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0950 OFFICIAL RECORD CITY OF SOUTHLAKE ORDINANCE NO. 950 R GRAPEVINE ORDINANCE NO. 2008-61 JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, both the City of Southlake and the City of Grapevine are home rule cities located in Tarrant County, Texas; and WHEREAS, Southlake and the City of Grapevine share a common boundary; and WHEREAS, Section 41031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, an area of property north of Highway 114 which contains the Grapevine Plaza shopping center currently is located in the City of Southlake, but is isolated from the rest of the City by Highway 114; and WHEREAS, the geographic isolation of that tract from the rest of the City of Southlake makes it more difficult and expensive for the City of Southlake to provide municipal services to that area; and WHEREAS, the current city limits of the respective cities bisect a building, resulting in confusion and create the possibility of delay in the providing of emergency services; and WHEREAS, the City of Southlake and the City of Grapevine now desire to enter into an agreement to adjust their corporate boundary lines, whereby the City of Southlake will release from its corporate limits that certain area described herein, and the City of Grapevine will incorporate said land as part of its corporate limits; and WHEREAS, the area subject to this boundary adjustment is less than 1,000 feet in width; and NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCILS OF THE CITY OF GRAPEVINE AND THE CITY OF SOUTHLAKE: SECTION 1. AGREEMENT TO ADJUST COMMON BOUNDARY Pursuant to Section 43.031 of the Texas Local Government Code, the City of Grapevine and the City of Southlake hereby agree that the boundary between the cities will be adjusted as described herein, and depicted on Exhibit "A", which is attached J209Z~g~21o p i to hereto and incorporated herein for all purposes. SECTION 2. RELINQUISHMENT OF TRACT OF LAND BY SOUTHLAKE AND ACCEPTANCE AND INCORPORATION OF LAND BY GRAPEVINE In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Southlake hereby relinquishes approximately 18.22 acres described on "Exhibit A" attached hereto and depicted on "Exhibit B" attached hereto, to the City of Grapevine and discontinues such property as a part of the City of Southlake corporate limits, and the City of Grapevine accepts said Tract into its corporate limits. SECTION 3. ADDITIONAL PROVISIONS In addition to the terms and provisions set forth above, the City of Southlake and City of Grapevine agree as follows: 1. Grapevine agrees to purchase the remaining value of the 8-inch water line extending eastward from a point located at the west right-of-way line of Austin Oaks Boulevard located in the Austin Oaks Addition, Grapevine, Texas, an approximate distance of 2,500 s L.F. to provide service to the Grapevine Plaza addition. The equity value remaining in the aforementioned lines shall be $28,575.00 as agreed upon by the two cities. 2. Furthermore, it is understood that Grapevine will assume the full cost of connecting the lines described in paragraph 1 to its water system and will assume full ownership and maintenance of these lines for the benefit of its citizens. 3. Grapevine and Southlake will share the cost (50% - 50%) of installing an 8-inch gate valve located at approximately the west right-of way line of Austin Oaks Boulevard to provide each city with emergency access to the other city's water supply should it become necessary under existing protocols. 4. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal Agreement under a separate document for the construction of Kimball Road between Shady Lane and Dove Road. 5. Grapevine agrees to the connection between the two separate (closely aligned but not abutting) roadways known in both cities as Nolen Drive at no cost to the City of Grapevine. Grapevine will attempt to acquire the necessary right-of-way for this connection within its City Limits at no cost. However, any costs that may be incurred for this acquisition shall be reimbursed by Southlake to Grapevine; provided that Southlake shall have the right to approve the purchase price prior to acquisition of the right-of-way. z ORD. NO. 2008-61 2 b292g126 p. 2 pe 6. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal Agreement under a separate document for the City of Grapevine providing sanitary sewer service for the Simmons Service area in the City of Southlake. 7. Grapevine agrees to reimburse Southlake for all property (and sales) taxes for Southlake properties, which have been misappropriated to the City of Grapevine since January 1, 1998. This amount shall be agreed upon by the respective cities' financial officers. The location of the city limit boundary is determined by the attached map, Exhibit B. In addition, a text description is attached as Exhibit A to this document. For clarification purposes, the westbound SH 114 frontage roads shall lie within the city limit boundaries of Grapevine upon execution of this document. 8. The provisions of paragraphs 1 through 7 of this Section 3 create binding obligations, however, Grapevine and Southlake hereby agree that the performance of such obligations is not a condition precedent to the boundary adjustment provided for in Sections 1 and 2 of this Joint Ordinance and Boundary Agreement and that such performance does not affect the validity or enforceability of the boundary adjustment. 9. When either party is required to make a payment under the provisions of this Section 3, that party shall make the payments from current revenues available to such party. SECTION 4. PROVISIONS CUMULATIVE , This ordinance shall be cumulative of all provisions of ordinances of the City of Grapevine and the City of Southlake, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Councils of the City of Grapevine and the City of Southl.ake that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. z ORD. NO. 2008-61 3 ~ 20920Z p. 3 SECTION 6. AGREEMENT TO PROTECT The City of Grapevine and the City of Southlake do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 7. NO DIMINISHMENT OF RIGHTS TO CHALLENGE The City of Southlake and the City of Grapevine agree and ordain that the adoption by both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting therefrom, do not mitigate, diminish or lessen in any way the rights that either party may have, at law or in equity, to challenge or contest any other annexations, attempted annexations or extraterritorial jurisdiction claims made by the other party. SECTION 8. RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Southlake and the City of Grapevine are expressly saved as to any and all violations of the provisions of the cities' ordinances and codes amended or revised herein, or any other ordinances affecting the matters regulated i herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. EFFECTIVE DATE This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Grapevine and the City of Southlake by the adoption of same in regular open city council meetings of the City of Grapevine and the City of Southlake. SECTION 10. DUPLICATE ORIGINALS This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each city. i t ORD. NO. 2008-61 4 ~ 2o92 q12I p. /D PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS -?rj DAY OF I~=~ .72008. THE 1ftONORAB-L%E ANDY WAMBSGANSS, MAYOR ATTEST: b ~ b w(n« ° LORI PAYNE, C SECRETARY EFFECTIVE DA t 2- - O3 AP ROVE AS TO ORM AND LEGALITY: F 4 TIM G. SRALLA, crYy ATTORNEY State of Texas County of Tarrant Before me, Tara A. Brooks, Notary Public on this day personally appeared Andy Wambsganss, Lori Payne and Tim G. Sralla known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and sea] of office this 2nd day of December, 2008. Notary Public ury Commission Expires: 10/08/2010; A• BRa g A~ a: ~ :~~dp 11~'~ s •~0 ORD. NO. 2008-61 5 !~ZD~2y~12~ p. 5 v~/o { PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE ON THIS 18th DAY OF November , 2008. is THE HONORABLE WILLIAM D. TATE, MAYOR ATTEST: LINDA HUFF, CIT CRETARY EFFECTIVE DATE: November 18, 2008 APPROVED AS TO FORM AND LEGALITY: i ~f Y ^ JOHN F. BOYLE, JR., Y ATTORNEY State of Texas County of Tarrant Before me, Anne Baker Notary Public on this day personally appeared William D. Tate, Linda Huff and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 18th day of November, 2008. 14-6-Uwy Public My Commission Expires: 01/14/2012 AMNE BW of POW Comm. 01-i4 6 ORD. NO. 2008-61 6 j)2092g9126 p 6 ~/0 Ex' ibitA ~oo8-G/ EXHtSiT~ TO a~Page / of Southlake - Grapevine Boundary Adjustment ,~.r. Southlake Disannexation Tract V f Situated in the County of Tarrant, State of Texas, being a tract of land out of the Thomas Easter Survey, Abstract No. 458, the Thomas Easter Survey, Abstract No. 474 and the Ambroser Foster Survey, Abstract No. 518, graphically represented by Exhibit `A' herein and being more particularly described as follows: BEGINNING at a point being the most easterly northeast corner of that certain tract of land establishing the initial incorporation of the Town of Southlake on September 25, 1956 (hereinafter the "Incorporation Tract"), said point being in the east line of the T. Easter Survey, Abstract No. 458, and currently within the ROW of Park Blvd approximately 500 feet north of Northwest Highway; THENCE south along the east line of said T. Easter Survey, continuing to a point being the northeast comer of a tract disannexed by the City of Southlake by Ordinance No. 168 approved on the 21s'day of October, 1969 and recorded in V. 4815, P. 837, DUCT and being in the south ROW of Northwest Highway; THENCE continuing along the north and westerly boundaries of said tract, also being the south ROW line of Northwest Highway and the north ROW line of S.H. 114; THENCE continuing in a southeasterly direction along the north ROW of S.H. 114 across the Park Boulevard/Wall Street Intersection along a 0.63 acre tract of land also disannexed by the City of Southlake by Ordinance No. 168 approved on the 21" day of October, 1969 and recorded in V. 4815, P. 837, DRTCT; THENCE continuing, in a southeasterly direction along the north ROW of S.H. 114 to a point for the most easterly southeast comer of the City Limits of Southlake, point also being in the west line of Lot 2, Block 1, of the Baylor Medical Surgery Center Addition, an Addition to the City of Grapevine recorded in Cabinet A, Slide 6734, PRTCT; THENCE westerly along the common city limit line continuing across the west-bound frontage road of S.H. 114 and across the west-bound off-ramp to a point being a perpendicular distance of 1.0 feet from the most westerly back of curb of said off-ramp; THENCE continuing in a northwesterly direction along and a perpendicular distance of 1.0 feet from the back of the southerly curb of said off-ramp to a point a perpendicular distance of 1.0 feet from the back of curb of the west-bound frontage road of S.H. 114; THENCE continuing in a northwesterly direction along and a perpendicular distance of 1.0 feet from the back of the most southerly curb of said west-bound frontage road of S.H. 114, crossing Wall Street, crossing Northwest Highway, crossing the Kimball Road off-ramp, and continuing to a point in the west line of the T. Easter Survey, Abstract No. 458; f b2092u9121v p-7 l~ d 02 odd- fo / Exhibit A EXH1131T - R TO On. Page of THENCE no 1 erly across the west bound frontage road, along the col txnon north-south city limit line between tlfe City of Southlake and the City of Grapevine, axed being the west line of said T. Easter Survey to a point being the southwest corner of Lot 1, Block 2, of the Austin Oaks Addition, an Addition to the City of Grapevine recorded. in Cabinet A, Slide 408, PRTC T ; THENCE easterly along a common east-west city limit line between the City of Southlake and the City of Grapevine and the south line of said Austin Oaks Addition to a point in the south line of Lot 6, Block 1, of the Austin Oaks Addition; THENCE in a southwesterly direction along a common north-south city limit line between the City of Southlake and the City of Grapevine to a point in the north line of the Incorporation Tract; THENCE in an easterly direction along the north line of the Incorporation Tract to the POINT OF BEGINNING. 1- l .t i ~Z09Z~1~1 Z~ p. ~ ~ Io R x ~ -Exhibit EXHIBIT TO Q of ~ FF- € Ip G s R V ' a ~ ~f x ~ ' yam' #rt O 07 A ~:r y aEY{E3*-+~,~s4't L:T-,M1yy~red A L r _ r z' ~ ~ • ~ ~ ~ as ~ '4` All, `r µ IF, ' ✓ t! `~z y lam, 3 ` _ a a.3 t~'" ~4~w= • 3a3.:'Sia o x ~„~°..",~'?av.'~e ,.'ax~,~ fir',. v,p♦ ~ ~ +r~,r: S. t ~ t r ~ 54.1 ~ ZO92~~'I Zl~ p. ID f a}FLMAiy~ CITY OF GRAPEVINE * 44, CITY SECRETARY PO BOX 95104 GRAPEVINE TX 76099 Submitter: CITY OF GRAPEVINEIPUBLIC WORKS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING THIS IS PART OFTHE OFFICIAL RECORD. F' ation: 0911 20,09 02:66 PM Instrument 0209 126 10 PGS $48.00 4 By: 11111 ll~l lllil ~llli VIII Illll lfll Ill 1111 illl D209248126 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: DS INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 301459611 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/23/2008 Federal Tax ID 26-26745820 Terms: Net due in 21 days Bill To: �11° Due Date: 11/30/2008 40 PO Number: PO#20900115-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30145961 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Dates:11/17/2008 - 11/23/200 Description Location Col Depth Linage `MU Rate Amount CITY OF CITY OF SOUTH Notice is SOUTHLAKE given 13580 1 45 45 LINE $0.46 $41.45 by of the Cityy CitCitounof Southlake, Texas, $8.50 Sales Discount that a public hearing ) will be held on De- cember 2, 2008, at 5:00 p.m. or imme- diately following the Misc Fee Work Session, dur- CC t ( $5.00 Council Ree City `CEO L inmeetingth to R bb be held in the City Council Chambers of Town Hall, 1400 Main Street, South- lake,Texas. Purpose P Net Amount:of the public hearing r•r 1 is to consider the second reading of GU ����`' the following ordi- nance: �, V1 SOUTHLAKE ORDI- ` C'' l NANCE NO. 950 -``4 „)4V GRAPEVINE ORDI- �` '''' �1` i JOINT OROTNANCE O G v AND BOUNDARY 1C \ AGREEMENT ADJUST SOUTH- LAKE'S NORTHEAST CITY BOUNDARY a ADJACENT TO THE CITY OF GRAPEVINE IN THE AREA OF THE WESTBOUND THE STATE 0 STATE HIGHWAY County of Tarra ROAD AND NPARK BOULEVARD. City of Southlake Before me,a N IN Payne said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- City Secretary Telegram,publi ��,uy ,.,„gram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in th ve named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 `���11111111I(Ill////�/ Signedccv\te`� aPMARIE�q„���4 ����PFY P(/B�/ccP�2 SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,November ,2008. 4/1....- z p� Lit �� Notary Public �`-u�� � (JG i h. _- - • i\ //IUIIHilin" Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 301459611 Invoice Amount: $37.95 PO Number: PO#20900115-000 Amount Enclosed: $ I ' ' ' � ' ~ �4�` -' ' ~ . INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 301800001 FORT WORTH,TX 76102(817)390-7761 Invoice Date: 12/7/2008 Federal Tax ID 26-2674582 D� \s0 Terms: Net due in 21 days E� Due Date: 12/31/2008 Bill To: �QPP�M PO Number: PO#20900115-000 CITY OF SOUTHLAKE F 1400 MAIN ST _ Order Number: 30180000 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Dates: 12/5/2008 - 12/7/2008 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE CITY OF SOT stuNCEANO. g 0RD1 LAKE 13580 1 30 30 LINE `�0.49 $29.30 GRAPEVINE ORDI- NANCE NO. JOINT ORDINANCE Sales Discoun AND EEMENT l BOUNDARY ($8.50) AGR ADJUST SOUTH- LAKE'S NORTHEASTCITY UNDARY !ryj r" r } /f ED Misc Fee ADJACENT TO THE 1\t L.. CITY OF GRAPEVINE $5.00 IN THE AREA OF THE WESTBOUND STATE HIGHWAY 114 FRONTAGE ROAD AND PARK 0nn BOULEVARD. PASSED AND AP- DEC 2 6 2uvo Net Amount: $25.80 PROVED THIS THE 2nd DAY OF DE- CEMBER, 2008, DURING THE REG- ULAR CITY COUNCIL OFFICE: OF SECRETARY MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary Y P CHRISTY L.HOLLAND �`/t\4 My Commission Expires July 31,2012 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the -'ove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed %O�1�i '� 1100 11, SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesd ,Dece,J•:�10,2008. j Notary Public / / / /I1t24..z. :::;/) • Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 301800001 Invoice Amount: $25.80 PO Number: PO#20900115-000 Amount Enclosed: $