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HomeMy WebLinkAbout2001-318FILE REFERENCE FORM 2001-318 X Additional File Exists Additional.File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amendment to Boundary Adjustment Agreement — Ordinance No. 2006-362 12/19/06 JR 3 �Om OocumenuWrd'o®SwWIWum Bav WAg.'E' ORDINANCE NO c DO1 - 3 / 0 AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM WHICH RELEASES EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITIES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Mayor, or her designee, is hereby authorized to execute a Boundary Adjustment Agreement between the City of Denton and the City of Krum in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes The City Council hereby finds that the Agreement is in the public interest SSECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 40 day of 2001 ,�&� 410zk, EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY .- APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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, Krum has heretofore annexed or intends to annex certain real property into its city limits that is within Denton's extraterritorial Jurisdiction ("ETJ"), which property is particularly described in Exhibit "A" attached hereto and made a part hereof by reference and depicted in Exhibit "B" attached hereto and made a part hereof by reference (called the "Property"), and WHEREAS, Denton desires to release to Krum all of its rights in and to its ETJ in the Property and to consent to Krum's annexation of the Property, and WHEREAS, Denton and Krum desire to establish a future mutual city limit boundary between the two cities as more particularly described in Exhibit "C" attached hereto and made a part hereof by reference and depicted in Exhibit "D" attached hereto and made a part hereof by reference (called the "Future Mutual Boundary"), and WHEREAS, the governing bodies of Denton and Krum find that such 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 Release of ETJ Denton hereby releases and relinquishes all of its ETJ rights in and to the Property to Krum and consents to Krum's annexation of the Property, whether or not such annexation has S \Our DocumentsTontracts\01\boundary adjustment Krum doc Page 1 occurred prior to the date of this agreement, consents to Krum's annexation of the Property It is expressly agreed that this waiver and release shall only operate in favor Krum, and shall not constitute a waiver or release of any right, including ETJ rights, which Denton may be able to assert against another municipality In addition, if Krum does not complete the annexation of the Property within one year of the date of this Agreement this waiver and release shall be null and void and of no further force and effect SECTION II Future Mutual Boundary Denton and Krum hereby agree that their Future Mutual Boundary shall be as described in Exhibit C and depicted in Exhibit D In this regard each waives, releases and relinquishes its ETJ 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 C and D It is expressly agreed that this waiver and release shall only operate in favor of Denton and 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 III Severabilitv 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 S \Our Documents\Contracts\01\1oundary adjustment Krum doc Page 2 SECTION VII 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 0 day of� , 2001 CITY OF DENTON, TEXAS BY �,t,�(iYt Ci /s EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY h APPROVED AS TO FORM HERBERT L PJWUTY, CITY ATTORNEY is APPROVED BY DE4TON ORDINANCE NO A00/-- 3/0 CITY OF KRUM, TEXAS BY Da 99 MAYOR ATTEST BY lac✓ CITY SECRETARY S \Our DocumcntsTontracts\01\boundary adlustmmt-Krum doc Page 3 AS 0 APPROVED BY KRUMb.R6INANCE NO e? 001- k \ S \Our Documenis\Con1i2C6\01\boundary adjustment -Krum doc Page 4 ORDINANCE NO 2001-11 AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF KRUM AND THE CITY OF DENTON WHICH RELEASES EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITITIES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF KRUM, TEXAS HEREBY ORDAINS $, .CT)� ION 1 The Mayor, or his designee, is hereby authorized to execute a Boundary Adjustment Agreement between the City of Krum and the City of Denton in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes The City Council hereby finds that the Agreement is in the public interest SECTION L This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the r day of November, 2001 �a 2N - DAVID POLLEY, MAYOR ATTEST CITY SECRETARY APPROVED AS TO LEGAL FORM Ordmagce No 2001 0111 Page 1 T \COMMON\CLIENTSUTY OF KRUM\ORDINANCE NO 2001 0111 doe ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me th\s. Lie day of 2001, by EULINE BROCK, Mayor of the CITY OF DENTON, TEXAS, as omunicipal corporation, on behalf of said municipal corporation NPublic RICNARD80N NoterY P mm Slone of T es s "i fit My June 27 2005 STATE OF TEXAS COUNTY OF DENTON N6fary Public to and for the State of Texas This strument was acknowledged before me this � day of �_, 2001, by ��, Mayor of the CITY OF KRUM, TEXAS, a general law municipality, o ehalf of said municipality JOYCEJETER Notary Public stale of Tema My Commission Expires July 26, 2005 Not lic t and fo the State exas S 10ur Documents\Contracts\Ol \boundary ad)uslmenl Krum doc Page 5 Tract 1 BEGINNING for the Northwest Corner of the tract being described herein at the Northwest Corner of the second mentioned Versteeg tract (most northerly tract) in the West line of said Survey in the middle of Hopkins Road in the East line of the existing Krum City Limits line, from which the most Easterly Northeast City Limits Comer bears North a distance of 528 feet more or less, THENCE South 89 Degrees 16 Minutes 47 Seconds East with the North Line of said Versteeg tract a distance of 889 69 feet to a capped iron rod found for the Northeast corner of said Versteeg tract and the Northwest Corner of said Estes tract, THENCE South 89 Degrees 18 Minutes 28 Seconds East with the North Line thereof, generally along a fence a distance of 869 39 feet to a capped iron rod found for the Northeast Comer of said Estes tract and the Northwest Corner of said Fowler tract, THENCE South 89 Degrees 10 Minutes 00 Seconds East with the North line thereof along a fence a distance of 1225 79 feet to the Northeast Corner of said Fowler tract in Masch Branch Road, THENCE South with the West line of said Fowler tract in said Road and passing the Southeast Corner of said Fowler tract being in the North line of Farm to Market Highway 1173 and continuing along said course across said highway a total distance of 2596 31 feet to a corner on the South line of said Highway for the Southeast corner of the herein described tract, THENCE North 89 Degrees 45 Minutes 07 Seconds West along said Highway a distance of 141143 feet to the most Southerly Southwest Corner of the herein described tract, THENCE North 01 Degrees 56 Minutes 51 Seconds East recrossing said Highway at 90 feet passing a''/z" iron rod found for the most Southerly Southwest Corner of said Estes tract on the North line of said Highway and continuing along said course, in all, a total distance of 370 02 feet to a fence corner post at an angle point in the now Westerly line of said Estes tract, THENCE in a Northerly then Westerly direction with the most Southwesterly line of said Estes tract generally along a fence, the following 6 courses and distances, North 00 Degrees 56 Minutes 45 Seconds West a distance of 56 64 feet to a %2" iron rod found, North 15 Degrees 59 Minutes 17 Seconds West a distance of 52 39 feet to a /2 ' iron rod found, North 17 Degrees 25 Minutes 26 Seconds West a distance of 75 21 feet to a found pipe, 4 South 76 Degrees 43 Minutes 00 Seconds West a distance of 212 02 feet to a found nail, S \ROW Sh.ff, ,mu\Anne..B \KRUM FMB 08 300.n FXH I BIT A dw 9I31101 EXHIBIT A 5 North 83 Degrees 08 Minutes 00 Seconds West a distance of 86 07 feet to a ''/2" iron rod found, 6 North 88 Degrees 58 Minutes 53 Seconds West a distance of 366 97 feet to a '/2" iron rod found for he most Westerly Southwest corner of said Estes tract, THENCE North with the West line thereof generally along a fence a distance of 702 93 feet to a %" iron rod found for the Southeast Comer of said Freeman tract, THENCE North 89 Degrees 16 Minutes 23 Seconds West with the South line thereof a distance of 88 20 feet to the Southwest Corner of said Freeman tract in the middle of said Hopkins Road in the West line of said survey, THENCE North 00 Degrees 02 Minutes 33 Seconds West in said Road with the West line of said Survey a distance of 1398 86 feet to the PLACE OF BEGINNING and enclosing 145 8 acres of land more or less Tract 2 FIELD NOTES to all that certain tract of land situated in the J Haney Survey, Abstract Number 515, Denton County, Texas and being a survey of a called 150 acre tract described in the deed recorded under Clerk's File Number 94-R0089285, Real Property Records of said county, the subject tract being more particularly described as follows BEGINNING at a Metal Fence Comer Post in the South right-of-way of F M 1173, same being the Northeast comer of 117 92 acre tract described in the deed to Henry Beckman recorded in Volume 4293, Page 1577, THENCE North 01 Degrees 00 Minutes 00 Seconds East a distance of 90 01 feet to a ''/2" called iron rod set for the Northwest comer of the herein described tract in the North right-of-way of said highway, THENCE South 89 Degrees 40 Minutes 20 Seconds East a distance of 2424 feet to a %z" capped iron rod set for the Northeast corner of the herein described tract in the North right-of-way of said highway, THENCE South 00 Degrees 25 Minutes 19 Seconds West a distance of 90 00 feet to a point in the middle of Masch Branch Road for the Southeast comer of tract described herein, THENCE South 00 Degrees 25 Minutes 19 Seconds West with the middle of Masch Branch Road a distance of 2687 53 feet to a point in the center of said road for the Southeast corner of herein described tract and the Northeast corner of a called 10 00 acre tract described in the deed to Leslie R Peterson recorded in Volume 936, Page 804, Deed Records, Denton County, Texas, S\ROW Shared\Pmjecte\Anncxanon\KRUM FMB 011 30 01\Knnn EncroacM1mem Oans_F%HI01T Adu 9131101 EXHIBIT A THENCE North 89 Degrees 16 Minutes 56 Seconds West with the North line of said 10 00 acre tract and the South line of said 150 acre tract passing at 25 39 feet at a Wood Fence Corner Post and continuing along said course along or near a fence a total distance of 2452 58 feet to a Wood Fence Corner Post for the Southwest corner of the tract described herein and the Southeast comer of a tract described in the deed to Warren Edward Strate recorded under Clerk's File Number 98-R0033529 of said Real Property Records, THENCE North 01 Degrees 00 Minutes 00 Seconds East with the East line thereof passing at 594 21 feet a %z" capped iron rod found for the Southeast corner of said 117 92 acre tract and continuing on along said course along or near a fence a total distance of 2671 01 feet to the PLACE OF BEGINNING and enclosing 155 03 acres of land more or less Tract 3 FIELD NOTES to all that certain tract of land being a part of Tract 27 of Little Brook Estates Unit No 2 an addition in Denton County, Texas, according to the plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly described as follows, BEGINNING for the Northwest Corner of the tract being described herein at a concrete monument found for the Northwest Corner of said Tract 27 in the South nght-of-way of F M Highway 1173 and the East line of Masch Branch Road, THENCE North 89 Degrees 44 Minutes 51 Seconds East with the North line of said Tract 27 and the South line of said highway, generally along a fence a distance of 416 47 feet to a %a" iron rod found for the Northeast Corner of said Tract 27, same being the Northwest Corner of said Tract 28, from which the remains of an old concrete monument was found lying nearby, THENCE South 00 Degrees 09 Minutes 01 Seconds East with the East line of said Lot 27 a distance of 745 53 feet to a concrete monument found for the Northeast Corner of that certain tract out of said Tract 27, described in the deed to Denton Baptist Assoc , recorded in Volume 2660, Page 583 of Real Property Records of Denton County, Texas, THENCE North 89 Degrees 47 minutes 08 Seconds West with the North line of said Baptist tract, severing said Tract 27 a distance of 417 74 feet to a %2" iron rod found for the Northwest Corner of said Baptist tract in the West line of said Tract 27 and the East line of said Masch Branch Road, THENCE North 00 Degrees 03 Minutes 10 Seconds West with said East line and the West line of said Tract 27, generally along a fence occupying the East line of said road a S \ROW Shemtl\Pro)eClsWnncxe0an\KRUM FMB 08 30 01\W um Enmonchmem v,ns EXHIBIT A tloc 8131101 EXHIBIT A distance of 742 13 feet to the PLACE OF BEGINNING and, enclosing 7 122 acres of land Tract 4 FIELD NOTES to all that certain tract of land situated in the J Haney Survey, Abstract Number 515, Denton County, Texas, and being the Southerly 5 acres of Tract 27, Little Brook Estates, Unit 2, as shown in the plat thereof recorded in Volume 3, page 5 of the Plat Records and described in the deed from Connie Pullen et al to Trinity Baptist Church of Denton recorded in Volume 1955, Page 613 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southwest corner of the tract being described herein at a concrete monument found at the Southwest corner of Tract 27 and the Northwest corner of Tract 36 in the East line of Masch Branch Road as monumented, THENCE North 00 Degrees 10 Minutes 36 Seconds West with the West line of Tract 27 and the East line of Masch Branch Road as monumented a distance of 520 65 feet to an iron rod set for the Northwest corner of the Trinity Baptist Church Tract 1 2 feet West of a concrete monument THENCE South 89 Degrees 54 Minutes 46 Seconds East severing Tract 27 with the North line of the Trinity Baptist Church Tract a distance 417 65 feet to a concrete monument found at the Northeast comer thereof in the East line of Tract 27, THENCE South 00 Degrees 16 Minutes 13 Seconds East with the East line of Tract 27, a distance of 520 80 feet to a concrete monument found at the Southeast corner thereof in the North line of Tract 36, THENCE North 89 Degrees 53 Minutes 33 Seconds West with the South line of Tract 27 a distance of 418 50 feet to the PLACE OF BEGINNING and enclosing 4 998 acres of land S\ROW Shored PmcctMnne noomKRUM FMB o8 J0 01\Kwm Enemichmem naps EXHIBIT Adoc 3131101 EXHIBIT B I t r r EXISTING CITY OF DENTON 3 5 MILE ETJ t CITY OF KRUM ANNEXATION ORDINANCE 97-10 145 8 ACRES -C , CITY OF KRUM EXISTING KRUM CITY OF KRUM _ PROPOSED 1/2 MILE ETJ ANNEXATION ANNEXATION ORDINANCE 00-08 _- AREA 4 988 155 03 ACRES ACRE & 7 122 i ACRE TRACTS t N NCROACHMENT AREA 4000 0 4000 Feet GIS ENGINEERING DEPT CITY OF DENTON,TX EXHIBIT C BEGINNING at a point lying on the City of Krum %z mile extraterritorial jurisdiction line, as established of legal record, said point lying 292 feet west of the northeast corner of a 145 8 acre tract annexed by the City of Krum by Ordinance Number 97-10, said point being the BEGINNING of a Future Mutual Boundary line (FMB) between the City of Denton and the City of Krum, THENCE South 89 degrees 10 minutes 00 seconds East along the north line of said 145 8 acre annexation tract and along the said FMB line a distance of 292 feet to a point for corner, said point lying in Masch Branch Road, THENCE South along the said FMB line and the most eastern line of said 145 8 acre annexation tract a distance of 2,506 31 feet to a point for comer, said point lying on the north right-of-way line of F M Highway 1173, said point also lying on the north line of a 155 03 acre tract annexed by the City of Krum by Ordinance Number 00-08, THENCE South 89 degrees 40 minutes 20 seconds East along the north right-of-way line of said F M Highway 1173 and along said FMB line, same being the north line of said 155 03 acre annexation tract distance of 780 feet to a point for corner, said point being the northeast corner of said 155 03 acre annexation tract, THENCE South 00 degrees 25 minutes 19 seconds West along the east line of said 155 03 acre annexation tract and the FMB line a distance of 90 feet to a point for corner, said point lying in the middle of Masch Branch Road and being a point on the south right-of-way of F M Highway 1173, THENCE North 89 degrees 44 minutes 51 seconds East along the south nght-of-way of F M Highway 1173 and along the said FMB line a distance of 44147 feet to a point for comer, said point being the northeast corner of Tract 27 of Little Brook Estates Unit No 2, an addition in Denton County, Texas according to the plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, THENCE South 00 degrees 09 minutes 01 seconds East along the east line of said Lot 27 and the said FMB line a distance of 745 53 feet to a point for corner, said point being the northeast corner of that certain tract out of said Tract 27, described in the deed to Denton Baptist Association, recorded in Volume 2660, Page 583 of the Real Property Records of Denton County, Texas, THENCE South 00 degrees 16 minutes 13 seconds East along the east line of said Lot 27 and the said FMB line a distance of 520 80 feet to a point for comer, THENCE North 89 degrees 53 seconds 33 seconds West with the south line of said Tract 27 most of the way and the said FMB line a distance of 443 50 feet to a point for comer, said point lying in the middle of Masch Branch Road, said point also lying on the east line of said 155 03 acre tract annexed by the City of Krum by Ordinance Number 00-08, S\ROW Shared\Frolec8Wnnexulmn\KRUM FMB 08 ]0 0hKrum FMB_dcsaiDliondo 801 to] It l� *00JI M4 THENCE South 00 degrees 25 minutes 19 seconds West with the middle of Masch Branch Road, along the east line of said 155 03 acre annexation tract and the said FMB line a distance of 1,396 feet to a point for corner, said point being the southeast corner of said 155 03 acre annexation tract, THENCE North 01 degrees 00 minutes 00 seconds West along the south line of said 155 03 acre annexation tract most of the way and the said FMB line a distance of 2,532 feet to the ENDING of the said FMB, said point lying on the City of Krum %2 mile extraterritorial jurisdiction line, as established of legal record, THENCE initially progressing southwesterly along said City of Krum '/2 mile extraterritorial junsdiction line, as established of legal record, and continuing in a circumambient manner along said City of Krum'/z mile extraterritorial jurisdiction line, as established of legal record, to the POINT OF BEGINNING STOW Shared\Projects\Annexation\UUM FMB 08 30 01\Krum FMB description Jac 8131101 09 w EXISTING CITY OF DENTON 3 5 MILE ETJ EXISTING KRUM 1/2 MILE ETJ FMB ENDING FMB BEGINNING FUTURE MUTUAL BOUNDARY (FMB) FUTURE MUTUAL BOUNDARY 4000 0 4000 Feet GIS ENGINEERING DEPT CITY OF DENTON,TX