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HomeMy WebLinkAboutResolution 2289b~ 0 JOINT RESOLUTION AND AGREEMENT NO t ~ " ~~ RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION CITY SECRfT~ CONTRACT P~ 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 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 extratemtorial jurisdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extratemtorial 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 Crty 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 Crty 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 DUDLEY Page 1 07510.0019.0253 7 55.02 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. SF.CTiON 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 3oint 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 7 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 3°1 ~.M. on such date ._ JOINT RESOLUTION AND AGREEMENT DUDLEY Page 2 07510.0019 ~ 0253 7 5 5.02 ATTEST G>nger Crosswy Sec Date• May 2, 1997 APPROVED AS TO FORM A EGALITY 11 Wood, Town Attorney Date. May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED• . MAYOR Carroll Huntress, MAYOR PRO-TEM This instrument was acknowledged before me on the 2nd day of May 1997 by ~~e. L. ~~~~~-2.~ _ Mayor of the Town of W stlake. ~' Notary Public l;n and for My Commission Expires. l~~ the State of Texas ro~•PA" pUe~o KRISTA U1~IETTE HURST Notary Public STATE OF TEXAS `~A~. ~ ~+`y My Comm. Ems. 02/10J99 JOINT RESOLUTION AND AGREEMENT DUDLEY Page 3 07510.00190253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § T s instrument was acknowledged before me on the 2nd day of May 1997 by ~4.~(Y~1 ~ V,.Y~~'C~ SS Mayor Pro-Tem of the Town of Westlake. Notary Pu ~,~, the Sta KRISTA LANETTE NURS'- My Commission [E~x fires 2° °• Notary Public j-~ ~ 1--~- `~ ~+~y My C m ~E~. 0 12/ O/Di This JOINT RESOLUTION AND AGREEMENT is p ssed and approved by the City Council of the City of Fort Worth, Texas, this ~A~ day of ~ , 1997 ATTEST Secretary Mayor APPROVED AS TO FO A LEGALITY. City Attorney Date. S- 3 - 97 JOINT RESOLUTION AND AGREEMENT DUDLEY Page 4 07510.0019.0253755.02 • THE STATE OF TEXAS § COUNTY OF TARRANT his 'ns nt as acknowledged before me on the 7~-0`~ day of ~_-t-' 1997 by ~, ~ ~ Mayor of the City of Fort Worth. r ~~ Notary Public in and for the State of Texas My Commission Expires. N ~.. ,.t,. $.,~ F. ~ G' ~ r: t 1 w ;. ._ ..r=:w • • JOINT R ESOLUTION AND AGREEMENT _ DUDLEY Page 5 07510.0019.0253755.02 EXHIBIT "A" Drawing of `Disannexed Land" JOINT RESOLUTION AND AGREEMENT DUDLEY Page 6 07510.0019.0253755.02 EXH 16 I T ' A' 0 Q 0 w 0 0 0 a 0 J J J O Z Q 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 junsdiction of the City of Fort Worth, Texas. • JOINT RESOLUTION AND AGREEMENT DUDLEY Page 7 07510.0019.0253 75 5.02 EXHIBIT `B' PROPERTY DESCRIPTION HOWARD AND SHERRY DUDLEY This property is comprised of two tracts of land and a portion of Dove Road Located on the north and east sides 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 Precinct Line Road in Tarrant County Texas, commonly known as 1650 Dove Road, Roanoke, Texas, Zip Code 76262. These tracts of land are generally shown on the attached Exhibit A further described below TRACT A BEING a tract of land situated in the C.M. Throop Survey Abstract No. 1510, Tarrant County Texas, and being all of that 21.22 acre tract and that 83.47 acre tract of land described in a Deed to Howard Dudley as recorded in Volume 4888, Page 622, County Records, Tarta~t County Texas and being more particularly described as follows: BEGINNING at the northeasterly comer of said 21.22 acre tract; THENCE Southerly past the southeast comer of said 21.22 acre tract. and the northeast comer of said 83 47 acre tract and the northwest comer of that tract of land described in a Deed to Dale White as recorded in Volume 3935, Page 631 of said County Records, then along the line common to said Dudley and White tracts 2390 feet more or less to the northerly line of Dove Road (an approximately 50 foot wide public right-of--way); THENCE Westerly northwesterly and northerly along said right-of--way line approximately 3985 feet to the northwest comer of said 21.22 acre Dudley tract; THENCE Easterly 2000 feet to the POINT OF BEGINNING and containing 104 acres of land, more or less. TRACT B BEING a 50 foot wide strip of land situated in the C.M. Throop Survey Abstract No 1510 Tarrant County Texas, and being a portion of that tract of land as descxibed by deed to I B.M Corporation and recorded in Volume 7376, Page 1765 County Records, Tarrant County Texas, said strip of land being more particularly described as follows: COMMENCING at the southeast comer of said I.B.M tract, said point being in the northerly line of the Howard Dudley tract as recorded in Volume 4888 Page 622, said County Records; THENCE Westerly 151 feet along the common line between said I.B M. tract and said Dudley tract to the POINT OF BEGINNING THENCE Westerly 45 feet continuing along said southerly line May 2, 1997 J:UOB197130301\SURV_EGAL\TR14.LG Page 1 of 2 i~~#~ THENCE Westerly 1347 feet continuing along said southerly line and the northerly line of Dove Road to the .beginning of a curve to the right; THENCE Northwesterly 241 feet along said curve and along the boundary line of said I B.M. tract and the northerly and the easterly line of said Dove Road; THENCE Northerly 50 feet continuing along the boundary of said I.B.M. tract and the east line of said Dove Road; THENCE Easterly 50 feet to a line 50 feet east from the boundary line of I.B.M. tract and the east line of said Dove Road; THENCE Southerly 50 feet along said line 50 feet east from the boundary line of I B.M. tract and the east line of said Dove tract to the beginning of a curve to the left; THENCE Southeasterly 162 feet along said curve and continuing along said line 50 feet east of the east and north line of said I B.M. tract and also the north line of said Dove Road; THENCE Easterly 1397 feet along a line 50 feet north from the boundary line of said I B.M. tract and also the north line of said Dove Road; THENCE Southerly 95 feet to the POINT OF BEGINNING and containing 2 acres of land, more or less. TRACT C 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: BEGINNING at the point when: the easterly line of that tract of land described in a Deed to Howard Dudley as recorded iryVolume 4888 Page 622, intersects the northerly line of said Dove Road• THENCE Southerly 50 feet, an extension of the easterly line of said Dudley tract to the southerly line of said Dove Road; THENCE Westerly northwesterly and northerly 3850 feet along the right-of--way line of said Dove Road to the beginning of a curve to the left, said point being 150 feet, more or less, southerty of the north line of said Dudley tract; THENCE Easterly across said Dove Road, 50 feet to the easterly line of said road and in the boundary line of said Dudley tract; THENCE Southerly southeasterly and easterly 3825 feet along the line common to said Dudley tract and the right-of--way line of said Dove Road to the POINT OF BEGINNING and containing 4 5 acres of land more or less May 2, 1997 J:UOB~9713~301\SUR\LEGAL\TR14.LG Page 2 of 2