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HomeMy WebLinkAboutOrdinance No. 2014-2089 CITY OF THE COLONY,TEXAS ORDINANCE NO. 2014 -2089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, DISANNEXING FROM THE CORPORATE LIMITS OF THE CITY OF THE COLONY, TEXAS, AN APPROXIMATELY 25.024 ACRE TRACT OF LAND AND AN APPROXIMATELY 2.124 ACRE TRACT OF RIGHT-OF-WAY, AS DEPICTED IN EXHIBIT A, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES, AND RELEASING ALL RIGHTS TO SAID DISANNEXED TERRITORIES AS PART OF THE CITY OF THE COLONY'S EXTRATERRITORIAL JURISDICTION; PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 43.142 of the Texas Local Government Code provides that "[a] home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter;" and WHEREAS, Section 1.05 of the Home-Rule Charter of the City of The Colony, Texas, authorizes the contraction of boundaries whenever in the opinion of the City Council there exists within the corporate limits of the City of The Colony, Texas, any territory, either inhabited or uninhabited, not suitable or necessary for orderly planning and development of the City, the City Council may, by ordinance duly passed disannex such property as a part of said City, and from and after the entry of such ordinance said territory shall cease to be a part of said City; and WHEREAS, Section 43.021 of the Texas Local Government Code also provides the authority for the City of The Colony, Texas, to exchange areas with other municipalities; and WHEREAS, two (2) separate public hearings were conducted on the disannexation of property, the first being held on Tuesday July 15, 2014, at The Colony City Hall, 6800 Main Street, The Colony, Texas 75126, and the second public hearing being held on Tuesday July 15, 2014, at The Colony City Hall, 6800 Main Street, The Colony, Texas 75126. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS: Section 1. FINDINGS INCORPORATED That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. DISANNEXATION OF PROPERTY That the properties depicted in Exhibit A, attached hereto and incorporated herein for all purposes, be and are hereby disannexed from the corporate limits of the City of The Colony, Texas, and the same are hereby no longer a part of the City. Further, upon disannexation, the City hereby releases all rights to said disannexed territories as being within the City's extraterritorial jurisdiction. Section 3. OFFICIAL CITY MAP The official map and boundaries of the City of The Colony, Texas, heretofore adopted and amended be and are hereby amended so as to exclude the properties depicted in Exhibit A, from the corporate limits of the City of The Colony, Denton County, Texas. Section 4. RELEASE PROPERTIES FROM THE ETJ OF THE CITY The official map and boundaries of the City of The Colony, Texas, heretofore adopted and amended be and are hereby amended so as to exclude the properties depicted in Exhibit A, as part of the extraterritorial jurisdiction of the City of The Colony, Denton County, Texas. Section 5. SUBMISSION TO GOVERNMENTAL AGENCIES The City Manager and or City Attorney are hereby directed and authorized to file a certified copy of this Ordinance with the necessary governmental agencies, including the United States Department of Justice. Section 6. SEVERABILITY CLAUSE If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, or unconstitutional, or if any portion of said properties is incapable of being disannexed by the City of The Colony, Texas, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, paragraph or provision to any other person or portion of said properties, situation or circumstance, nor shall the adjudication affect any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City of The Colony, Texas. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have disannexed the valid properties without the invalid part and invalid properties and to this end the provisions of this Ordinance are declared to be severable. Section 7. EFFECTIVE DATE This Ordinance shall become effective upon full and final satisfaction of the mutual obligations of the parties of that certain Boundary Adjustment Agreement by and between the City of Carrollton, Texas, the Town of Hebron, Texas, and the City of The Colony, Texas. Notwithstanding anything to the contrary, if such mutual obligations set forth in said Boundary Adjustment Agreement have not been fully and finally satisfied by December 31, 2014, then this Ordinance shall automatically be deemed null and void from and after December 31, 2014, for all purposes. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS,THIS 19TH day of AUGUST,2014. J.- McCou , , Mayor ATTES ;? o/di - kf,,- buia,,,,...„f ��'� pF TNS Christie Wilson,City Secretary �,,G�,- .0 ;.lam 1. APPROVED AS TO FORM: '• [ l{„r ' ' i—= ice°• J- ' Moor-, Sity Attorney �'E X q�b ,, Exhibit A Legal Description and Depiction of Disannexed Properties [Approximately 25.024 Acre Tract of Land and Approximately 2.124 Acre Tract of ROW] 814x503200 EXHIBIT CITY OF THE COLONY—DISANNEX WEST CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT DENTON COUNTY,TEXAS A tract or parcel of land situated in the S.B.Evans Survey,Abstract No.397,and in the David Cook Survey,Abstract No.234, Denton County Texas, being part of the called 503.5248 acres tract described in the deed to Trammell Crow Company No.43 recorded in Volume 2899 Page 713 in the Denton County Deed Records(DCDR),and being more particularly described as follows; COMMENCING at the intersection of the centerline of Plano Parkway(100'wide right-of-way) and the common City Limit line between the City of Carrollton and the Town of Hebron as established in 2008,said point being South 18°52'59"West 3141.75 feet from the intersection of the centerline of Plano Parkway and the centerline of Windhaven Parkway; THENCE North 44°47'08"West 60.00 feet departing the centerline of Plano Parkway; Thence Southwesterly along a line 60 feet northwest of and parallel to the centerline of Plano Parkway the following: Southwesterly an arc distance of 287.76 feet along a curve to the right having a radius of 1190.00 feet,a central angle of 13°51'18",and the chord bears South 52°37'24"West 287.06 feet; South 59°35'27"West 806.49 feet; THENCE North 35°19'40"West 685.17 feet to the POINT OF BEGINNING; U ' THENCE South 24°54'49"West 320.75 feet; THENCE Westerly an arc distance of 738.29 feet along a tangent curve to the right having a radius of 625.00 feet,a central angle of 67°40'55",and the chord bears South 58°45'16"West 696.11 feet; THENCE North 87°24'17"West 496.65 feet tangent to the previous curve; THENCE Westerly an arc distance of 301.37 feet along a tangent curve to the left having a radius of 874.91 feet,a central angle of 19°44'10", and the chord bears South 82°43'42"West 299.88 feet; THENCE Northeasterly along a line 10 feet east of and parallel to the east side of the called 385.1970 acres tract described in the deed to CB/TITTLE,LTD.recorded in Volume 4262 Page 1590 in the DCDR,the following: North 72°51'27"East 195.28'feet not tangent to the previous curve; Page 1of4 COLONY-Oisannex W 'i lune 24.2014 B14x503x00 North 01°29'02"West 220.12 feet; I North 21°3125" East 93.49 feet; North 29°27'02"East 75.78 feet; North 61°14'08" East 54.07 feet; North 79°38'58"East 147.00 feet; North 00°20'17"West 423.10 feet; THENCE North 61°00'27"East 156.23 feet; THENCE North 59°15'17"East 591.26 feet. THENCE South 35°19'40"East 755.83 feet to the Point of Beginning and Containing 25.024 • acres of land more or less. This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. ' I Page2of4 COLONY-Disannex W June 24,2014 EXHIBIT CITY OF THE COLONY — DISANNEX WEST CARROLLTON—HEBRON—THE COLONY BOUNDARY ADJUSTMENT THE COLONY TO CARROLLTON, DENTON COUNTY, TEXAS aIm / / / x rc //-_,i/ / /J I �� ABSTRACT IBI_ 1 / '— / ABSTRACT 397i x — 1 , / £ l / o- �1S ./ „ \ / Orr GEASTTNC )i THE a oxv SAWJ"cL sr EwNS SURYaY / K ABSTRACt}B> ." F me c aR \ CM CA TK COWRY CITY OF LEVOSVILLE I \ cu�4c<0 / • oe '''.;-, \ \\ /d ABOANO SmACr CaOt SJR43.N EYr iy.. \ 1�0 N^5900 u �v�',*.¢' \\-POINT OF SMITHS � '�'`" ,��`�q ,A° d'A• ••' BEGINNING PTY Km .Eo TON yds 1'"'tib 9 `,[" an(Y ME CAI.CNY V\ *0 0 ,p'''41? I, : .R.�* / Za.ss"`BEs j L97COMMENCING 'NZ isi / —" Cy POINT ki CITY OF CARROLLTON ETOSTNC ��ym +� t— CM aE RRC COLONY „.-5,. u_.. CO PROPOS© r. 4' / if,,•,, ,y • an CC CARREL MAI 1; ¢ ��'I 15.01a AIRES ��d0 ys y L76 30�$ tea' PJe. goo49�ti' 4.1t-Ft ,(904'. y1.ti \ CITY or CARROLLTON \Ort UNITS CCSTING ?/ Z• ?�v'o4'�a i=o2`' \ 2'4,, \ ?�.E 0 �QJ , z....:----_,. /,\... \ y�2O QV \,O 0 i'v�w' This document was prepare under 22 TAC§663 21,does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. i ��E �F J' ,, / / N tri A- :: •;�,1�� /� '. , � '`�" SBASELINE Hey •ELAND i '4 2036 ?R0=ESSION,1L SUR'.'E vpRs • 0 0`..q / 1801 GatewayBlvd. 972.535.6325 9li•.E.SS\, -l° Suite 103 972.535.6326 fr : SUR i Richardson,Texas 75080 www.baselinesurveyors.net -.4,v,0,- MKS Firm No.10193933 Scale:1"=500' I Page. 3 of 4 1 Date June 24,2014 1 Job No.. 814X503 Dwg.File: TCDAnx WEST EXHIBIT CITY OF THE COLONY - DISANNEX WEST CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT DEN TON COUNTY, TEXAS CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C38 1190.00' 287.76 287.06 552'37'24W 13'51'18 C30 625.00' 738.29' 696.11' S58'45'16"W 6740'55" C31 874.91' 301.37' 299.88' 582'43'42"W 19'44'10' UNE BEARING DISTANCE L97 N44'47'08'W 60.00' _L92 659'35'27'W 806.49' L93 N35'19'40'W 685.17' L75 524'54'49"W 320.75' L76 N8724'17"W 496.65' L77 1472'51'27"E 195.28' L78 NO1'29'02'W 220.12' L79 N21'31'25"E 93.49' L60 N29'27'02"E 75.78' LB1 N61'14'08"E 54.07' L82 N79'38'58"E 147.00' L83 1400'20'17W 423.10' L84 N61'00'27"E 156.23' L85 1459'15'17"E 591.29' L86 535'19'40"E 755.83' -4:11.1,21 I I I This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground PROFESSIONAL SURVE"ORS survey.and is not to be used to convey or establish Interests in real property except those rights and 1801 Gateway Blvd. 972.535.6325 interests implied or established by the creation or reconfiguration of the boundary of the political Suite 103 972.535.6326 subdivision for which it was prepared. Richardson,Texas 75080 www.baselinesurveyors.net TBPtS Firm No.10193933 Page: ;4 of 4 Date: June 24,2014 Job NO.: 814X503 I Dwg.file TCDAnx-Tables WEST Approximately 2.124 Acre Tract of ROW U B14x503x00 EXHIBIT CITY OF THE COLONY—DISANNEX RIGHT-OF-WAY CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT DENTON COUNTY,TEXAS A tract or parcel of land situated in the S.B. Evans Survey,Abstract No. 397, in Denton I County Texas, being part of the right-of-way of Plano Parkway and being part of the called 503.5248 acres tract described in the deed to Trammell Crow Company No.43 recorded in Volume 2899 Page 713 in the Denton County Deed Records(DCDR), and being more particularly described as follows; COMMENCING at a point on the centerline of Plano Parkway(100'wide right-of-way), a corner in the common City Limit line between the City of the Carrollton and the Town of • Hebron as established in 2008, said point bears South 25°10'53"West 1339.10 feet from the intersection of the centerline of Plano Parkway and the centerline of Windhaven Parkway; THENCE Northerly an arc distance of 10.00 feet along the centerline of Plano Parkway and along a curve ti the right having a radius of 2500.00 feet, a central angle of 00°13'45",and the • chord bears North 14°06'56"East 10.00 feet; THENCE North 75°59'57"West 10.00 feet departing the centerline of Piano Parkway to the POINT OF BEGINNING; THENCE Southerly along a line 10 feet west of and parallel to the centerline of Plano Parkway the following: Southerly an arc distance.of 664.72 feet along a curve to the left having a radius of 2510.00 feet,a central angle of 15°10'25",and the chord bears South 06°38'33"West 662.78 feet; South 00°56'40"East 200.00 feet tangent to the previous curve; Southerly an arc distance of 998.97 feet along a tangent curve to the right having a radius of 1240.00 feet, a central angle of 46°09'32",and the chord bears South 22°08'06"West 972.18 feet; THENCE North 44°47'08"West 50.00 feet not tangent to the previous curve to a point 60 feet west of the centerline of Plano Parkway; ' THENCE Northerly along a line 60 feet west of and parallel to the centerline of Plano Parkway the following: Northerly an arc distance of 958.69 feet along a nontangent curve to the left having a radius of 1190.00 feet,a central angle of 46°09'32", and the chord bears North 22°08'06" East 932.98 feet; North 00°56'40"West 200.00 feet tangent to the previous curve; Page 1 of 4 COLONY-Disannex ROW June 24,2014 B14x503x00 Northerly an arc distance of 677.77 feet along a tangent curve to the right having a radius of 2560.00 feet,a central angle of 15°10'09", and the chord bears North 06°38'25"East 675.79 feet; THENCE South 75°59'57"East 50.00 feet, not tangent to the previous curve,to the Point of Beginning and Containing 2.124 acres of land more or less. This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. I f i y i 9 Page 2 of 4 COLONY-Disannex ROW June 24,2014 EXHIBIT CITY OF THE COLONY - DISANNEX RIGHT-OF-WAY CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT THE COLONY TO CARROLLTON, DENTON COUNTY, TEXAS a�m , rr m —— COMMENCIN/ ///// POINT ( / POINT -i / BEGINNING i / J L57 J 7 ✓� 1/ \ i / — -- i 35siRmr 397 i i 14 \\.-r-- d$3�, l // 0 f • dee Z,`°*5 C ,P g. / PROPOSED NEN ALIGNMENT 4.9'44;,,, s8,f/ 2.124 ACRES np // cn ac n¢caanc 6 vuces a.Evv.xs succor f °BsianGi d9] ne c r / coon d IME GOLIXIY .. _ CITY OF LE'WISVILLE ,�+� y C I eS y an.3meerOOon v \`—/,, .iaj cr qs. 3J e 3 o° / p;d FY e, e o f a3 g5.ys' BASTING cf5gs � R6�, �p tea" me Or C�Mfla!:cx. yn :;90 a c o cxr Ca .ssranc:�. ].�SSaGT..9] r i / ' CIN OF CARROLLTON has /,‘"; an rcarsi.t ca.c r / y3i`°j� i' 11 ore 4,CARROLLTON R'"p ¢�?¢ ���,'•••,—„ 25 ON ACRES d°q :` /�. C 4 q4 /------------ \• 5a cYy0:, pPAw) e c'i�q,�'j. � eg e On 1..7, ExC050 uE 0 �¢J ? a Cp \a- ia,oy. i is nits document was prepare under 22 TAG§663 21,does not reflect the results of anon the ground survey.and is not to oe used to convey or establish interests in real property except those rights and interests implied or e,stabiished by foe creation or reconfiguration of the boundary of the political ' subdtnslon for wrath it was prepared Ia1 �qE F pF� , q :....Te .„Afros ”" 4/THOMAS if; . �` IIBASE LINE tTHOMASa r 06 aove,siorea Sua,e ,a s /�,,9,'.OPf55\Otyob, 1801 G10 way Blvd. 972.535.6325. ' ....SUR ` Richardson,Texas 75080 www.baselinesurveyors.net SJR TBPLS Firm No.10193933 Scale 1"=500' Page' 3 of 4 l Date June 24,2014 Job No: 1314X503 Dwg.File TC DAnx ROW EXHIBI T CITY OF THE COLONY - DISANNEX RIGHT-OF-WAY CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT DEN TON COUNTY, TEXAS CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C20 2510.00' 664.72' 662.78' 506'38'33'W 15'10'25" C21 1240.00' 998.97' 972.18' 622'08'06'W 46'09'32" — C22 1190.00' 958.69' 932.98' 922'08'06"E 46'09'32" C23 2560.00' 677.77' 675.79' N06 " '38'25"E 15'10'09 UNE BEARING DISTANCE L57 575'59'57"E 50.00' L58 N44'47'08"W 50.00' 1.59 500'56'40"E 200.00'_ L60 No0'56'40'W 200.00' ( Q:Y.:II:1 4 MI 0 11 II This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground PROFESSIONAL SURVEYORS survey.and is not to be used to convey or establish interests in real property except those rights and 1801 Gateway Blvd. 972.535.6325 interests implied or established by the creation or reconfiguration of the boundary of the political Suite 103 972.535.6326 subdivision for which it was prepared. Richardson,Texas 75080 www,baselinesurveyors.net TBPIS Firm No,10193933 Page: 4 of 4 I Date: June 24,2014 Job No.: 814X503 1 Dwg.File: TC DAnx-TablesROW