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Home My WebLink AboutResolution 2288° ~ 719 JOINT RESOLUTION AND AGREEMENT NO _ RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION ~~ ~~TY SEt".~~T.~ C®NTRACT i~ . 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 anti being situated in Denton and Tarrant Counties, State of Texas; and ~ ti WHEREAS, the Town of Westlake, Texas, > s 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 part>cularly 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 Iurisdict>on boundary lines to unconditionally and irrevocably release the Diisannexed Land from the extraterntorial ~urisdictiori 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 Texa's 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 00190253755 02 ~. ~~ SECTION 1 That the C>.ty of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of the>r respective extraterrrtori:al 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 extraterntor>.al jurisd><ctional rights the Town of Westlake has or may have in and to the D>.sannexed Land. SECTION 3. ~; That the Crty of Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial ~unsdiction of the Crty of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. .SECTION 4. That th>s Joint Resolut>on and Agreement shall become uncondrt>onally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, and that th><s 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 effect>ve and bmd>.ng upon the C><ty of Fort Worth when approved by the Crty Counc>1 of the Crty of Fort Worth. SECTION 6. That the Crty of Fort Worth hereby agrees that the D>sannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effect>ve date hereof (pursuant to Sect>on 42.044 of the Texas Local Government Code) This JOINT RESOLUTION AND AGREEMENT >s unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, th>s 2nd day of May 1997 and >s effect>ve at ~,'~--, 32. ~.M. 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 7 ~~~~. ~ , MAYOR Carroll Huntress, MAYOR RO-TEM 4 Th>s nstrument was acknowledged before me on the 2nd day of May 1997 by .-~ 1 ....P ~ ~/L~{~ ;'~~'` ,Mayor of the Town of W tlake. Notary Public in and for My Commission xpires c~-- ~ ~ t • the State of Texas w~omoammo :osP~ a a~ KRISTA LANETTE FIRST Notary Pubto ,~ STATE OF TEXAS My Gorton. E>~. O?/1W'M JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 3 07510.00190253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § 's i strument was acknowledged before me on the 2nd day of May 1997 by C(~(Y~ ~h~~ es5 ,Mayor Pro-Tem of the To of Westlake. , ~~ N fI~.ANETTEMSRST ? Pub1o My Comm sion Expires• sTP~TE of TExAB ' ~ I °t ~ y My Ca~nm. Ems. 0?110195 This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this ~ heQ day of ~ , 1997 ATTEST ~~ ~ ~ Secretary • APP OVED AS TO IORM AN EGALITY r # L. City Attorney Date: S- 3 " `I ~ '~,.u- t~~..R~1.-. Mayor JOINT RESOLUTION AND AGREEMENT CARPENTEI2lMOORE Page 4 07510.00190253755.02 • THE STATE OF TEXAS § COUNTI' OF TARRANT § LLii,y~ iii st ent as acknowledged before me on the~~ day of 1997 by z~"r ~ , Mayor of the City of Fort Worth. i Notary Public in and for the State of Texas My Commission Exp>res. w JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 5 07510 0019.0253755 02 EXHIBIT "A" Drawing of `Disannexed Land" ti JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Page 6 07510 00190253755.02 .... r-- EXHIBIT A c c L C C BROAD ~ U W ~ z w z o g , z +- o ~` ~'~ ASP P -ti~C~ ~ ~ z -~ G g wi r R z 0 a N ~~~n UNTY ROAD 4080 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 mto the extratemtonal junsdiction of the City of Fort Worth, Texas. i 1 JOINT RESOLUTION AND AGREEMENT CARPENTER/MOORE Fage 7 07510.0019.0253755 02 EXHIBIT `B' PROPERTY DESCRIPTION JERRY AND JUDY MOORE 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 MOORE BEING a tract of land situated in the J Gibson Survey Abstract Noy 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 Volume 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 tract situated within 50 feet of the right-of--way of Dove Road and J T Ottinger Road "~ TRACT C 1 Any land situated between Tract A and Tract 6 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 \JOB\97130301\SUR\LEGAL\TR11 LG Page 1 of 1