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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. :.\ 'l ,'.: ') 'iF' ~ :I . ~ 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. ~ ' " . ~ 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