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Item 4F - Boundary Agreement1 MEMORANDAM April 30, 2019 TO: Shana K. Yelverton, City Manager FROM: Kenneth M. Baker, Senior Director of Planning and Community Development SUBJECT: Item 4F - Resolution 19-005, being a boundary adjustment agreement with the City of Grapevine Request: Approve Resolution 19-005, approval of a boundary adjustment agreement with the City of Grapevine. Background: There are three properties located along the east boundary of Lonesome Dove Road in which the individual tracts are split between the City of Southlake and the City of Grapevine. The purpose of this agreement is to adjust the City limit boundary such that each owner’s tract is completely within one City's jurisdiction and to provide a more buildable area for each of the tract owners. The existing and proposed boundary areas are shown in the table below: Owner Ex. Area Southlake Ex. Area Grapevine Prop. Area Southlake Prop. Area Grapevine J Cate 2701Lonesome Dove Rd ± 0.4 Ac. ± 0.5 Ac. ±0.9 Ac. 0.0 Ac. B. Cate 1556 N. Gravel Rd ± 0.4 Ac. ± 0.5 Ac. 0.0 Ac. ±0.9 Ac. Norman 2311 Lonesome Dove Rd ± 1.0 Ac. ± 1.0 Ac. ± 1.0 Ac. ± 1.0 Ac. Total ± 1.8 Ac. ± 2.0 Ac. ± 1.9 Ac. ± 1.9 Ac. 2 Grapevine’s staff is in agreement to present the adjustment to their City Council on May 7, 2019 for approval with the understanding that: 1) The property owners will file appropriate plats with each City (Property owners have agreed to file plats) 2) Each property is served by public sanitary sewer (Grapevine is able to serve the properties which will lie within the Grapevine adjusted boundary and has agreed to provide sanitary sewer service to Jason Cate at 2701 Lonesome Dove Rd. with approval of the Inter-local Agreement under Item 4I. The City of Southlake has available sanitary sewer service for the adjusted boundary of Shirley Norman at 2311 Lonesome Dove Rd.); 3) The Bobby Wayne Cate property at 1556 N. Gravel Circle, currently on City of Southlake water and refuse collection, be changed to City of Grapevine services with the City of Grapevine waiving City related charges for the conversion. Financial Considerations: The proposed boundary adjustment is generally an even exchange of land area. The boundary adjustment will allow for a more buildable area for future improvements potentially increasing the improved value of the property. Alternatives: The City Council may approve or deny this resolution. Legal Review: The City Attorney’s office reviewed preliminary documents. The final documents are under review. Supporting Documents: 1) Location Map 2) Boundary Adjustment Exhibit for Cate 3) Boundary Adjustment Exhibit for Norman 4) Resolution 19-005 – Boundary Adjustment Agreement 5) Link to Presentation Staff Contact: Ken Baker, 817-748-8067 3 Location Map 4 Boundary Adjustment Exhibit for Cate Existing City Boundary Proposed City Boundary 5 Boundary Adjustment Exhibit for Norman Existing City Boundary Proposed City Boundary 6 RESOLUTION NO.19-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A BOUNDARY ADJUSTMENT WITH THE CITY OF GRAPEVINE, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Grapevine, a home rule municipality and political subdivision of the State of Texas and the City of Southlake, Texas, a home rule municipality and political subdivision of the State of Texas agree that the boundary noted in "Exhibit A" attached should be adjusted; and, WHEREAS, pursuant to the authority granted in Section 43.015 of the Texas Local Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the area is less than 1,000 feet in width. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION1. Pursuant to the provisions of Section 43.015, Texas Local Government Code, the City of Southlake hereby agrees to the boundary adjustment as identified in "Exhibit A" which is attached hereto and incorporated herein for all purposes. 7 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _____ DAY OF ______________, 2019. CITY OF SOUTHLAKE By: ________________________________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary 8 “Exhibit A” STATE OF TEXAS § § BOUNDARY ADJUSTMENT AGREEMENT COUNTY OF TARRANT § This Boundary Adjustment Agreement (“Agreement”) is made by and between the City of Grapevine, Texas (“Grapevine”), a home rule municipality and political subdivision of the State of Texas and the City of Southlake, Texas (“Southlake”), a home rule municipality and political subdivision of the State of Texas. WHEREAS, pursuant to the authority granted in Section 43.015 of the Texas Local Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the area is less than 1,000 feet in width; and WHEREAS, Grapevine and Southlake are adjacent; and WHEREAS, the area, as described and depicted in Exhibits A-1, A-2, A-3, B-1,B-2 and B-3, which are attached hereto and incorporated herein by reference, is less than 1,000 feet in width; and WHEREAS, Grapevine and Southlake desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, this Agreement has been approved by the governing bodies of Grapevine and Southlake; and WHEREAS, the properties will be properly platted in the City in which they are located; and WHEREAS, the properties will be have potable water service, sanitary sewer collection and collection of refuse and recyclables provided by the City in which they are located, with exception of the sanitary sewer service at 2701 Lonesome Dove Road will be provided by the City of Grapevine in accordance with an Interlocal Agreement; and WHEREAS, the governing bodies of Grapevine and Southlake have determined this Agreement to be in the best interests of the health, safety, and welfare of the public; and WHEREAS, Grapevine and Southlake, in the true spirit of governmental cooperation, intend this Agreement to reflect sound growth management principles and interregional planning. NOW, THEREFORE, Grapevine and Southlake, for the mutual consideration hereinafter stated, agree and understand as follows: The findings set forth above are deemed to be true and correct and are incorporated into the body of this Agreement as if fully set forth herein. 9 From and after the Effective Date of this Agreement, Grapevine and Southlake hereby agree that the tracts of land as described and depicted in the Exhibits A-2, A-3, B- 1 and B-3, shall be released from the corporate boundaries of Grapevine and simultaneously incorporated into the corporate boundaries of Southlake. Grapevine hereby releases, relinquishes and discontinues any claim or entitlement to Tracts described and depicted in Exhibits A-2, A-3, B-1 and B-3, as being within the corporate limits of Grapevine. Southlake hereby extends its corporate boundaries to include Tracts described and depicted in Exhibits A-2, A-3, B-1 and B-3 as being within the corporate limits of Southlake. From and after the Effective Date of this Agreement, Grapevine and Southlake hereby agree that the tracts of land as described and depicted in the Exhibits A-1, A-3, B- 2 and B-3, shall be released from the corporate boundaries of Southlake and simultaneously incorporated into the corporate boundaries of Grapevine. Southlake hereby releases, relinquishes and discontinues any claim or entitlement to Tracts described and depicted in Exhibits A-1, A-3, B-2 and B-3, as being within the corporate limits of Southlake. Grapevine hereby extends its corporate boundaries to include Tracts described and depicted in Exhibits A-1, A-3, B-2 and B-3 as being within the corporate limits of Grapevine. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County, Texas. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the written consent of the other party. Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the “Effective Date”). Either party may file a certified copy of this Agreement in the real property records of Tarrant County, Texas. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not 10 affect the validity of this Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. APPROVED by the City Council of the City of Grapevine, Texas, at its meeting held on the ____ day of _____________, 2019, and executed by its authorized representative. CITY OF GRAPEVINE, TEXAS By: _______________________________ William D. Tate, Mayor ATTEST: By: Tara Brooks, City Secretary APPROVED by the City Council of the City of Southlake, Texas, at its meeting held on the ____ day of ___________, 2019, and executed by its authorized representative. CITY OF SOUTHLAKE, TEXAS By: _______________________________ Laura Hill, Mayor ATTEST: By: Amy Shelley, City Secretary 11 GRAPEVINE’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the ______ day of _________________, 2019, by the Honorable William D. Tate, Mayor of the City of Grapevine, a Texas municipal corporation, on behalf of said municipality. ______________________________________ Notary Public, State of Texas SOUTHLAKE’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the ______ day of _________________, 2019 by the Honorable Laura Hill, Mayor of the City of Southlake, a Texas municipal corporation, on behalf of said municipality. ______________________________________ Notary Public, State of Texas 12 EXHIBIT A-1 LEGAL DESCRIPTION (Southlake to Grapevine) PORTION OF TRACT 1 BEING a 0.501 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Southlake, Tarrant County, Texas and being a portion of those certain tract of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 4258, Page 165 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2” iron rod found at the common corner of Lots 2 and 3, Block 1 of Cannon Homestead, an addition to the City of Grapevine as recorded in Cabinet A, Slide 6900 Plat Records of Tarrant County, Texas; THENCE SOUTH along the west line of said Cannon Homestead a distance of 95.00 feet to a 1/2” iron rod found at the City limit line of the City of Southlake and the City of Grapevine; THENCE N 87°06’20” W along said City limit line a distance of 230.00 feet to a 1/2” iron rod set with a "TQ Burks #5509" cap; THENCE NORTH leaving said City limit line a distance of 95.00 feet to a 1/2” iron rod set with a "TQ Burks #5509" cap in the north line of said Norman tract; THENCE S 87°06’20” E along the north line of said Norman tract a distance of 230.00 feet to the Point of Beginning and containing 21822 square feet or 0.501 acres of land. EXHIBIT A-2 LEGAL DESCRIPTION (Grapevine to Southlake) PORTION OF TRACT 2 BEING a 0.501 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Grapevine, Tarrant County, Texas and being a portion of those certain tracts of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 5646, Page 552 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2” iron rod found at the southwest corner of said Norman tract in the northwest corner of the intersection of Foxfire Lane and Lonesome Dove Road; THENCE NORTH along the east right-of-way line of said Lonesome Dove Road a distance of 95.00 feet to a 1/2” iron rod found at the City limit line of the City of Grapevine and the City of Southlake; THENCE S 87°06’20” E leaving said right-of-way and along said City limit line a 13 distance of 230.00 feet to a 1/2” iron rod set with a "TQ Burks #5509" cap; THENCE SOUTH a distance of 95.00 feet to a 1/2” iron rod set with a "TQ Burks #5509" cap in the north line of said Foxfire Lane; THENCE N 87°06’20” W along said right-of-way line a distance of 230.00 feet to the Point of Beginning and containing 21822 square feet or 0.501 acres of land. PORTION OF TRACT 2 - ROW Lonesome Dove Road BEING a 0.066 acre tract in the L. Lincoln Survey, Abstract No. 981 being in the City of Grapevine, Tarrant County, Texas and being a portion of those certain tracts of land as described in deed to Robert Norman, and wife, Shirley Norman as recorded in Volume 5646, Page 552 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2” iron rod found at the northwest corner of said Norman tract in the east right-of-way line of Lonesome Dove Road; THENCE South along the east right-of-way line of said Lonesome Dove Road a distance of 95.00 feet to a 1/2” iron rod found at the northeast corner of the intersection of Foxfire Lane and Lonesome Dove Road; THENCE N 87°06’20” W leaving said east right-of-way a distance of 30.04 feet to a point at the centerline of said Lonesome Dove Road; THENCE N 00°06’47 W along the centerline of said Lonesome Dove Road a distance of 95.01 feet to a point at the City Limit line of the City of Grapevine and the City of Southlake; THENCE S 87°06’20” E leaving the centerline of said Lonesome Dove Road a distance of 30.23 feet to the Point of Beginning and containing 2859 square feet or 0.066 acres of land. 14 EXHIBIT A3 15 EXHIBIT B1 GRAPEVINE TO SOUTHLAKE TRACT I FIELD NOTES FOR DESCRIPTION OF LAND FROM THE CITY OF GRAPEVINE TO THE CITY OF SOUTHLAKE (THE SOUTHERN PORTION OF WHICH CURRENTLY LIES WITHIN THE CITY OF SOUTHLAKE), TARRANT COUNTY, TEXAS: BEING A TR ACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, TARR ANT COUNTY, TEXAS, AND BEING TRACTS OF LAND AS DESCRIBED IN DEEDS RECORDED IN COUNTY CLERKS NO. D208 402672 AND D211 052750, DEED RECOR DS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 " IR ON PIN FOUND IN THE NORTH LINE OF N. GR AVEL CIRCLE FOR THE SOUTHEAST COR NER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 170.30 FEET NORTH 89 DEGREES 53 MINUTES 35 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 35, BLOCK 2, LAKEVIEW ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8072, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 5 4 MINUTES 00 SECONDS WEST 1 69.31 FEET ALONG THE NORTH LINE OF SAID N. GR AVEL CIRCLE TO A CAPPED IRON PIN FOUND FOR THE NORTHEAST INTERSECTION OF N. GRAVEL CIRCLE AND LONESOME DOVE R OAD; THENCE NORTH 00 DEGREES 1 6 MINUTES 00 SECONDS EAST 224.1 5 FEET ALONG THE EAST LINE OF SAID LONESOME DOVE ROAD TO A CAPP ED IRON PIN (AW) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK 1, MILLS ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 1 0489, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 24 MINUTES 47 SECONDS EAST 173.58 FEET ALONG THE SOUTH LINE OF SAID LOT 2, BLOCK 1, MILLS ESTATES TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 02 DEGREES 15 MINUTES 26 SECONDS WEST 13 1 .32 FEET TO A 1 /2" IRON PIN FOUND FOR CORNER OF TRACT BEING DESC RIBED; THENCE SOUTH 00 DEGREES 04 MINUTES 37 SECONDS WEST 95.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.88 ACRES OF LAND, MORE OR LESS (AND INCLUDING ALL AREA WITHIN LONESOME DOVE ROAD DIRECTLY ADJOINING THE WEST BOUNDARY OF THE HEREIN DESCRIBED TRACT). 16 EXHIBIT B2 SOUTHLAKE TO GRAPEVINE TRACT II FIELD NOTES FOR DESCRIPTION OF LAND FROM THE CITY OF SOUTHLAKE TO T HE CITYOF GRAPEVINE (THE NORTHERN PORTION OF WHICH CURRENTLY LIES WITHIN THE CITY OF GRAPEVINE), TARRANT COUNTY, TEXAS: BEING A TR ACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, TARRANT COUN1Y, TEXAS, AND BEING TRACTS OF LAND AS DESCRIBED IN DEEDS RECORDED IN COUNTY CLERK S NO. D203472452 AND D211052751, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE NOR TH LINE OF N. GRAVEL CIRCLE FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED AT THE SOUTHWEST CORNER OF LOT 35, BLOCK 2, LAKEVIEW ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8072, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 53 MINUTES 35 SECONDS WEST 1 70.30 FEET ALONG THE NORTHLINE OF SAID N. GRAVEL CIRCLE TO A 1 /2' IRON PIN FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 04 MINUTES 37 SECONDS EAST 95.00 FEET TO A 1 /2" IRON PIN FOUND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 02 DEGREES 15 MINUTES 26 SECONDS EAST 131.32 FEET TO THE SOUTH LINE OF LOT 2, BLOCK 1, MILLS ESTATES, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 10489, PLAT R ECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 24 MINUTES 47 SECONDS EAST 166.51 FEET ALONG THE SOUTH LINE OF SAID LOT 2, BLOCK 1, MILLS ESTATES TO A CAPPED IRON PIN SET IN THE WEST LINE OF SAID BLOCK 2, LAKEVIEW ESTATES FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGR EES 22 MINUTES 36 SECONDS WEST 228.25 FEET ALONG THE WEST LINE OF SAID BLOCK 2, LAKEVIEW ESTATES TO THE POINT OF BEGINNING AND CONTAINING 0.88 ACRES OF LAND, MORE OR LESS 17 EXHIBIT B3