIBIT A-2 LEGAL DESCRIPTION Grapevine to Southlake) PORTION OF TRACT 2 BEING a 0.501 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Grapevine, Tarrant County, Texas and being a portion of those certain tracts of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 5646, Page 552 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the southwest corner of said Norman tract in the northwest corner of the intersection of Foxfire Lane and Lonesome Dove Road; THENCE NORTH along the east right-of-way line of said Lonesome Dove Road a distance of 95.00 feet to a 1/2" iron rod found at the City limit line of the City of Grapevine and the City of Southlake; THENCE S 87006'20" E leaving said right-of-way and along said City limit line a distance of 230.00 feet to a 1/2" iron rod set with a "TQ Burks #5509" cap; Resolution No. 2019-023 7 THENCE SOUTH a distance of 95.00 feet to a 1/2" iron rod set with a "TQ Burks #5509" cap in the north line of said Foxfire Lane; THENCE N 87006'20" W along said right-of-way line a distance of 230.00 feet to the Point of Beginning and containing 21822 square feet or 0.501 acres of land. PORTION OF TRACT 2 - ROW Lonesome Dove Road BEING a 0.066 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Grapevine, Tarrant County, Texas and being a portion of those certain tracts of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 5646, Page 552 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the northwest corner of said Norman tract in the east right-of-way line of Lonesome Dove Road; THENCE South along the east right-of-way line of said Lonesome Dove Road a distance of 95.00 feet to a 1/2" iron rod found at the northeast corner of the intersection of Foxfire Lane and Lonesome Dove Road; THENCE N 87006'20" W leaving said east right-of-way a distance of 30.04 feet to a point at the centerline of said Lonesome Dove Road; THENCE N 00006'47 W along the centerline of said Lonesome Dove Road a distance of 95.01 feet to a point at the City Limit line of the City of Grapevine and the City of Southlake; THENCE S 87006'20" E leaving the centerline of said Lonesome Dove Road a distance of 30.23 feet to the Point of Beginning and containing 2859 square feet or 0.066 acres of land. Resolution No. 2019-023 8 EXHIBIT A-3 Resolution No. 2019-023 9 I W 00' 06 Hlnos 100 I' 1 W s j 1 C> o cc a LLti U QN o Q W Z U H I U kw V g oNI ad 4 >a Z>aIW I LO I eEn I ' a L 13 NLL U LO J ZH cc 2 U i W10- 0N I I 4 0 I Q oma o 00 m W WLL 00 II 06T d J Zv II Akfl 3Ros3NAr J V N 0 0 Resolution No. 2019-023 9 EXHIBIT B-1 GRAPEVINE TO SOUTHLAKE I9:7_TSI9 FIELD NOTES FOR DESCRIPTION OF LAND FROM THE CITY OF GRAPEVINE TO T H E C I TY 0 F SOUTHLAKE (THE SOUTHERN PORTION OF WHICH CURRENTLY LIES WITHIN THE CITY OF SOUTHLAKE), TARRANT COUNTY, TEXAS: BEING A TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, TARRANT COUNTY, TEXAS, AND BEING TRACTS OF LAND AS DESCRIBED IN DEEDS RECORDED IN COUNTY CLERKS NO. D208402672 AND D211 052750, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN FOUND IN THE NORTH LINE OF N. GRAVEL CIRCLE FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 170.30 FEET NORTH 89 DEGREES 53 MINUTES 35 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 35, BLOCK 2, LAKEVIEW ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8072, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 54 MINUTES 00 SECONDS WEST 169.31 FEET ALONG THE NORTH LINE OF SAID N. GRAVEL CIRCLE TO A CAPPED IRON PIN FOUND FOR THE NORTHEAST INTERSECTION OF N_ GRAVEL CIRCLE AND LONESOME DOVE ROAD; THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS EAST 224.15 FEET ALONG THE EAST LINE OF SAID LONESOME DOVE ROAD TO A CAPPED IRON PIN (AW) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK 1, MILLS ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 10489, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 24 MINUTES 47 SECONDS EAST 173.58 FEET ALONG THE SOUTH LINE OF SAID LOT 2, BLOCK 1, MILLS ESTATES TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 02 DEGREES 15 MINUTES 26 SECONDS WEST 131.32 FEET TO A 1/21, IRON PIN FOUND FOR CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 04 MINUTES 37 SECONDS WEST 95.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.88 ACRES OF LAND, MORE OR LESS (AND INCLUDING ALL AREA WITHIN LONESOME DOVE ROAD DIRECTLY ADJOINING THE WEST BOUNDARY OF THE HEREIN DESCRIBED TRACT). Resolution No. 2019-023 10 EXHIBIT B-2 SOUTHLAKE TO GRAPEVINE TRACT II FIELD NOTES FOR DESCRIPTION OF LAND FROM THE CITY OF SOUTHLAKE TO THE CITYOF GRAPEVINE (THE NORTHERN PORTION OF WHICH CURRENTLY LIES WITHIN THE CITY OF GRAPEVINE), TARRANT COUNTY, TEXAS: BEING A TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, TARRANT COUN1Y, TEXAS, AND BEING TRACTS OF LAND AS DESCRIBED IN DEEDS RECORDED IN COUNTY CLERKS NO. D203472452 AND D211052751, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE NORTH LINE OF N. GRAVEL CIRCLE FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED AT THE SOUTHWEST CORNER OF LOT 35, BLOCK 2, LAKEVIEW ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8072, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 53 MINUTES 35 SECONDS WEST 170.30 FEET ALONG THE NORTHLINE OF SAID N. GRAVEL CIRCLE TO A 1/2' IRON PIN FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 04 MINUTES 37 SECONDS EAST 95.00 FEET TO A 1/21, IRON PIN FOUND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 02 DEGREES 15 MINUTES 26 SECONDS EAST 131.32 FEET TO THE SOUTH LINE OF LOT 2, BLOCK 1, MILLS ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 10489, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 24 MINUTES 47 SECONDS EAST 166.51 FEET ALONG THE SOUTH LINE OF SAID LOT 2, BLOCK 1, MILLS ESTATES TO A CAPPED IRON PIN SET IN THE WEST LINE OF SAID BLOCK 2, LAKEVIEW ESTATES FOR THE NORTHEAST CORNEROF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 22 MINUTES 36 SECONDS WEST 228.25 FEET ALONG THE WEST LINE OF SAID BLOCK 2, LAKEVIEW ESTATES TO THE POINT OF BEGINNING AND CONTAINING 0.88 ACRES OF LAND, MORE OR LESS Resolution No. 2019-023 11 EXHIBIT B-3 Resolution No. 2019-023 12 0 q a d UCq CL, V ti N NN N N 1 O VaW Yr O EWOti yaF NUpVOy DU Y[]QW j DU W0.,y. a]w F mW 1jUK W SSd Iil_ mm JF da1SdRng Ll