HomeMy WebLinkAboutResolution No. 86-05 CITY OF THE COLONY, TEXAS,
RESOLUTION NO. ~/~-~D~
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A
BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF
FRISCO, TEXAS AND TO EXECUTE A REQUEST FOR RELIN-
QUISHMENT OF A TRACT OF LAND GENERALLY KNOWN AS
THE B. B. OWENS TRACT FROM THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF FRISCO; PROVIDING AN
EFFECTIVE DATE.
Whereas, the City of The Colony, Texas (the "City") owns approximately
twenty (20) acres of land, a legal description of which is attached hereto as
Exhibit "A" and incorporated herein for all purposes, which land is located within
a tract of land generally known as the B. B. Owens tract; and
WHEREAS, the City Council desires that this land be relinquished and
.discontinued from the extraterritorial jurisdiction of the City of Frisco, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body-of this resolution as if copied in
their entirety.
Section 2. That the Mayor of the City is hereby authorized and
empowered to execute a Boundary Adjustment Agreement with the City of
Frisco, Texas, a true and correct copy of which is attached hereto as Exhibit
Sectibn 3. That the Mayor of the City is hereby authorized and em-
powered to execute a Request for Relinquishment of the above-described land
from the extraterritorial jurisdiction of the City of Frisco, Texas, a true and
correct copy of which is attached hereto as Exhibit "C."
Section 4. That this resolution shall be effective from and after its date
of passage.
PASSED AND,_.APPROVED~by the City Council of the City of The Colony,
Texas this the y ~/~day of ~ , 1986.
City~:rf~he Colony, Texas
ATTEST:
Cify Seerettt~,, City of The
ColonT, Texas
[SEAL]
APPROVED AS TO FORM:
City Attor~of The
Colony, Texas
EXIII B'IT "A"
ALL THAT CERTAIN lot, tract or parcel of land situated in ~he ;4. ;JUNT
SURVEY, ABSTRACT RO. 624, Denton County, Texas, being part' of a 50.09
acre tract conveyed from B.B. Owen. to Lewisville Independent School Dis-
trict, 'kecorded in Volume 892, Page 933, Deed Records, Denton County,
Texas and being more pazticularly described as follows:
BEGINNING at an iron rod for the Southwest corner of the ~q. Duffield Suruey,
Abstract No. 361, same being the Southeast corner of original 50.09 acre
tract;
THENCE S 82"04'16". W, a distance of 430.74 feet to an iron rod for. corner
an.d a curve to the Left having a radius of 1825:00 feet;
T}IENCE .along said curve to the Left and the West line of Underwood Drive,
a chord..bear, ing of'S '09"34'29" W, 28.53 feet, a central angle of 00~53.45,,
an arc distance of 28.53 feet to an iron rod for corner and. the intersectio~
of. said-Underwood Drive with the North line of Squires Drive;
THENCE S 789"49'59" $.;, ~.~ith said Norfh line of Squir~s Drive 389.00 feet
to the Point 'of 'Curvature of a curve' to t~e Left having a radius of 1895.00
feet; .' , .
THENCE .along' said curve to the Left, with said Squires Drive, a chord '
bearing..$' 84"-31'17" W, 350.85 feet, a central' angle of 10"37'24,,
· , an arc
distance of 351.35 feet to an iron rod for corner;
THE~CE N 00"2.5.'16" %{, a distance of 789.29 feet to an iron rod for corner;
THENCE N 89"19'20" E, a distance of 1170.50 feet to an iron rod in the
middle of a..~ravel' road for corner;
T]]ENCE S .00"25'16,, E, along said road to a bend to the Right, then leav.{n(j
said road and continuing on same course a total distance of 680,94 feet
to the POINT ~OF BEGINNING, containing 20.00 acres of land, more or 3. ess.
EXHIBIT "B"
· THE STATE OF TEXAS §
§ BOUNDARY ADJUSTMENT AGREEMENT
COUNTY OF DENTON §
WHEREAS, the City of The Colony, Texas ("Tile Colony") and the City of
Frisco, Texas ("Frisco") (together, the "Cities") are duly incorporated muni-
cipalities under the laws of the State of Texas and are adjacent Cities located
in Denton County, Texas; and
WHEREAS, there lies a tract of land contiguous and adjacent to a part
of the northern boundary of The Colony, which tract of land consists of approxi-
mately 500 acres and being known as the B.B. Owens Tract and is more
accurately described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes; and
WHEREAS, said tract of land described in Exhibit "A" lies within the
extraterritorial jurisdiction of Frisco; and
WHEREAS, the Cities are authorized and empowered pursuant to the.
Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970a, (Vernon), as
amended, and other laws of the State to accomplish mutually agreeable
adjustments in their boundaries; and
WHEREAS, both Cities mutually agree that because of the proximity of
the tract of land described in Exhibit "A" to The Colony, said tract of land would
be more adequately served by The Colony with City services; and
WHEREAS, the respective City Councils of the Cities have heretofore
determined that this Boundary Adjustment Agreement is in the best interest of
the health, safety, morals and welfare of the citizens of the respective Cities
and have authorized the Mayor of each of the Cities to execute this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and
benefits flowing to both parties to this Agreement, the receipt and sufficiency
of which is hereby acknowledged, the City of The Colony and the City of Frisco
do hereby CONTRACT, COVENANT, WARRANT and AGREE as follows:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this Boundary Adjustment
Agreement as if copied in their entirety.
Section 2. Frisco hereby discontinues and relinquishes from its extra-
territorial jurisdiction all that certain tract of land described in Exhibit "A",
attached hereto and incorporated herein for all purposes and grants to The
Colony all of its rights, powers and duties in and to said tract of ]and. By
relinquishing its extraterritorial jurisdiction in said tract of land contained in
Exhibit "A", Frisco does not disannex, discontinue or relinquish any other
boundary, annexation or extraterritorial jurisdictionof Frisco.
Section 3. The Colony hereby acknowledges Frisco's discontinuance and
relinquishment of its extraterritorial jurisdiction in that tract of land described
in Exhibit "A", and agrees to initiate annexation proceedings relative to said
tract of land and, once annexed, provide and perform all necessary municipal and
governmental services and functions in and to said tract. In assuming control
over the tract of land described in Exhibit "A", the City of The Colony does not
acquire any jurisdiction in any other property that is not in the incorporated city
limits or the extraterritorial jurisdiction of Frisco.
CITY (DF THE COI2ONY';~ TEXAS
Mayo.~', CiTy O~.The-Colony, Texas
CITY 'OF FRISCO:,~ TEX~S
By:
Mayor,' City 'of 'Fri~6'6'?:'Texa~,,'.
· :':~' ,i ' '
'~. ., I'./'"' '.
..' , l,'!}.,,;. ' "'.',. ',.x.' *1
?; . .~ ...,..: .,',..:,. ,* ,,v,
...:.:' THE STATE OF TEXAS §
.- .. ".:i; ;'".;{ :~ '"' " ' § REQUEST FOR RELINQUISHMENT
· ','.?,,~;,:~.,:C. Ol~un'v OF DENTON § : ..'.~':' '"
· .' .,.t-.~ ~,,,.. ".
: ...~. ~y'~.'.~ . .. .
.'.'.,.:' ~ ;~';'.
': :::,t::'.'. WHEREAS, the'City of The Colony, Texas ("The Colony") and the ., ..
' i.:ii",",".~-.'Lewisville Independent School District ("Lewisville") are the only owners of a'""'" ":"
.'",:"iii.'..i!'i.:eer~ain tract of land consisting of approximately fifty (50) acres and being '."'..',!i:::i '.'..', . .
'. ,','.; ~. ?'5: generally known as. the B. B. Owens tract, with The Colony owning approxi- '. ',,,:::.
·".:~i'i'.(mately twenty (20) acres of said tract and Lewisville owning the remainder; and
· .:.".~,2 .' ·
"; '..'..:,:~%,; ~1 ' . ~ :"
,.~-::..~.. ,,
... ,.i,,...,.. ,'.WHEREAS, said tract of land, a legal description of which is attached ..:
:.':.'~" hereto as Exhibit "A" and Incorporated herein for all purposes, is located within ,,.
,..,.? the extraterritorial jurisdiction of the City of Frisco, Texas ("Frisco"); and :.. ~.. :,
..~ o:~ "t '.:'~.',
"-'(".,; ...... ... WHEREAS, The Colony and Le~iisville desire that said tract of land be ..
'. relinquished and discontinued from the extraterritorial jurisdiction.of Frisco.
'" NOW, THEREFORE, The Colony and Lewisville hereby submit this
Request for Relinquishment and do petition the City Council of the City of '"
Frisco as follows:.
Section 1. That the above and foregoing premise be incorporated into this
Request as if eopied herein in their entirety.
Section 2. That the City Couneil of the City of Frisco relinquish and.
discontinue that tract of land described in Exhibit "A" from its extraterritorial
. jurisdiction, i.
CITY OF THE COLONY, TEXAS
C,,-'qVlayo, r4', City'~f~I'he 'Colony, Texas
LEWISVILLE INDEPENDENT SCHOOL
DISTRICT
By:
Superintendent, Lewisville Independent
School District