HomeMy WebLinkAbout2006-362S:\Our Documents\0rdinances\06\Krum Boundary Amendment Agreement.doc
ORDINANCE NO. ?DOGS -36 Z
AN ORDINANCE APPROVING AN AMENDMENT TO A BOUNDARY ADJUSTMENT
AGREEMENT DATED SEPTEMBER 4, 2001, BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as authorized by Ordinance 2001-318, the City of Denton and the City of
Krum entered into that certain Boundary Adjustment Agreement to establish a future mutual
boundary and to release extraterritorial jurisdiction rights to each other; and
WHEREAS, the City of Krum and the City of Denton desire to amend the future mutual
boundary as set forth in that certain Boundary Adjustment Agreement attached hereto and made
a part hereof as Exhibit "A" (the "Agreement'); and
WHEREAS, the City Council finds that the Agreement and the adjustment to the future
mutual boundary is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the Agreement
and authorizes the Mayor, or her designee to enter into the Agreement on behalf of the City of
Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -1day of CQ/il�J� l� 2006.
McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
=/vA
Qffi
APPROVED AS TO eG FORM:
EDWIN M. SNY�R, ATTORNEY
Exhibit A
BOUNDARY ADJUSTMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF
DENTON, TEXAS, hereinafter referred to as "Denton", and the CITY OF KRUM, TEXAS,
hereinafter referred to as "Krum".
WHEREAS, Denton and Krum previously entered into that certain Boundary
Adjustment Agreement dated September 4, 2001 which established Denton's and Krum's future
mutual boundary; and
WHEREAS, Denton and Krum desire to adjust the future mutual boundary pursuant to
this Agreement; and
WHEREAS, the governing bodies of Denton and Krum find that the adjusted future
mutual boundary is in the public interest.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises expressed herein, Denton and Krum agree as follows:
SECTION I.
Future Mutual Boundary
Denton and Krum hereby agree that their Future Mutual Boundary shall be as described
in Exhibit "A" and depicted in Exhibit `B" both of which are attached hereto and made a part
hereof by reference. In this regard each waives, releases and relinquishes its extraterritorial
jurisdiction ("BTP) rights to the other with respect to the side of the Future Mutual Boundary
that is located in the other city's future territory as described and depicted on Exhibit "A" and
"B". It is expressly agreed that this waiver and release shall only operate in favor of Denton and
SA0ur Docum ts\Conncts\(16VGum boundary adj"tmmi.doe Page l
Krum, and shall not constitute a waiver or release of any right, including ETJ rights, which
Denton or Krum may be able to assert against another municipality.
SECTION H.
Severability
Should any provision of this Agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
SECTION III.
Approval by Governing Bodies
Denton and Krum represent to each other that their respective governing bodies have
approved this Agreement by ordinance or resolution as set forth below.
SIGNED this Zeday of 200Y.
CITY OF DENTON, TEXAS
ATTEST:
WALTERS, CITN SECRETARY'
APPROVED BY l E ON ORDINANCE NO.,,-�21)! 6 3tr/ a
SA Our Docu=nts\Connactsb61Kmm boundary adjMM=t.doc Page 2
CITY OF KRUM, TEXAS
MAYOR
ATTEST:
BY: i lL
CITY SECRETARY
APPROVED AS TO FO
BY: :L
CITY ATT
APPROVED BY KRUM RESOLUTION NO. 06-0I-R
SAOur Documrnts\ContmctsW6\Krum boundary adjust ntdcc Page
Exhibit A
°� rthur Surveying Co., Inc.
PrpteSsionA7 L.aad Surveyors
1111nvinc, Tccae 75t167
Omrot C'h77.) 227-?454 -_ Fs: (772) 221-4C.75
ExmBiT
City of Krum, Texas & City of Benton
Mutual Boundary Linc
BEGINNING at the intersection of the southeasterly righlYoGwav of Farnt-to-Market 156 and the ctmenu
1/2 mile City of Knoll extraterritorial jurisdiction Zinc as established by suit aes:
THENCE Northeasterly alung the southeast line of said F.M. 156. approximately 1,649 feet to a point for
comer:
THENCE South, leaving the southeasterly light -of -way of F.M. 156, and crossing the Atchison,'Topeka
and Santa Fe Railway Company right-of-way and continuing Hong said course passing the common north
corner of those certain tracts of land described in deed to Weldon Trietsch (Volume 690, .Page 710) and
Barthold Family Revocable LivingTrust (Volume 5116, Page 3549) and continuing along said course a
distance of 2,138.47 feet to a point in the common line therc,E,
THENCE East, along the north line of Ganzer Road and passing through that certain tract of land
described as Tract 2, in deed to Susan Carol Dodd (96-R0000031), a distance of 1,987.92 feet;
THENCE South. passing the soul, line of said Barthold Family Revocable Living Trust, and the common
north comers of that certain tract of land described as Tract 1, in said deed to Susan Carol Dodd (96-
R000603,1), and that certain tract of land described in deed to lane Banhold "Trevino (96-110006032), and
continuing along the common line thereof a distance of 3,031.54 [bet to their common south corners;
TlIENCF. East, along the south line of said Jane Barthold Trevino tract, a distance of 424.93 feet to a point
in the west line of that certain tract of land described in deed to B. B. Hopkins (Volume 654, Page 631);
THENCE South along the west line of said B. 13. Hopkins tract, a distance of 1,186.90 feet to a point in the
north line of that certain tract of land described in deed to Donald E. Green ( Volume 4665, .Page 744):
THENCE; West, along the north line of said Donald E. Green tract and the south Tuc ofthat certain tract of
land described in deed to Lena L. Erickson (Voltmne 654, page 645), a distance of 679.94 feet to the
common north corner of the aforementioned Donald 17. Green tract and that certain tract of land described
in deed to Krum Development L.P. (host. No. 2005-76312);
THENCE South, along the west line of said Donald E. Green tract, a distance of 1.758.07 feet to a point at
the southeast comer of that certain tract of tand described in deed to Herman 1-1. Hopkins, recorded in
Volumc 654, Page 633 of the Deed Records of Denton Coumy. Texas, and being a point in the Existing
Mutual Boundary Line between the City of Denton and the City of Krum as described in City of Denton
Ordinance No. 2001-318t
THENCE along the aforementioned Existing Munuil Boundary Line lice following nine 19) calls:
South, a distance of 2,506.31 feet to a Point for corner, said point being in the north line
of Fault to Muket (I'M) 1 173:
South 89 degrees 40 mimnes 20 seconds East, along ate north line of said Fan 1173, a
distance of 780.00 feet to a point for corner;
South 00 degrees 25 minutes 19 seconds West, a distance of 90.0o feet to a point in and
near the center if Masch Branch Road, and being in the soul], line of said FM 1173:
C CityofIRnI." 2000Cityor Krum-gTJtUrnapcutou-Kmm.doe
10/5, 2006 3; 59 MI
I of 3
a rthur Surveying Co., Inc.
Pxnfc=ssronal ,d 7rid Surveyors
a'.vl3V\JQ-1,1.Wis vie[l' IC1.175067
Oltice' (97Z)221-9.139 — F,n,, (972) 221-;675
North 89 degrees 44 minutes 51 seconds Last, along the south line of' said FM 1173. a
distance of 441.47 feet to the northeast corner of Lot 27 of Little Brook Estates, Unit No.
2 (Volatile 3, Page 5),
South 00 degrees 09 minutes 01 seconds Last irking lite east tine of said Lot 27, a distance
of 745.53 feet to it point at the northeast corner of that certain tract of land described in
deed to Dcnton Baptist Association, recorded in Volatile 2000, page 583 of the Real
Property Records of Denton County, Texas;
South 00 degrees 16 minutes 13 seconds East, along the east Tine of said Lot 27, a
distance of 520.80 feel to a pointfor corner;
North 89 degrees 53 minutes 33 seconds West, with the south tine of said Lot 27 and
passing the soullovest corner thereoi'and continuing along said course it total distance: of
443.50 feet to it point in and near the center of said Masch Branch Road;
South 00 degrees 25 minutes 19 seconds West, with the center of said Masch Branch
Road, a distance of 1,396.00 feet to a point for comer:
West, Passing at it distance of 2,532.00 feet, the point at which Cite said Existing Mutual
Boundary [,tile terminates, and continuing along said course a total distance of 2.807.47
feet to the common corner of those certain pacts of land described in deeds to Weldon
Leo Bell (Volume 1282. Page 50) and Warren L, Stratc ( Volume 1805, Page 716);
'L'HENCE South, along the common line of said Weldon Leo Bell and Warren E. Strate tracts, grassing the
south earner thereof, being the north comer of those certain tract of land described in deed to DOli ild E.
Stewart (Volume 1 101, Page 473) and Michael J_ Bayer (Volume 1165, Page 513) and continuing along
said course a total distance of 936.67.(Let to a point in tine north line of that certain tract of land described in
deed to Kenneth Kecsc (Volume 1179, Page 1951):
THENCE West, along the north line of said Kenneth Keese tract, it distance of 448.09 feet to a point at the
nordnvcsl corner thereof, being in the cast line of that certain tract of land described in deed to Kenneth
Keese ( Volume 849, Page 796);
THENCE South, along the east line of tile of ireuentioned Kenneth Keese tract, a distance of 657.73 feet
to a point at the southeast corner thereof;
THENCE West, the south line of lite afmrmeul ioned Kenneth Keese tract passing die southwest corner
thereof being the southeast center of Hillview Estates (Cabinet E, Page 294), and continuing along the
south line thereof, a total distance of 1.198,94 feel tea point a the sonihivest corner dtereof and being in the
east line of that certain remaining tract of had described in deed to James T. Addington, recorded in
Volume 611, Page 296 of the Deed Records of Denton County. Texas;
THENCE North_ along the cast line of the Addington remainder, a disttuce of 1.306.77 feet ton point in
the west line of that certain tract of lain described in deed to Michael Teony, recorded in Volume 4872.
Page 1189 of lite Real Property Records of Den(on County, Texas;
THENCE West, (nTr, across and through said Addington remainder, a distance of 1,450.14 feet to a point
in Lite west line thereof;
THENCE South, along the west line of said Addington remainder, a distance Off, 196.47 fort to a point at
the northeastcorner of that certain tract of land described in deed to Walter P. Johnson, recorded in Volume
C:ACity n'lkW.0 20a6`City onKr ll, - lil'.nllucsiDmnn6-t mm.doc
10/5/2006 3:59 MI
2of3
1,
a rthur Surveying Co., Inc.
Yrc7/essiacrral .C-rsud Surveyors
P,O, Box 54 -� hrwisvitle, I, 75067
017 iu.,_ (972) 221.9439 -- Fos- (972) 221-1675
5431, Page 3396 of the [teaI Property Records of Denton County, Texas;
Tl( ENCE West, along the north line of said Johnson tract, and continuing along the north line of that
certain tract of land described in deed to Vicki D. Wtaitrner, recorded under County Clerk's File No. 94-
R0094720 of the Real Property Records of Denton County, Texas, and continuing along the north line of
that certain tract of land described in deed to Daniel Ray McCraw, recorded under County Clerk's File No.
94-R0007127 of the Real Property. Records of Dentou County, 'Texas, and continuing along the north line
OF that certain tract of land described in deed to Russell Mark Sales, recorded under County Clerk's File
No. 93-R00030700 of the Real Property Records of Denton County, Texas, and conthwhig along the north
line of that certain tract of kwd described in deed to Hopkins Fawily'Trast, recorded under Instrument No.
2004-150227 of the Real Property Records of Denton County, Texas, and continuing along said course
over, across and through that certain tract of land described in deed to Gary D. Nellson, recorded wider
County Clerk's File No. 95-R0026933 of the Real Property Records of Denton County; Texas. a total
distance of 4,376,73 feet to a point in doe east line of said F.M. 156"
'm ENCE Northeasterly along the east line of said F,M. 156, approximately 3971cet to file intersection of
the aforementioned east line and the current 1/2 mile City of Knwi extraterritorial jurisdiction line as
established stations.
This docuraent was prepared under 22 TAC U53 21, does not refleet the
results of anon the ground surveil, and is not to be used to convey or establish
interest in real property except those rights and interest implied or established
by the creation or reconfiguration of the bounding of the political subdivision:
for which it was prepared
rV`� � `r{eoteveti�aS
W. WAD N41JRLEY III
...5$02 ...t:y.....
efs
aN0 su+z*
C:1Cityof Denton 2006ACityar Kr ,,.lIl'.tADonsVDentin..Kru,it,
1e15120063:59 PM
3 of 3
Exhibit B
net loss of 0 acres Existing ETJ Boundary Line
Proposed ETJ Boundary Line