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PD134R-CS 960417 (3)ORDINANCE NO. 1311 A AN ORDINANCE OF THE CITY OF LEWISVILLE, TEXAS ADJUSTING AND ESTABLISHING A MUTUAL BOUNDARY LINE WITH THE CITY OF COPPELL, DISANNEXING AND/OR WAIVING EXTRATER- RITORIAL JURISDICTION OVER THE HEREINAFTER DESCRIBED AREA OF LAND; PROVIDING A SPECIAL CONDITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City of Lewisville, Texas, to disannex and/or waive any and all extraterritorial jurisdiction it may have or claim in and to the hereinafter described area of land, so that the same may be annexed to and become part of the City of Coppell; and WHEREAS, this Ordinance is adopted in furtherance of an agreement between the City of Coppell and the City of Lewisville dated April 15, 1988 and approved by city councils on April 26, 1988 and May 2, 1988 respectively, a copy of which is attached hereto as Exhibit "1" and incorporated herein for all purposes; WHEREAS, this action paragraph 4. of said agreement; is taken in accordance with NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS: Ordinance Page 1 SECTION I. That the statements made in the preamble to this Ordinance are hereby adopted and incorporated into this Ordinance by reference for all purposes. SECTION II. That the property lying south of the following boundary line be, and the same is hereby, disannexed and discontinued as a part of the City of Lewisville to the extent to which it is now a part of the City of Lewisville and/or, in the alternative, any and all extraterritorial jurisdiction the City of Lewisville may have in and to said property be, and it is hereby, relinquished and waived for all purposes only in favor of the City of Coppell, said boundary line being more particularly described in Exhibit "2" attached hereto and made a part hereof for all purposes, subject to the special condition set out in Section III. hereof. SECTION III. The disannexation and waiver of extraterritorial juris- diction set out in Section II. above is effective over any terri- tory south of the boundary line described in Exhibit "2" over which the City of Lewisville has or may have jurisdiction under the pro- visions of Chapter 42 and 43, Vernon's Local Government Code of the State of Texas, and upon passage of this ordinance, the said City of Lewisville shall no longer have or exercise any Ordinance Page 2 right, jurisdiction or control over the above described tract of land, provided that the City of Coppell shall enact before July 2, 1988 an ordinance disannexing and/or waiving extraterri- torial jurisdiction over any and all territory lying north of the boundary line described in Exhibit "2" in favor of the City of Lewisville save and except however, that property north of the line described in Exhibit "2" which is south of the line described in Exhibit "3" attached hereto and made a part hereof for all pur- poses, (which said property encompasses the property referenced in paragraph 4. and Exhibit "D" of Exhibit "1" herein and shall be disannexed by May 2, 1991). Upon passage of both ordinances, Lewisville shall have no right, jurisdiction or control over any territory south of the boundary line described in Exhibit "2" and the City of Coppell shall have no right, jurisdiction or control over any territory north of the boundary line described in Exhibit "2," save and except, however that property north of the line described in Exhibit "2" which is south of the line described in Exhibit "3" and encompasses the property referenced in Exhibit "D" of Exhibit "1" herein. SECTION IV. Ail ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. Ordinance Page 3 SECTION V. If any section or part of any section, paragraph or clause of this ordinance is declared invalid or unconstitutional for any reason, such declaration shall not be held to invalidate or impair the validity, force or effect of any other section or sections, part of sections, paragraphs or clause of this ordi- nance. SECTION VI. It being for the public welfare that this ordinance be passed and the disannexation made, creates an emergency and public necessity, and the rule requiring this ordinance be read on three separate occasions be, and the same is hereby waived, and this ordinance shall now be placed on its third and final reading for passage, and shall be in full force and effect from and after its passage and approval. PASSED by a vote of June, 1988. to 0 on this 20 day of MAYOR, ~ITY OF LEWISVILLE, TEXAS Ordinance Page 4 City se~etary APPROVED AS TO FORM: City Attq~ney Ordinance Page 5 151 West Church St. · Lewisville, Texas 75067 · 214/219-3400 April 15, 1988 Mr. Alan Ratliff City Manager City of Coppel! P.O. Box 478 Coppell, Texas 75019 RE: BOUNDARY SETTLEMENT Dear Mr. Ratliff: This letter is to reduoe to writing the agreement between the City Council of the City of Coppe!l and the City Council of the City of Lewisville to settle the boundary dispute between Coppell and Lewisville. This agreement shall serve as the basis upon which final settlement documents containing necessary property descriptions will be prepared in connection with the settlement of said boundary and extraterritorial jurisdiction dispute which is the subject of litigation pending between the cities in Cause No. 87- 2757-A, 16th Judicial District Court, Denton County, Texas. The term "agreed boundary line" as used herein shall mean that line described in Exhibit "A" and shown in blue on Exhibit "B", both Exhibits being attached hereto and made a part hereof. The "agreed boundary line", subject to the time schedule mentioned in paragraph 4 hereof, shall become the common boundary line of the corporate limits and/or extraterritorial Jurisdiction between the two cities. This agreement is predicated upon the following conditions: 1. Parts of the "agreed boundary line" follow a right-of-way line of certain roads in the area including the southern right-of-way line of proposed S. H. 121. It is mu~ual!y agreed that all property owners owning property in one city, which is adjacent to the right-of-way line which marks the boundary of the other city, shall have reasonable egress and ingress to the roadways of the other city. It is agreed that property in the City of Coppel!, which shall be adjacent to the right-of-way of a street which is within the City of Lewisville, shall be governed by Coppe!!'s rules and regulations for egress and ingress, or such rules and regulations of the City of Coppell as amended to require higher levels of safety and engineering standards. It is further agreed that Coppell's rules and regulations shall be amended to provide for: 200-foot minimum distance offset for s~ree~s, 100-foot minimum distance upstream offsets for driveways, and 75-foo~ minimum distance downstream offsets for driveways, per Exhibi~ "C". 2. It is understood that certain thoroughfares, roadways, and adjacent right-of-ways thereto will be built in such a way that they are contiguous Exhibit 1 Page 1 Mr. Alan Ratliff April 15, 1988 Page 2 and adjacent to the agreed boundary line. It is agreed that the clty in which such thoroughfares, roadways, and adjacent right-of-ways thereto are constructed or located will maintain them at a level equal to or better than those thoroughfares, roadways, or right-of-ways which are located or to be constructed within the Lomas & Nettleton subdivision by the Road Utility District operating within said subdivision. 3. The City of Lewisville will provide the City of Coppell with a proposal to furnish water and sewer service to the property north of Denton Creek on the basis of a contract between the two cities. The City of Lewisville will furnish the City of Coppell such proposal within 90 days from the date of execution of this agreement. Upon receipt of the proposal, the City of Coppe!l shall ascertain the most practical and economically feasible method of providing water and sewer to such land north of Denton Creek which will be in the City of Coppe!!, and the City of Coppell will have an option for a period of one year following receipt of such proposal to accept the proposal of the City of Lewisville for such water and sewer service. The City of Lewisville agrees to cooperate with the City of Coppell and permit Coppell to jointly use easements and street right-of-ways within the City of Lewisville to serve said property in the event the City of Coppell elects to furnish service to said area. 4. Except for the area marked on Exhibit "D", all disannexation proceedings necessary to accomplish this division of corporate and extraterritorial jurisdiction between the two cities shall be accomplished within 60 days from the execution of this settlement agreement by both cities. It is agreed that the'City of Coppell may, beyond said 60-day period, retain within its corporate limits that property above the agreed boundary line which is shown on the plat attached hereto as Exhibit "D". The City of Coppel! agrees that it shall disannex that property shown on Exhibit "D" on or before three years from the date of execution of this agreement by both cities. All disannexation proceedings necessary to accozp!ish this division of corporate or extraterritorial jurisdiction between the two cities shall be made in favor of the other party city pursuant to the provisions of the )funicipal Annexation Act of the State of Texas. 5. It is recognized that participation by the Denton County Road Utility District No. 1 may be required to complete the construction of certain roadways, bridges and thoroughfares which are of interest to either or both of the cities. Since this boundary agreement will place the Road Utility District within both cities, therefore requiring both cities to approve changes in the boundaries of the Road Utility District, it is agreed that neither city will oppose extensions or alterations of the Road Utility District boundaries when such changes occur strictly within the boundaries Exhibit 1 Page 2 Mr. Alan Ratliff April 18, 1988 Page 3 of the other city. It is agreed, therefore, that any future annexation by Denton County Road Utility District No. l, will be solely at the option of the City in which the land to be annexed is located. 6. It is recognized that each city has an interest in certain north- south thoroughfares, namely MacArthur Boulevard and Denton Tap Road. This interest extends to concern about these roads in each other's jurisdiction, as well as the city's own jurisdiction. For this reason, both cities agree to pursue, as below stated, the expeditious construction and/or improvement of these roads in as timely a manner as possible. In this regard, it is further agreed that: a. On or before the date of approval by the court of the formal agreement, a separate agreement shall be obtained between Denton County Road Utility District No. 1 and both cities, providing that th~ DJ'strict boundaries shall be amende--~--~--include -an area west of Denton Tap Road and certain bridges, roads, aPR thoroughfares within this area and within the area generally north Of Denton Creek which is presently withig_the Road Utilit~ -District, shall be constructed by and paid for by the Road Utility ~istrict or others at no cost or expense to either city. This specifically includes the widening of Denton Tap Road fro~ the- creek to the northern Road Utility District boundary as well as ~idges over Denton creek for o-~0n Tap Road. b. On or before the date of the approval by the court of the formal agreement, a separate agreement will be obtained between the Road Utility District, Lomas & Nettleton, and the City of Coppe!l, providing that right-of-way and construction costs for building MacArthur Road from and including the bridges on Denton Creek south to existing MacArthur Boulevard will be paid for and constructed by Lomas & Nett!eton or the Road U~l!.~y Dis;riot at no cost to either city. It is understood and agreed by both cities that obtaining the agreements mentioned in subsections a and b above constitute essential and necessary conditions subsequent to this agreement. 7. That though not legally bound to do so by this agreement, the City of Coppe!l, through its platting and development review process, will assist the City of Lewisvil!e in obtaining utility easements needed to extend water and sewer transmission mains west of Denton Tap Road and the City of Coppe!l will cooperate with the City of Lewisville and permit Lewisville to jointly use such easements and street right-of-ways for such purpose. Exhibit 1 Page 3 Mr. Alan Ratliff April 15, 1988 Page 4 Enclosed is an extra copy of this agreement. If it correctly reduces to writing the present understanding and agreement between our respective City Councils, please have it executed on behalf of the City of Coppell and return to us. It will then serve as the basis for the formal agreement to be prepared by our city attorneys for submission to the court in the above entitled and numbered cause. Sincerely, CITY OF LEWISVILLE, TEXAS Charles R. Owens, City Manager AGREED: CITY OF COPPELL, TEXAS ~ Kan Rat!iT~-~, City ManaEer~'/ Exhibit 1 Page 4 The ultimate boundary would be described as beginning at the intersection of the east right-of-way line of existing S.H. 121 and Denton Creek, and proceedinE north along the east right-of-way line to the intersection with the existing south City limits of the City of Lewisville, thence in a easterly direction following the 197~ south City limits of the City of hewisville in a easterly direction to intersect with the western right-of-way line of Denton Tap Road, thence in a southerly direction alone the western right-of-way line of Denton Tap Road to the southwest corner of the intersection of Highland Drive and Denton Tap Road, thence in an easterly direction alone the south right-of-way line of Highland Drive to the east boundary of a 22.3 acre tract of land zoned for general business (as currently platted and zoned in the Vista Ridge Development), thence south to the north right-of-waY line of the proposed $.H. 121 Bypass, thence west along the north right-of-way line of the proposed $.H. 121 Bypass to intersection with the east right-of-way line of Denton Tap Road, thence south along the east right-of-way line of Denton Tap Road to the south right-of-way line of the proposed $.H. 12~ Bypass, thence following the south right-of-waY line of the proposed S.H. 121 Bypass easterly to the intersection of the west right-of-waY line of MacArthur Boulevard, thence southerly along that right-of-way line to the southwest intersection of Lake Vista Drive and MacArthur Boulevard, thence following the south right-of-way line of Lake Vista Drive in an easterly direction to its intersection with the levee as constructed and shown in the Vista Ridge plat and plan, thence south to Denton Creek, and then proceeding east along the meandering of the Denton Creek to the southeast corner of the Vista Ridge plat and plan, as it exist and is shown on January 1, 1988. Exhibit 1 Page 5 I EXHIBIT -- Exhibit 1 Page GINN, INC. CONSULTING ENGINEERS ]'..:. -7.- ~-: -"':-- 7- ~.? -~:" ~ MEMOPdLNDUM , ':5 - - ; "' Date: To: From: Subject: April 11, 1988 Alan D. Ratliff H. Wayne Ginn, P.E. ~~/~-~ Access Standards - Lewisville vs. Coppell Per your request of March 3, 1988, we have reviewed the material submitted regarding the above referenced subject and offer the following comments. Overall, the City of Lewisville standards appear to be somewhat more stringent than those of the city of Coppell. Both standards, however, are good functional standards consistent with other communities within the Dallas/Ft. Worth metroplex. All cities do differ to varying degrees from one another. The City of Lewisville stated concern over Coppell's minimum allowable driveway distance both ,,upstream and downstream" of an intersection and the offset street requirements. The following table denotes the two city's standards and our recommendation on these issues. Offset Streets CoDDel! 125' (min) 200 ' (sin) Recommended 200' (sin) Driveways: Upstream distance 50' (min) Downstream distance 50' (min) 150' (sin) 75' (sin) 100' (min) 75' (sin) The reason we recommend a compromise on the upstream distance is because 50' really is too short a distance when considering lane stacking and 150' too long since the property on the corner would have to have as a minimum 200' of frontage, which may prohibit certain type developments on a corner that the city may want to consider. EXHIBIT C Exhibit 1 Page 7 I'll')?; Prc,t¢,n Road ~' Suite 100 '~ I..B l l,q. ' Dalta.';.Tt~xas 7-~2'Lq ' Phc,:': ~1..'..45-4900 As you are aware, we are currently revising the City's Sub- Division Ordinance. These revisions can be made a part of that process. Therefore, we recommend using the City of Coppell's Sub-Division ordinance Standards with the understanding that the areas described above will be revised in the very near future. cc: Kevin Peiffer Gabe Favre John C. Karlsruher File 241-031 EXHIBIT C Exhibit 1 Page 8 i I.~ J~CKSON SAND I~ :-'" GRAVEL 7Z.06 ACR ,,./ ES i.: ROBT. PAYNE i[i" ,I.?.78 ACRES T 5 "' "RACT " PAYNE )O !l,I ,'/?'"' [ ACRES ~ .~ ,M.KARR .H.JACKSON ' .JACKSON ~ ,iO.7[Z ACRES ' 0.75?_-.-ACRES 0.764 ACRE..~ DENTON co ~ \ DALLAS' COUh TY t" ° ~c. I ~'~r.~. <:.o~ ~c~s...-"~_.o~ ~c~ -_x__. ~© ;.;~o~.... - -- : :~;J.. Zl AC.'.' ~ E.GRIDER , [.47 AC. ~_.t'5 ACRES ~"' ... B.B.B. :~xh'ib±~_ '1 Page 9., R 6 P.O.B.- '[ I ROBT. PAi ?.7.317- p. Horm~on$on Surve~-Z C.R.R. Co. Surve)r, A- 14.5 The foregoing agreement was submitted to and approved by the City Council of the City of Coppell, Texas, on this the ~6,'~:day of .~-~' , 1988. APPROVED: CITY OF COPPELL, TEXAS ATTEST: APPROVED AS TO FORM: Cit~/~Attorney, Co~_~tl, Texas The foregoing agreement was submitted to and approved by the City Council of the City of Lewisville, Texas, on this the ~-- day of ~ , 1988. APPROVED: CITY OF LEWISVILLE, TEXAS Mayo~ ATTF..ST: ~ity Sec~'~etaSy, Lewisville, Texas APPROVED AS TO FORM: City A~tor~n ~, Lewisville, Texas Exhibit 1 Page 10 EXHIBIT Being a line and part of certain tracts or parcels of land situated in Dallas and Denton Counties and part of the B.B.B. & C.R.R. Co. Survey, Abstract No. 145; the P. Harmonson Survey, Abstract No. 530; the P. Harmonson Survey, Abstract No. 604; the H. Smith Survey, Abstract No. 1576; the W.T. Hyder Survey, Abstract No. 1701; the R. Thompson Survey, Survey No. 1274; the G. Woolsey Survey, Abstract No. 1402; the Clarinda Squires Survey, Abstract No. 1682; the W. Trimble Survey, Abstract No. 1268; the T. Garvin Survey, Abstract No. 506; the J.H. Donald Survey, Abstract No. 1696; the B.B.B. & C.R.R. Co. Survey, Abstract No. 144; being a common boundary line as "agreed" to by the City of Lewisville and the City of Coppell and being more particularly described as follows: Beginning at the intersection of the southerly right of way line of S.H. 121 and Denton Creek; THENCE in a north and easterly direction along the said southerly right of way line of S.H. 121 to a point of intersection with the south City limit line of the City of Lewisville, as described in the Annexation Ordinance No. 1060A, as approved by City Council on December 28, 1972; said point being a P.C. of a curve to the right; THENCE North 89 degrees, 41 minutes, 40 seconds East, a distance of 1150 feet, more or less, to a point at the southwest corner of the H. Smith Survey, Abstract No. 1576; said point being the northwest corner of W.T. Hyder Survey, Abstract No. 1701; THENCE East, along the south line .of the H. Smith Survey, Abstract No. 1576, and the north line of the W.T. Hyder Survey, Abstract No. 1701; a distance of 465.43 feet to a point at the southeast corner of said H. Smith Survey; said point also being the southwest corner of the R. Thompson Survey, Abstract No. 1274; THENCE East along the south line of the R. Thompson Survey, Abstract No. 1274 and the north line of W.T. Hyder Survey, Abstract No. 1701, to a point of intersection with the west right of way line of Denton Tap Road; said point also being the northeast corner of a 94.8593 acre Jack Lively Tract as recorded in Vol. 4608, Page 8 of the Deed Records of Dallas County, Texas; THENCE South along the west right of way line of Denton Tap Road and the east boundary line of the Jack Lively Tract to a point of intersection with the southwest corner (as measured along the corner clip) of Highland Drive; as described in the Vista Ridge Addition, an addition to the City of Lewisville, as recorded in Cabinet F, Pages 271 through 276 of the Deed Records of Denton County, Texas: PAGE 1 of Exhibit THENCE Easterly crossing Denton Tap Road (variable right of way to the said southwest corner of Highland Drive); THENCE North 43 degrees, 09 minutes, 35 seconds distance of 89.02 feet, more or less, to a point; East, a THENCE North 85 degrees, 36 minutes, 09 seconds distance of 68.56 feet, more or less, to a point; East, a THENCE South 88 degrees, 41 minutes, 13 seconds East, a distance of 864.80 feet, more or less, to a point for corner; said point being the northeast corner of Lot 1, Block D, of Vista Ridge Addition; THENCE South 00 degrees, 45 minutes, 51 seconds West, a distance of 1077.01 feet to a point on the north right of way line of Vista Ridge Boulevard (SPUR 553) westbound; said point being also the beginning of a curve to the right, with a central angle of 21 degrees, 14 minutes, 58 seconds, a radius of 2665 feet: and a tangent distance of 499.93 feet; THENCE North-Westerly along the said curve to the right, a distance of 988.38 feet to the end of the curve; THENCE North 32 degrees, 30 minutes, 16 seconds West, a distance of 65.65 feet (as measured along the corner clip) to the northwest corner of Vista Ridge Boulevard (SPUR 553) westbound; said point being in the east right of line of Denton Tap Road; THENCE South O0 degrees, 43 minutes, O0 seconds West, along the east right of way line of Denton Tap Road, a distance of 622.25 feet, more or less, to a point of intersection with the southwest corner of Vista Ridge Boulevard (SPUR 553) eastbound; THENCE North 28 degrees, 03 minutes, 50 seconds East, a distance of 80.85 feet (as measured along the corner clip) to a point; THENCE North 84 degrees, 40 minutes, 44 seconds East, a distance of 79.52 feet to a point, which is the beginning of a curve to the left, with a central angle of 11 degrees, 47 minutes, 57 seconds, a radius of 2879.79 feet, a tangent distance of 297.58 feet; THENCE along the length of said curve, 593.05 feet to the end of the curve and the beginning of another curve to the left, with a central angle of 35 degrees, 03 minutes, 38 seconds, a radius of 2879.79 feet, a tangent distance of 909.67 feet; THENCE along the length of said curve, 1762.21 feet to the end of the curve, and the beginning of another curve to the left, with a central angle of 10 degrees, 3~ minutes, 09 seconds, a radius of 2879.79 feet, a tangent distance of 268.06 feet; PAGE 2 of Exhibit THENCE along the length of said curve, 534.58 feet to the end of the curve; THENCE North 52 degrees, 36 minutes, 37 seconds East, a distance of 2201.63 feet, more or less, to a point which is the beginning of a curve to the right, with a central angle of 17 degrees, 47 minutes, 42 seconds, a radius of 3804.72 feet, a tangent distance of 595.64 feet; THENCE along the length of said curve, 1181.68 feet to the end of the curve: said point being the intersection of Vista Ridge Boulevard (SPUR 553) (eastbound) with the west right of way line at MacArthur Boulevard; THENCE South 64 degrees, O0 minutes, 04 seconds East, a distance of 105.72 feet (as measured along the corner clip) to a point; THENCE South 18 degrees, 11 minutes, 15 seconds East, a distance of 98.20 feet to a point, which is the beginning of a curve to the right, with a central angle of 07 degrees, 53 minutes, 03 seconds, a radius of 2804.79 feet, a tangent distance of 193.28 feet; THENCE along the length of said curve, 385.96 feet in a southerly direction, to a point of intersection with the west-southwest corner (extended) of Lake Vista Drive; THENCE North 79 degrees, 41 minutes, 48 seconds East~crossing MacArthur Boulevard, 120.00 feet, to the said west-southwest corner of Lake Vista Drive; THENCE North 52 degrees, 17 minutes, 00 seconds East, a distance of 42.32 feet (as measured along corner clip) to a point; THENCE North 72 degrees, 44 minutes, distance of 99.95 feet to a point; 24 seconds East, a THENCE North 78 degrees, 27 minutes, 02 seconds East, a distance of 145.11 feet to a point, which is the beginning of a curve to the right, with a central angle of 10 degrees, 40 minutes, 45 seconds, a radius of 1465 feet, and a tangent distance of 136.92 feet: THENCE easterly along the length of said curve, 273.05 feet to the end of the curve; THENCE North 89 degrees, 07 minutes, 47 seconds East, a distance of 812.75 feet to a point which is the beginning of a curve to the right, with a central angle of 43 degrees, 42 minutes, 43 seconds, a radius of 615' feet, and a tangent distance of 246.68 feet: THENCE South and easterly along the length of said curve, 469.19 feet to the end of the curve. PAGE 3 of Exhibit THENCE South 47 degrees, 09 minutes, 30 seconds East, a distance of 341.49 feet to a point, which is the beginning of a curve to the left, with a central angle of 29 degrees, 25 minutes, 11 seconds, a radius of 685 feet, and a tangent distance of 179.83 feet; THENCE South and easterly along the length of said curve, 351.73 feet to the end of the curve; said point also being the point of intersection of Lake Vista Drive with an existing levee; THENCE South O1 degrees, 41 minutes, 50 seconds West, a distance of 461.45 feet, more or less, to a point for corner in the centerline of Denton Creek; THENCE along the meandering centerline of Denton Creek as described below: North 78© 51 South 60° 15 South 38© 58 South 59© 37 South 39© 48 South 57© 20 South 77© 32 North 79© 06 South 78© 13 South 56© 18 South 52© 18 26" East, a distance of 336.34 feet; 18" East, a distance of 120.93 feet; 00" East, a distance of 437.29 feet; 15" East, a distance of 168.08 feet; 20" East, a distance of 78.10 feet; 21" East, a distance of 231.62 feet; 30" East, a distance of 440.37 feet: 52" East, a distance of 132.38 feet; 54" East, a distance of 122.58 feet; 36" East, a distance of 108.17 feet; 36" East, a distance of 58.06 feet; TO A POINT of terminus~ said point being the east-southeast corner of Vista Ridge Addition. PAGE 4 of Exhibit 2