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HomeMy WebLinkAboutResolution 2287 u` o a .1~/ ~ JOINT RESOLUTION AND AGREEMENT NO _ RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION CITY SE~RETA~Y~,,,, ,, , CONTRACT MU ~~!~„r STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS 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 m 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 extraterrrtonal ~unsdiction 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 ~unsdiction 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 CARPENTER/MOORE Page 1 07510.0019.0253755 02 1 i 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 ~urisd>ctions. 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 extraterntorial ~ur>sdictional rights the Town of Westlake has or may have >n 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 D>sannexed Land. SECT ON 4. That th>s 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 pnor 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 bmd>ng 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 D>sannexed Land will remain in its extraterritor>al 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 ~-; 3Z ~.1V1. on such date JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 2 07510.0019.0253755 02 ATTEST Ginger Crosswy Secr Date: May 2, 1997 APPROVED AS TO FORM EGALITY B 1 Wood, Town Attorney Date. May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED• ~ e~~%~~~/ MAYOR Carroll Huntress, MAYOR RO-TEM ~" This nstrument was acknowledged before me on the 2nd day of May 1997 by i ~~~...~ ~, ~/L ~ ; ~"~~ Mayor of the Town of W tlake. ~- '~~~ Notary Public in and for the State of Texas My Commission xpires. ro~P" a KRISTA UWETfE i'<~fRSf Notary PuHAo ~ STATE OF TEXAS ~ ray connn. E>~. oanauss • JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 3 07510 0019.0253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § T 's i strument was acknowledged before me on the 2nd day of May 1997 by ~C3f rd wn~f eSS `, Mayor Pro-Tem of the To of Westlake. , ~- N 1~ia6~etho~o f1~~.4ANETTE M1RST My Comm sion Expires ? su- ~ou-s ~ ~ °t~ bly comm. Ems. o?11W9Y This JOINT .RESOLUTION AND AGREEMENT is passed and approved by the City Council of the Crty of Fort Worth, Texas, this ~ day of , 1997 ~.,.~ ATTEST ~~ Secretary APP OVED AS TO ORM AN EGALITY City Attorney Date ,~- 3 ` `~ ~ ~„u. t+.u 1=~-~ Mayor JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 4 07510.0019.0253755 02 THE STATE OF TEXAS COUNTY OF TARRANT § Li ~~}i i s ent~i~'as acknowledged before me on the~i~.0" day of 1997 by z~~l" L ~-; Mayor of the City of Fort Worth. ~ Notary Public m and for the State of Texas My Commission Expires 'r F, t< ~_ JOINT RESOLUTION AND AGREEMENT CARPENTERfMOORE Page 5 07510 0019.0253755.02 • • EXHIBIT "A" Drawing of `Da,sannexed Land" JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 6 07510.0019 ~ 025 3 75 5.02 .... ~... .r.. J w~ .~~ ~~ EXHIBIT A A ~A L l~ ~IkPEN'~e~MA~~2E TRACTS (ROAD iz U W ~ Z W Z g ,o z ~- o N ~^^~ • ~ r ~ A$ Nn' ROAD 40E DOVE ROAD ~~~ ~ ~~~ P W g G` • w~ r R Z C~ N i, 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. i JOINT RE5OLUTION AND AGREEMENT CARPENTER/MOORE Page 7 07510.0019.0253755.02 EXHIBIT `B' PROPERTY DESCRIPTION JERRY AND JUDY MOORS AND OWEN CARPENTER This property is comprised of two tracts of land (Tracts A and B) located on the north side of Dove Road at the northeast corner of and to the east of the intersection of Dove Road and J T Ottinger Road and west of the intersection of Dove Road and Pearson Lane in Tarrant County Texas, commonly known respectively as 2399 J T Ottinger Road and 3030 Dove Road Roanoke Texas 76262, plus the property described as Tract C Tracts A and B are generally shown on the attached Exhibit `A and Tracts A, B and C are further described below TRACT A JERRY N MOORS BEING a tract of land situated in the J Gibson Survey Abstract No 592 Tarrant County Texas and being that tract of land as described by deed to Jerry N Moore and recorded in Volume 5846 Page 696 County Records Tarrant County Texas, save and except any portion of said tract situated within 50 feet of the northerly right-of-way line of Dove Road TRACT B OWEN CARPENTER BEING a tract of land situated in the Jesse Gibson Survey Abstract No 592 Tarrant County Texas and being that tract of land described in a Deed to Owen Carpenter as recorded in Votume 540 Page 621 County Records Tarrant County Texas the portion of which Owen Carpenter is the record title holder (according to the Real Property Records of Tarrant County Texas) as of 4'00 p.m. on May 1 1997 save and except that portion of said trait situated within 50 feet of the right-of--way of Dove Road and J T Ottinger Road TRACT C Any land situated between Tract A and Tract B 2. Any land situated between Tract A or Tract B and the property described in a deed to Ray N Proffit recorded in Volume 5499 Page 335 Real Property Records of Tarrant County Texas 3 Any land situated between Tract B and the property described in a deed to Wayne T Hoover recorded in Volume 5492, Page 93 Real Property Records of Tarrant County Texas (the Hoover Tract") 4 Any land situated between Tract B and the Hoover Tract. • C&B Job No 971303010 May 2 1997 J WOB\97130301\SUR\LEGAL\TR11 LG Page 1 of 1