HomeMy WebLinkAboutResolution 1990-038
RESOLUTION NO. 90-38
WHEREAS, the City of Watauga, Texas has proposed to annex certain
territory consisting of 8.3 acres of land out of the John Edmonds Survey,
Abstract 457 and the Manuel Wilmeth Survey, Abstract 1621, said tract of
land consisting solely of the right-of-way for Bursey Road from the west
right-of-way line of Rufe Snow Drive west to U.S. Highway 377; and
WHEREAS, all or a portion of said right-of-way is in the extra-
territorial jurisdiction of the City of North Rich1and Hills, Texas; and
WHEREAS, the City Council of the City of North Rich1and Hills,
Texas finds that the tract which Watauga proposes to annex is so located
that it would serve no public purpose if it were annexed by the City of
North Rich1and Hills.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of North Rich1and Hills, Texas that:
I.
The City of North Rich1and Hills waives its right to annex all
or any port ion of the tract described in Exhibit "A", attached hereto.
This waiver is extended for the purpose of allowing the City of Watauga
to annex said tract.
II.
Exhibit "B", attached hereto, is the proposed Ordinance of the
City of Watauga annexing the tract in question and is attached for
descriptive purposes.
PASSED AND APPROVED THIS -Uth DAY OF à.J1g1]5òt
APPROVED:
~~~
, 1990.
ATTEST:
REX
EXHIBIT "A"
BEING a 8.3 acre tract of land, more or less, out of the John
Edmonds Survey, Abstract No. 457, the Mansel Wilmeth Survey,
Abstract No. 1621, and the Thomas Spronce Survey, Abstract
No. 1399, said tract of land consisting of the right-of-way
for Bursey Road from U.S. Highway No. 377 east to Rufe Snow
Drive, said tract described as follows:
BEGINNING at a point in the north city limits boundary line
of the City of Watauga, said point also being the point of
intersection of the original east line of U.S. Highway No.
377 (a 100 foot right-of-way) with the original south line of
Bursey Road (a 50 foot right-of-way), said point also being
the northwest corner of a 30 foot wide right-of-way
dedication to the City of Watauga as recorded in Volume 8679,
Page 596, of the Deed Records, Tarrant County, Texas;
THENCE, easterly with said city limits boundary line, the
original south line of Bursey Road (also known as
Wilson Road and as County Road 4094) and the north
line of said right-of-way dedication, at 30.26 feet
(deed) passing the northeast corner of said
dedication, and continuing with the north line of a
second right-of-way dedication as recorded in Volume
8679, Page 600, D.R.T.C.T., 171.01 feet (deed) to
the most 'northern northwest corner of the the M.A.
Blubaugh tract as recorded in Volume 8370, Page
2132, D.R.T.C.T.;
THENCE, continuing easterly with the south line of Bursey
Road and the north line of said Blubaugh tract,
767.51 feet (deed) to the beginning of a curve to
the right having a radius of 174.37 feet (deed);
THENCE, southeasterly with said curving south line of Bursey
Road, 273.45 feet (deed) to a point in the west line
of Whitley Road (also known as County Road 4024), a
50 foot right-of-way;
THENCE, southerly, with said west line of Whitley Road, at
668.08 feet crossing the south line of the John
Edmonds Survey, Abstract No. 457, and then
continuing southerly with the west line of the
Mansel Wilmeth Survey, Abstract No. 1621, in all
693.08 feet, more or less, to the northwest corner
of the Oxford Business Group tract as recorded in
Volume 8161, Page 1361, of the Deed Records, Tarrant
County, Texas;
THENCE, easterly, with the south line of Bursey Road and the
north line of said Oxford Business Group Tract 575
feet (deed) to the northwest corner of a tract of
land conveyed to G.T. Crowder as recorded in Volume
8181, Page 1707, D.R.T~C.T.;
THENCE, continuing easterly with the south line of Bursey
Road and the north line of said Crowder tract
1274.76 feet (deed) to the northeast corner of said
tract, said corner also being the intersection of
the south line of Bursey Road with the west line of
Indian Springs Road (a 60 foot right-of-way);
THENCE, continuing easterly across said Indian Springs Road
right-of-way with the south line of Bursey Road 60
feet, more or less, to the northwest corner of a 25
foot wide street dedication as shown on the plat of
Foster Village Section 17, Volume 388-162, Page 69,
P.R.T.C.T. ;
"
.
THENCE, continuing easterly with the original south line of
Bursey Road and the north line of said street
dedication 1814.21 feet (plat) to the northwest
corner of two adjoining tracts of land conveyed to
steve stringer as recorded in Volume 7773, Page 332
and Volume 7466, Page 489, D.R.T.C.T.;
THENCE, continuing easterly with the south line of Bursey
Road and the north line of said Stringer tract
1220.30 feet (deed) to the northeast corner of said
Stringer tract, said corner also being the
intersection of the south line of Bursey Road with
the west line of Rufe Snow Drive (a 60 foot
right-of-way) said point also being the existing
northeast corner of the city limits boundary, City
of Wataug.a;
THENCE, northerly, leaving said existing city limits
boundary, with the west line (extended) of Rufe Snow
Drive, 50 feet, more or less, crossing the existing
Bursey Road right-of-way to the southeast corner of
a tract of land conveyed to Bursey Ranch
Partnership/35 Acres as recorded in Volume 7813,
Page 1995, D.R.T.C.T., said corner also being the
intersection of the north line of Bursey Road with
the west line of Rufe Snow Drive;
THENCE, westerly, with the north line of Bursey Road and the
south line of said Bursey Ranch Partnership/35 acres
tract, 579.48 feet (deed) to the southeast corner of
a tract of land conveyed to Sharla F. Bursey as
recorded in Volume 7380, Page 132, D.R.T.C.T.;
THENCE, continuing westerly, with the north line of Bursey
Road and the south line of said Bursey tract 291
feet (deed) to the southeast corner of a tract of
land conveyed to the State Savings and Loan
Association of Lubbock as recorded in Volume 7639,
Page 190 (Tract No.3), D.R.T.C.T.;
THENCE, continuing westerly with the north line of Bursey
Road and the south line of said Savings and Loan
Association tract 1654.04 feet (deed) to the
southwest corner of said tract, said corner also
being the intersection of the north line of Bursey
Road with the east line of Willis Lane (a 50 foot
right-of -way) ;
THENCE, continuing westerly, with the north line (extended)
of Bursey Road, 50 feet, more or less, crossing the
existing Willis Lane right-of-way to the southeast
corner of a tract of land conveyed to the State
Savings and Loan Association of Lubbock as recorded
in Volume 7639, Page 190 (Tract No.1), D.R.T.C.T.,
said corner also being the intersection of the north
line of Bursey Road' with the west line of Willis
Lane;
THENCE, continuing westerly with the north line of Bursey
Road and the south line of said Savings and Loan
Association tract 857.51 feet (deed) to the
southeast corner of a tract of land conveyed to the
Keller Independent School District as recorded in
Volume 7318, Page 137, D.R.T.C.T.;
THENCE, continuing westerly with the north line of Bursey
Road and the south line of said Keller I.S.D. tract
1227.51 feet (deed) to the beginning of a curve to
the right having a radius of 175.02 feet (deed);
THENCE, northwesterly with said curving north line of Bursey
Road 273.39 feet (deed) to a point in the east line
of Whitley Road, said point also being in the west
,line of said Keller I.S.D. tract;
THENCE, northerly with the east line of Whitley Road and the
west line of said Keller I.S.D. tract 643.08 feet
(deed) to the northwest corner of said Keller I.S.D.
tract and the intersection of the east line of
Whitley Road with the south line of Wilson Road (a
50 foot right-of-way);
THENCE, northerly, with the east line (extended) of Whitley
Road crossing the existing Wilson Road right-of-way
50 feet,' more or less, to the intersection of the
east line of Whitley Road with the north line
(extended) of Bursey Road;
THENCE, westerly, with the north line (extended) of Bursey
Road 117.38 feet, more or less, crossing the Whitley
Road right-of-way to the most southern southeast
corner of a tract of land conveyed to the Trustees,
E-Systems, Inc., Pool Trust, as recorded in Volume
7739, Page 1250, D.R.T.C.T., said corner being the
intersection of the north line of Bursey Road with
the west cut-back right-of-way line of Whitley Road;
THENCE, continuing westerly with the north line of Bursey
Road and the south line of said E-Systems tract,
1065.54 feet (deed) to the southwest corner of said
tract, said corner also being the intersection of
the north line of Bursey Road with the original east
line of U.S. Highway No. 377 (a 100 foot
right-of-way) ;
THENCE, southwesterly with the original east line (extended)
of U.S. Highway No. 377 50 feet, more or less, to
the POINT OF BEGINNING.
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IIß"
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY CONSISTING OF 8.3 ACRES OF
LAND OUT OF THE JOHN EDMONDS SURVEY, ABSTRACT
NUMBER 457, THE MANSEL WILMETH SURVEY, ABSTRACT
NUMBER 1621, AND THE THOMAS SPRONCE SURVEY,
ABSTRACT NUMBER 1399, SAID TRACT OF LAND
CONSISTING OF THE RIGHT OF WAY FOR BURSEY ROAD
FROM U.S. HIGHWAY NUMBER 377 EAST TO RUFE SNOW
DRIVE, TARRANT COUNTY, TEXAS,' BY THE CITY OF
WATAUGA WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE
CITY OF WATAUGA, TEXAS; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a public hearing before the City Council of the
City of Watauga, Texas, wherein all interested persons were
provided with an opportunity to be heard concerning the proposed
annexation of the territory hereinafter described, was held
at
.m. on the
day of
, 1990,
which date is not more than forty (40) nor less than twenty (20)
days prior to the institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council of
the City of Watauga, Texas, wherein all interested persons were
provided with an opportunity to be heard concerning the proposed
annexation of the territory hereinafter described, was held
at
.m. on the
day of
, 1990,
which date is not more than forty (40) nor less than twenty (20)
days prior to the institution of annexation proceedings; and
WHEREAS,
notice of the first such public hearing was
published in a newspaper having general circulation in the City
of Watauga, Texas, and in the hereinafter described territory,
on the day of , 1990, which date is not
more than twenty (20) nor less than ten (10) days prior to the
date of each such hearing; and
WHEREAS, notice of the second such public hearing was
published in a newspaper having general circulation in the City
of Watauga, Texas, and in the hereinafter described territory,
on the day of , 1990, which date is not
more than twenty (20) nor less than ten (10) days prior to the
date of each such hearing; and
· '
WHEREAS, no written protests of the proposed annexation were
filed with the City Secretary within ten (10) days after the
publication of such notices.
WHEREAS, such public
requirements of Section 1.03
hearings and notices meet the
and all other provisions of the
Home Rule Charter for the City of Watauga, and all requirements
of the Statutes for the State of Texas; and
WHEREAS, prior to the publication of the above mentioned
notices, the office of the City Manager, in conjunction with the
Director of Public'works and upon request by the City Council of
the City of Watauga, prepared a Service Plan, attached hereto
and marked Exhibit "C", for examination and explanation to all
interested persons, providing for the extension of municipal
services into the area to be annexed; and
WHEREAS, the hereinafter described territory lies adjacent
to and adjoins the City of Watauga, Texas; and
WHEREAS, the hereinafter described territory is within the
extraterritorial jurisdiction of the City of Watauga, Texas; and
WHEREAS, the hereinafter described territory abuts or is
contiguuous to another jurisdictional boundary; and
WHEREAS, the City Council of the City of Watauga, Texas
finds that it is in the best interest of the citizens of Watauga
to proceed with the annexation of the above described territory
into the City of Watauga, Texas,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Watauga, Texas:
That the following
adjacent and adjoining
added and annexed to
I.
described
the
the
City
City
land and territory lying
of Watauga, Texas is hereby
of Watauga, Texas and said
territory hereinafter described shall hereafter be included in
the boundary limits of the City of Watauga, Texas and the
present boundary limits of such town " at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits
of the City of Watauga, Texas to wit:
--------_.__.~~-------_..__.
, I \ It
Approximately 8.3 acres of land, more or
less, and included within the John Edmunds
Survey, Abstract Number 457, the Mansel Wilmeth
Survey, Abstract Number 1621 and the Thomas
Spronce Survey, Abstract Number ,1399 said tract
of land consisting of the right of way for
Bursey Road from U.S. Highway Number 377 east
to Rufe Snow Drive of Tarrant County, Texas, as
further described in Exhibit "A" attached
hereto.
II.
The above described territory and the area so annexed shall
be a part of the City of Watauga, Texas and the property so
added hereby shall bear its pro rata share of the taxes levied
by the City of Watauga, Texas and the inhabitants thereof shall
be entitled to all of the rights and privileges of all citizens
and shall be bound by the acts, ordinances, resolutions and
regulations of the City of Watauga, Texas.
III.
Pursuant to Section 42.041(a), Texas Local Government Code,
duly
executed written consent agreements (in the form of
ordinances
or
resolutions)
of
municipalities
in
whose
extraterritorial jurisdiction the subject territory is located
are attached hereto and incorporated by reference as Exhibit
"B" .
IV.
If any section, sub-section, sentence, clause or phrase of
this Ordinance shall for any reason be held to be invalid, such
decision shall not affect the validity of the remaining portions
of this Ordinance.
V.
This Ordinance shall and does amend every prior ordinance in
conflict herewith, but as to all other ordinances or sections of
ordinances not in direct conflict, this ordinance shall be, and
the same is hereby made cumulative.
VI.
This ordinance shall and does become effective and in full
force and effect from and after the date of passage and adoption
by the City Council and upon approval thereof by the Mayor of
the City of Watauga, Texas, and publication hereof as prescribed
by law.
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PASSED AND ADOPTED by the City Council of
Watauga, Texas, this day of
APPROVED:
the City of
, 1990.
VIRGIL R. ANTHONY, SR.
ATTEST:
NANCY J. MEADOWS, City Secretary
APPROVED AS TO FORM:
MARK G. DANIEL, City Attorney