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HomeMy WebLinkAboutResolution 2283JOINT RESOLUTION AND AGREEMENT NO -1, a RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION CITY SECRETAR CONTRACT NO O STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTIES OF TARRANT § AND DENTON § WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated in Denton and Tarrant Counties, State of Texas, and WHEREAS, the Town of Westlake, Texas, is a Type -A general law city lying and being situated in Denton and Tarrant Counties, State of Texas, and WHEREAS, the Town of Westlake has unconditionally and irrevocably disannexed the land more particularly described on Exhibit A and Exhibit `B attached hereto and made a part hereof (the ` Disannexed Land "); and WHEREAS, the City of Fort Worth and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the City of Fort Worth, and WHEREAS, -the City of Fort Worth and the Town of Westlake have the authority to pass and approve this Joint Resolution and Agreement pursuant to Section 42.023 of the Texas Local Government Code; and WHEREAS, notice of the proposed adoption of this Joint Resolution and Agreement has been duly posted in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land will not be annexed for 15 years. NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE JOINT RESOLUTION AND AGREEMENT WHITE Page 1 07510.00190253755.02 • SECTION 1 That the City of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. SECTION 2. That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Fort Worth any and all of the extraterritorial jurisdictional rights the Town of Westlake has or may have in and to the Disannexed Land. SECTION 3. S That the City of Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. SECTION 4 That this Joint Resolution and Agreement shall become unconditionally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, •' and that this Joint Resolution and Agreement may not be altered or amended by the Town of Westlake without the prior written consent of the City of Fort Worth and each and all of the owners of the Disannexed Land. - SECTION 5. That this Joint Resolution and Agreement shall become effective and binding upon the City of Fort Worth when approved by the City Council of the City of Fort Worth. SECTION 6. That the City of Fort Worth hereby agrees that the Disannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42.044 of the Texas Local Government Code) This JOINT RESOLUTION AND AGREEMENT is unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of May 1997 and is effective at 7 5 6 e M. on such date • JOINT RESOLUTION AND AGREEMENT WHITE Page 2 07510.00190253755 02 • ATTEST & a 42�� &-In*r� Ginger Crosswy Secrdthry Date May 2, 1997 APPROVED AS TO FORM A LE��GppALkTVA IT Y l� Bill Wood, Town Attorney Date May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED - dt::::: i 2 � �� - �-- MAYOR ca-0, `D- a---- P, Huntress, MAYOR PRO -TEM T i instrument was acknowledged before me on the 2nd day of May 1997 by • C�,�YTi�, �.` �eS Mayor of the Town of W stlake. Notary Public in and for My Com issio E� fires • the State of Texas �osPS` PUe�o KRISTA LMEM HURST Notary PubOc STATE OF TEXAS �y My Comm. EV. 02110/99 JOINT RESOLUTION AND AGREEMENT WHITE Page 3 07510 0019.0253755.02 . THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § r This instn ent was acknowledged before me on the 2nd day of May 1997 by I eyl� t, Mayor Pro -Tem of the T wn of Westlake. No 4�P4fi4�P v PG MIA HURST My Commission Expires A� p �g ca.) i 9 9 `�� Way MCI Comm. Lv. 02110/99 This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this 3b_ day of �i 1 1997 ATTEST L4ep &1'16� • , Secretary A PROVED AS TO ORM LEGALITY (D City Attorney Date •5- 3 - 9T7 w � 1 lW� , Mayor JOINT RESOLUTION AND AGREEMENT WHITE Page 4 07510 00190253755 02 • THE STATE OF TEXAS § COUNTY OF TARRANT § ��nstrpment was acknowledged before me on the IAL day of 1997 by 6AWL , Mayor of the City of Fort Worth. TILM�� � �AYKJ\N-I- Notary Public in and for the State of Texas My Commission Expires. • • � .�... Y "It }}^yy n ti JOINT RESOLUTION AND AGREEMENT WHITE Page 5 07S 10.0019:02 5 3 7 5 5.02 • • • EXHIBIT "A" Drawing of `Disannexed Land" JOINT RESOLUTION AND AGREEMENT WHITE Page 6 07510 0019.0253755 02 EXHIBIT "B" • Description of `Disannexed Land" The following described land has been released from the extraterritorial jurisdiction of the Town of Westlake, Texas, and has been included and accepted into the extraterritorial jurisdiction of the City of Fort Worth, Texas. • JOINT RESOLUTION AND AGREEMENT WHITE Page 7 07510.0019-0253755.02 EXHIBIT `B' • PROPERTY DESCRIPTION DALE AND WANDA WHITE This property is comprised of one tract of land (Tract A) and a portion of Dove Road (Tract B) said tracts being contiguous, located on the north side of Dove Road west of the intersection of Dove Road and State Highway 114 west of the intersection of Dove Road and Sam School Road (County Road 3088) and east of the intersection of Dove Road and Randol Mill Road in Tarrant County Texas. These tracts of land are generally shown on the attached Exhibit `A and are further described below TRACT A DALE WHITE BEING a tract of land situated in the C.M. Throop Survey Abstract No 110 and being a portion of that tract of land described in a Deed to Dale White as recorded in Volume 3935 Page 631 County Records, Tarrant County Texas and being more particularly described as follows. BEGINNING at the northwest corner of said White tract, being the northeast corner of that 83 47 acre tract as described in a Deed to Howard Dudley as recorded in Volume 4888 Page 622 said County Records •THENCE Easterly 578 feet, more or less, along the north line of said White tract to the northeast comer of said tract, being the northwest corner of that tract of land described in a Deed to Alvin F Oien Jr as recorded in Volume 4181 Page 644 of said County Records, • THENCE Southerly—,along- the line common to said White and Oien tracts, 1928 feet, more or less, to the northerly line of Dove Road (a 50 foot wide public right -of -way) THENCE Westerly along said northerly line 320 feet, more or less, to the west line of said White tract and the east line of that tract of land described in a deed to Howard Dudley as recorded in Volume 4888 Page 622, said County Records, THENCE Northerly along the line common to said White and said Dudley tracts, 1909 feet, more or less, to the POINT OF BEGINNING and containing 20 acres of land more or less. TRACT B BEING a portion of Dove Road which is a 50 foot wide public right -of -way situated in the C M Throop Survey Abstract No 1510 Tarrant County Texas and being more particularly described as follows C &B Job No 971303010 May 2 1997 J \J013\97130301 \SUR \LEGAL \TR15 LG Page 1 of 2 BEGINNING at the point where the easterly line of that tract of land described in a Deed to Dale White, as recorded in Volume 3935 Page 631 County Records Tarrant County • Texas intersects the northerly line of said Dove Road (a 50 foot wide public right -of- way) • THENCE Southerly 50 feet, more or less an extension of the east line of said White tract to the south line of said Dove Road THENCE Westerly 324 feet, more or less along the south line of said Dove Road THENCE Northerly 50 feet, more or less, on an extension of the west line of said White tract to the north line of said Dove Road THENCE Easterly 320 feet, more or less along the north line of Dove Road to the POINT OF BEGINNING and containing 0 4 acres of land more or less. C &B Job No 971303010 May 2, 1997 J \JOB \97130301 \SUR \LEGAL \TR15 LG Page 2 of 2