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HomeMy WebLinkAboutResolution 2286(O JOINT RESOLUTION AND AGREEMENT NO ~7 ~ ~ ,~ RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION ~~TY S~ ~' CONTRACT t~ 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 andbeing situated m 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 ~unsdiction 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 GUNNELS AND FARRELL Page 1 07510 OO19~0253755 02 SECTION 1 That the Crty 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 m and to the Disannexed Land. SECTION 3. ~ 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 Crty 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 Crty 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 ~- lam) ~.M. on such date. L_J JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 2 07510 0019.0253755.02 ATTEST SIGNED Ginger Crosswy Secr ,MAYOR Date. May 2, 1997 APPROVED AS TO FORM LEGALITY ill Wood, Town Attorney Date. May 2, 1997 Carroll Huntress, MAYO PRO-TEM THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This anstrrz ent was acknowledged before me on the 2nd day of May 1997 by ~.~ ~~ -2 ,Mayor of the Town of We tlake. Notary Public m and for the State of Texas My Commission Expires c~ / cl L~ JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 3 07510.0019.0253755 02 • THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § his (instrument was acknowledged before me on the 2nd day of May 1997 by (~fY Ol~ ~^1wn~~-e SS ,Mayor Pro-Tem of the To of Westlake. 0. Notary Public in and for the S te~ 2 ewo~ ~w My CommlissiongE Tres svx3t ~o. ~IV~s ~~~_ l °ll9-~d ~°N 1sbnH ~r~n ~.1sia~ This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this ~.. day of -- , 1997 ATTEST - c}icru(,t>~„Secretary ~~ L~~, Mayor i A ROVED AS TO FORM A LEGALITY ~a~' Ge>~.t~ City Attorney Date.y~' c3 - ~I 7 JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 4 07510.0019.0253 755.02 THE STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on the ~l1.4~ day of ~, 1997 by ,-~1 ~~~ ~~,~A'Il~- Mayor of the City of Fort Worth. ~r ~~~,^" Notary Public m and for the State of Texas • • My Commission Expires JOINT .RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 5 07510.0019.0253 75 5.02 EXHIBIT "A" Drawing of `Disannexed Land" • • 3OINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 6 07510.0019.0253755 02 ~rY ~~/ /TY /~' ^~ ~~ ~~ °a 0 w Y O Z d O Y ~ -' ll 1 fl~1.s II I I GurvN~~FARREw ~~ .~o EXHIBIT "B" • Description of `Dl,sannexed Land" The following described land has been released from the extraterritorial ~unsdiction of the Town of Westlake, Texas, and has been included and accepted into the extraterritorial ~unsd>ction of the City of Fort Worth, Texas. JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 7 07510 00190253755 02 EXHIBIT `B' PROPERTY DESCRIPTION ROBERT AND LINDA GUNNELS AND MELVIN AND LINDA FERRELL This property is comprised of four contiguous tracts of land located on the east side of Roanoke Road south of the intersection of Roanoke Road and State Highway 170 and north of the intersection of Roanoke Road and Oak Trail in Tarrant County Texas These tracts of land are generally shown on the attached Exhibit A and are further described below TRACT A ROBERT GUNNELS BEING a tract of land situated in the William Huff Survey Abstract No 648 Tarrant County Texas and being a portion of that tract of land as described by~deed to Robert Gunnels and recorded in Volume 7165 Page 2330 County Records Tarrant County Texas said tract being more particularly described as follows BEGINNING at the southeast corner of said Gunnels tract, also the northeast corner of Charles G. Slocum tract as recorded in Volume 7165 Page 2322 said County Records THENCE Westerly 2,635 feet, more or less along the common line between said Gunnels tract and said Slocum tract to the east line of County Road 4060 (Roanoke Road) THENCE Northerly 160 feet, more or less along the east line of said road .to the southerly line of Melvin Farrell tract as recorded in Volume 3186 Page 400 said County Records THENCE Easteriy236 feet along the common line between said Gunnels tract and said Farrell tract (Volume 3186 Page 400 and Volume 5602 Page 475) THENCE Northerly 185 feet, more or less, along the common line between said Gunnels tract and said Farrell tract to a point in the boundary line of Hillwood~llow Bend Ltd Tract 2 as recorded in Volume 11961 Page 1639 said County Records THENCE Easterly 2,394 feet, more or less, along the common line between said Gunnels tract and said Hillwood~llow Bend Tract 2 to the northeast corner of said Gunnels tract; THENCE Southerly 346 feet, more or less along the common line between said Gunnels tract and said Hillwood~llow Bend Tract 2 to the POINT OF BEGINNING and containing 20 acres of land more or less C8~B Job No 971303010 May 2 1997 J \JOB\97130301\SURILEGALITR7 LG Page 1 of 4 TRACT B . BEING a strip of land situated in the J Gibson Survey Abstract No 592 Tarrant County Texas, and being a portion of that tract of land described as Tract 2 in the Deed to Hillwood~llow Bend Ltd and recorded in Volume 11961 Page 1639 County Records, Tarrant County Texas, said strip of land being more particularly described by metes and bounds as follows. BEGINNING at the southeast corner of Charles G Slocum tract as recorded in Volume 7165 Page 2322, said County Records, said point being a corner ofi said Hillwood~llow Bend Ltd Tract 2 THENCE Northerly 319 feet along the common line between said Hillwood~llow Bend Ltd tract and said Slocum tract and then continuing northerly 50 feet along the common line between said Hillwood~llow Bend Ltd Tract 2, and the Gunnels tact as recorded in Volume 7165 Page 2330 said County Records THENCE Easterly 50 feet perpendicular to the common line between said Hiilwood/ Willow Bend Ltd Tract 2 and said Slocum tract to a point 50 feet east from said common line, THENCE Southerly 676 feet, more or less along a line 50 feet east of and parallel to the common line between said Slocum tract and said Hillwood~llow Bend Ltd Tract 2 to a point 50 feet north of said Hillwood~llow Bend Ltd Tract 2 boundary line THENCE Westerly 50 feet along a line 50 feet north of and parallel to said Hiilwood/ Willow Bend Ltd Tract 2 boundary line THENCE Northerly 307 feet, more or less, to the POINT OF BEGINNING and containing 1 acre of land mo~e~~or less TRACT C MELVIN R. FARRELL BEING a tract of land situated in the William Huff Survey Abstract No 648 Tarrant County Texas and being all of the tracts of land as described by deed to Melvin R Farrell and recorded in Volume 3186 Page 400 and Volume 5602, Page 475 County Records, Tarrant County Texas, said tract being more particularly described as follows BEGINNING at the northwest corner of said Melvin R Farrell tract (Volume 3186 Page 400) said point being a corner of Hillwood~llow Bend Ltd Tract 2 as recorded in Volume 11961 Page 1639 said County Records C8~B Job No 971303010 May 2 1997 J \JOB\97130301\SUR\LEGAL\TR7 LG Page 2 of 4 THENCE Easterly 238 feet, more or less along the common line between said Farrell tract and said Hillwood~llow Bend Ltd Tract 2 to the northeast corner of said Farrell tract (Volume 5602 Page 475) in the west line of Robert Gunnels tract as recorded in Volume 7165 Page 2330 said County Records THENCE Southerly 185 feet, more or less along the common line between said Farrell tract and said Gunnels tract to the southeast corner of said Farrell tract; THENCE Westerly 238 feet, more or less, along the common line between said Farrell tract and said Gunnels tract to the southwest corner of said Farrell tract in the east line of County Road 4060 (Roanoke Road) THENCE Northerly 185 feet, more or less, along the east line of said road to the POINT OF BEGINNING and containing 1 acre of land more or less. TRACT D BEING a strip of land 50 foot wide situated in the William Huff Survey Abstract No 648 Tarrant County Texas, and being a portion of that tract of land described as Tract 2 in the Deed to Hillwood~llow Bend Ltd and recorded in Volume 11961 Page 1639 County Records, Tarrant County Texas said strip of land being more particularly described by metes and bounds as follows BEGINNING at the northeast corner of the Robert Gunnels tract as recorded in Volume 7165 Page 2330 said County Records also being a corner of said Hillwoo~llow Bend ltd Tract 2 THENCE Westerly 2494 feet alang the common line between said Gunnels tract and said Hillwood~llow Bend Ltd Tract 2 and along the common line between Melvin Farrell tract (Volumme 3186 Page 400 and Volume 5602, Page 475) and said Hillwood/ Willow Bend •Ltd Tract 2, THENCE Northerly 50 feet, perpendicular to said common line to a point 50 feet north from said common line, THENCE Easterly 2544 feet along a line 50 feet north and parallel to said common line to a point 50 feet east of the east line of Gunnels tract and also 50 feet east of said common boundary line of HillwoodWllow Bend Ltd Tract 2 boundary line THENCE Southerly 346 feet, more or less along a line 50 feet east of and parallel to the common line between said Gunnels tract and said HillwoodWllow Bend Ltd Tract 2 THENCE Westerly 50 feet to a point in the east line of said Gunnels tract and. the boundary line of said Hillwood~llow Bend Ltd Tract 2, • C&B Job No 971303010 May 2, 1997 J \J0B197130301\SUR\LEGAL\TR7 LG Page 3 of 4 THENCE Northerly 295 feet along the common line between said Gunnels tract and said Hillwood~llow Bend Ltd Tract 2 to the POINT OF BEGINNING and containing 3 acres of land more or less ~: C8~B Job No 971303010 J \JOB\97130301\SUR\LEGAL\TR7 LG May 2, 1997 Page 4 of 4