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HomeMy WebLinkAboutOrdinance No. 2010-1855CITY OF THE COLONY, TEXAS ORDINANCE NO.2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, RELEASING FROM THE CITY OF THE COLONY'S CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION ("ETJ") AN APPROXIMATELY 22.391 ACRE TRACT OF LAND, AS DESCRIBED AND DEPICTED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES AND THE ETJ MAP OF THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 25, 2010, the City of the Colony, Texas (hereinafter referred to as the "City"); the City of Frisco, Texas (hereinafter referred to as "Frisco"); and the North Texas Municipal Water District (hereinafter referred to as "NTMWD") entered into a Settlement Agreement (hereinafter referred to as the "Settlement Agreement") concerning the court case City of The Colony v. North Tex. Mun. Water Dist., 272 S.W. 3d 699 (Tex. App. - Ft. Worth 2008, pet. filed), and the petition for review filed with the Texas Supreme Court, in Cause No. 09-0069; and WHEREAS, Section 6 of the Settlement Agreement provides that the City shall release all jurisdictional and extraterritorial claims to an approximately 22.391 acre tract of land; and WHEREAS, the approximately 22.391 acre tract of land is located within the B.B.B. & C.R.R. Co. Survey, Abstract No. 171, and the B.B.B. & C.R.R. Co. Survey, Abstract No. 179, Denton County, Texas, which is more particularly described and depicted in Exhibit A of this Ordinance which is attached hereto and incorporated herein for all purposes (hereinafter referred to as the "Property"); and WHEREAS, Section 43.142 of the Texas Local Government Code provides the authority for the City Council of the City of The Colony, Texas, to disannex the Property by ordinance; and WHEREAS, Section 43.031 of the Texas Local Government Code also authorizes adjacent municipalities to mutually agree to adjust their boundaries provided the area is less than 1,000 feet in width; and WHEREAS, the Property, as described and depicted in Exhibit A of this Ordinance, is approximately 500.99 feet in width at its widest point; and WHEREAS, Section 42.023 of the Texas Local Government Code authorizes the City Council of the City of The Colony, Texas, to reduce its extraterritorial jurisdiction by written consent by ordinance or resolution. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City of The Colony, Texas, hereby releases, relinquishes, and discontinues any claim or entitlement to an approximately 22.391 acre tract of land, as described and depicted in Exhibit A which is attached hereto and incorporated herein by reference, as being within the corporate limits of the City of The Colony, Texas. SECTION 3. That the City of The Colony, Texas, hereby releases, relinquishes, and discontinues any claim or entitlement to an approximately 22.391 acre tract of land, as described and depicted in Exhibit A which is attached hereto and incorporated herein by reference, as being within the extraterritorial jurisdiction of the City of The Colony, Texas. SECTION 4. That 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 area as described and depicted in Exhibit A which is attached hereto, as part of the corporate limits or extraterritorial jurisdiction of the City of The Colony, Texas. SECTION 5. That the City Manager, City Secretary, City Attorney, and City staff are hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including but not limited to any corrections to the official map of the City to reflect the City's boundaries, and extraterritorial jurisdiction, as well as all appropriate filings with any and all governmental agencies or entities so affected by the acts described in this Ordinance. SECTION 6. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. This Ordinance shall become effective from and after its date of passage in accordance with law. Page 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17th day of AUGUST, 2010. ~ ATTEST: r~ Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney Page 3 Exhibit A Depiction and Legal Description of Approximately 22.391 Acre Tract of Land Page 4 LEGAL DESCRIPTION ICE-ANNEXATION BEING 22.391 acres of land located in the B.B,B. & C.R.R. CO, SURVEY, ABSTRACT NO. 171, and the B.B.B. & C.R.R. Co. SURVEY, ABSTRACT NO. 179, ®enton County, Texas, and being a portion of the City of the Colony, Texas Annexation Ordinance No. 379, recorded In Volume 1824, Page 137 of the Deed Records of Denton County, Texas, and also being a portion of the tract of land designated as Tract 1 in the deed to Pulte Homes of Texas, L,P, recorded in County Clerk's File No. 2004-118342 of the Deed Records of Denton County, Texas, and a portion of the tracts of land designated as Parcel No. 1 and Parcel No. 2 in the deed to the United States of America recorded in Volume 466, Page 84 of the Deed Records of Denton County, Texas. Said 22.391 acres being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Northeast corner of said City of The Colony, Texas Annexation Ordinance No. 379, and said-POINT OF SEGIPINING also being a re-entrant corner on the West boundary line of Block 06, Frisco Lakes by Del Webb Golf Coarse, an addition to the City of Frisch, Denton County, Texas, according to the plat recorded In Cabinet X, Slide 592 of the flat Records of Denton Courityt-1exass, THENCE along the East boundary line of sold City of The Colony, Texas Annexation Ordinance No. 379, as follows: 1. S 00° 59'20" E 910,61 feet, to a concrete U.S. Corps of Engineers Boundary Monument, No. 66210-5 found in the East boundary line of the aforesaid Parcel No. 2 to the United States of America; 2, -S 01 ° 37' 51 ° E 199.61- feet, along the East boundary line of said Parcel No. 2 to a concrete U.S. Corps of Engineers Boundary Monument, No. 6B82-1-6 found; , THENCE S 16" 34' 23" W 139.30 feet, severing said City of The Colony, Texas Annexation Ordinance No, 379, and crossing said Parcel No. 2 to a concrete U.S. Corps of Engineers Boundary Monument, No. 66210-2 found in the West boundary line of said Parcel No. 2; THENCE S 10" 15' 39" W 812.77 feet, along the West boundary line of said Parcel No. 2 to a concrete U.S. Corps of Engineers Boundary Monument, No. 66210-1 found; PAGE I OF'3 Page 5 THENCE N 89° 45' 42" t 117.90 feet, along the North boundary line of aforesaid Parcel No. 1 to the United States of America to a concrete U.S. Corps of Engineers Boundary Monument, No. 6621-1-7 found at the Northeast corner of said Parcel No. 1, lying in the West boundary line of said Parcel No. 2; THENCE along the East boundary line of said Parcel No. 1 and the West boundary line of said Parcel No. 2, as follows: 1. S 16" 51' 66" W 629.35 feet, to a concrete U.S. Corps of Engineers Boundary Monument, No. 5632-1-6 found; 2. S 67° 28' 50" W 28.52 feet, to a point in the West boundary line of said City of The Colony, Texas Annexation Ordinance No. 379; THENCE along the West boundary line of said City of The Colony, Texas Annexation Ordinance No. 379, as follows. 1, N 08° 33' 41" W 1518.57 feet, to a point; 2. N 01" 36'42" W 233.00 feet, to a point; 3. N 00° 59' 36" W 939.00 feet, to a point at the Northwest corner of said City of The Colony, Texas Annexation Ordinance No. 379; THENCE S 88° 04'28" E 500.99 feet, along the North boundary line of said City of The Colony, Texas Annexation Ordinance No. 379 to the POINT OF BEGINNING containing 22.391 acres (975,343 square feet) of land. PAGE 2 of ~3 Page 6 EXHIBIT POINT OF BEGINNING (5/8" IRON ROD FOUND NORTHEAST „x~6 oa'R4=.F ERG p4 CORNER OF ANNEXATION TRACT) QS'h Mm GG TR*0 LAKES by m "as CON ~svv PRb.C.T• I it N 1'36'42" Y - 2ss.oo' I • ~~ti 4 I x saRfyyA A85T~4Ct DLO, I Ca Sji fc R• 1 o A N 4bT':I ` N 1.37'51° E = 198.61' I ~I \ S 15'34'23 W J s• ry I + a 139.30' 'Jam 6• em- Ass, , wES°Camqt5[ rKmill11 i C fix, StmC" 092 PAJ) C." N as 0'42 © 117.40' ,f' \ \ N ! ~r lye osp R~EY C ds CO, SO q E C.R R' Na. 19 ~l;r. C y5 y 18'va ~B5(RACt Vi J"T PdarK of JAMES USA PAPKiI NO. T , Y.' 0 VOL 156, PC, 69 ( 14 O,itO.6T, y q or4 S 67'28'50" W 9~Q S1 28.52' 1 A C Ik. Mo. u r 'ABSSURVEY LINE DEARtNC RASE THE BEARINGS BHObN IIBREON ARE STATE PLANE (ORIO D$ARINCS (HAD 113) FOR THE TEXAS N013TH CENTRAL ZONE (4202) ESTAOU$HE0 USINU THE GLOBAL POSITIONING I Y.STEM SATELAT49, AND LOCAL CONTINUOUSLY OPERATINU REVERENCE STATIONS, > `1 0 jJ9 CkR'Nc. sORNEY CO' t RAC Na T! 74 A THE COLONY, TEXAS DE-ANNEXATION PROJECT EXHIBIT- MAP BRITTAIN & CRAWFORD OF. LAND EURVEVING & 22.391 ACRES OF LAND ~ TOPOGRAPHIC MAPPING LOCATED IN (817) 926-0211 1)0 (61]) ,29-5117 FAX no (01177) 916-0347 THE B.B.g. & C.R R CO. SURVEY . , P.U. Cox 11.371 ' 3906 SOON FRLEWAY ABSTRACT No, 171, AND THE B.H.B. & . PORT WOW, TEXAS 76110 ~('i 71 C 1 t1w A (j (41 Ewe oom owafw-11,.1«a,om C.R.R. CO. SURVEY, ABS'T'RACT No. 178, ll~k A A kv~C DENTON COUNTY, TEXAS PAGE 3 OF 3 (J.U.) C0LONY-ANNEX\C0L011Y-•ANNEx,drrg t•gm Page 7