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HomeMy WebLinkAboutOrd 758 Annexing property located 2205 and 2217 Pearson LaneTOWN OF WESTLAKE ORDINANCE NO. 758 AN ORDINANCE ANNEXING THE TERRITORY COMMONLY KNOWN AS 2205 N. PEARSON LN AND 2217 N. PEARSON LN, TARRANT COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, TO THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LINES OF SAID TOWN SO AS TO INCLUDE SAID PROPERTY DESCRIBED IN EXHIBIT "A" WITHIN SAID TOWN LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID TOWN; ADOPTING A SERVICE PLAN, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION. WHEREAS, the Town of Westlake is a general -law Town in the State of Texas; and WHEREAS, Section 43.028 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, certain property described and depicted in Exhibit "A " attached hereto and incorporated herein, has fewer than three qualified voters, is contiguous to the Town of Westlake and is one -half -mile in width; and WHEREAS, the Town of Westlake has received a Petition from the landowner requesting the Town of Westlake to annex said property, attached hereto and incorporated herein as Exhibit "B', and WHEREAS, pursuant to Section 45.052(h) of the Texas Local Government Code, the area to be annexed is exempt from the requirements of an annexation plan; and WHEREAS, after proper notice was provided in accordance with Chapter 43 of the Texas Local Government Code and meeting all the requirements of the Texas Open Meetings Act, a public hearing on the proposed annexation was held before the Westlake Town Council; and WHEREAS, all of the property described herein is in the corporate limits and within the exclusive extraterritorial jurisdiction of the Town of Westlake; and WHEREAS, a Service Plan has been prepared and presented at the public hearings and is attached hereto as Exhibit "C" and adopted with this Ordinance; and WHEREAS, this meeting has met all the requirements of Chapter 43 and the Texas Open Meetings Act; and Ordinance 758 Page 1 of 4 WHEREAS, all of the procedures prescribed by the Texas Local Government Code and other laws of the State of Texas have been duly followed with respect to the land described by metes and bounds and depicted in Exhibit "A"which is attached hereto and incorporated herein; and WHEREAS, the Town Council of the Town of Westlake, Tarrant and Denton County, Texas has duly considered all of the evidence presented to them in regard to the annexation; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above recitals are adopted by the Town Council of the Town of Westlake, Texas. SECTION 2: That the property described in Exhibit "A" which is attached hereto and incorporated herein, is hereby annexed to the Town of Westlake, Tarrant and Denton County, Texas ("Town") and that the boundary limits of the Town of Westlake are hereby extended to include the territory described and depicted in Exhibit "A" within the Town limits of the Town of Westlake, and the same shall hereafter be included within the territorial limits of said Town and inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the Town of Westlake and they shall be bound by the acts, ordinances, resolutions, and regulations of the Town of Westlake. SECTION 3: The Petition to Annex is attached as Exhibit `B" and the service plan for the annexed area is hereby adopted and attached as Exhibit "C". SECTION 4: The official map and boundaries of the Town of Westlake, previously adopted, are amended to include the annexed territory as a part of the Town of Westlake, Texas. The Town Secretary is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the Town to add the territory annexed as required by law. SECTION 5: The Town Secretary is directed to file or cause to be filed a certified copy of this ordinance in the office of the county clerk of Tarrant and Denton County, Texas and the Tarrant and Denton County Appraisal District. SECTION 6: That the Town map be revised and updated and all appropriate notices be sent. SECTION 7: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. SECTION 8: Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof, the unconstitutionality, illegality, invalidity or Ordinance 758 Page 2 of 4 ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portions, the same shall be and remain in full force and effect. SECTION 9: Should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the Town of Westlake, such ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. The Town Council hereby declares it to be its purpose to annex to the Town of Westlake every part of the area described in Exhibit "A" attached hereto and incorporated herein, regardless of whether any part of such described area is hereby not effectively annexed to the Town. Provided, further, that if there is included within the general description of territory set out in Exhibit "A"attached hereto and incorporated herein, to be hereby annexed to the Town of Westlake any lands or area which are presently part of and included within the limits of any other Town, Town, or Village, for which permission is not granted for Westlake to annex or if there is land that cannot be annexed for some valid legal reason, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted area where expressly described herein, if permission has not been granted. SECTION 10: The Town Secretary of the Town of Westlake is directed to engross and enroll this ordinance by copying the caption, publication clause and effective date clause in the Minutes of the Town Council and by filing the ordinance in the ordinance records of the Town of Westlake. SECTION 11: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS 14th DAY OF DECEMBER 2015. ATTEST: Laura Wheat, Mayor fi ter-- F r ) Kell Edwa , Town Secretary T�E. Br"en Manager APPROVE RS TO O": o� �1 ES 7, f L. on LoWry,fwr attorney T E'�� Ordinance 758 Page 3 of 4 EXHIBITS EXHIBIT A Legal Description and Depiction of Annexed Property EXHIBIT B Petition and Affidavit for Annexation EXHIBIT C Service Plan Ordinance 758 Page 4 of 4 METES & BOUNDS DESCRIPTION TRACT I A 3.01 (CALLED 3.0) ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271, PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found '/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a 2.27 acre tract this day surveyed (called Tract Il); THENCE along and with the common boundary of the herein described tract and said Tract II, West, a distance of 660.08 feet (called West, a distance of 659.72 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Tract II; THENCE along and with said R.O.W., North 01°10'52" East, a distance of 198.43 feet (called North, a distance of 198.08 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a called 2.00 acre tract as conveyed to Becky Banks in Vol. 11850, Pg. 1636, Deed Records of Tarrant County, Texas; THENCE leaving said R.O.W., along and with the southerly boundary line of said Banks Tract, North 89°56'03" East, at a distance of 21.15 feet passing a found pipe, a total distance of 661.03 feet (called East, a distance of 659.72 feet) to a found 'h" iron rod for the northeast corner of the herein described tract, the northwest corner of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01'27'05" West, a distance of 199.21 feet (called South, a distance of 198.08 feet) to the POINT OF BEGINNING and containing 3.01 acres, more or less. STATE OF TEXAS October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. z4a� 7 Donald Edward Smith Sr., Registered Professional Land Surveyor Registration No. 2465 2 ,�P •G�g Tf�P' +q •, DONALD EDWARD SMITH SR. .................................. LA2465fS� • S U.RVF,'� METES & BOUNDS DESCRIPTION TRACT II A 2.27 ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271, PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found ''/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a called 4.43 acre tract as conveyed to Sarah Khan and Nadeem Ahmad in Ins. No. D204399688, Official Public Records of Tarrant County, Texas; THENCE along and with the common boundary of the herein described tract and said Khan/Ahmad Tract, West, at a distance of 636.95 feet passing a found %2" iron rod, a total distance of 659.95 feet (called West, a distance of 659.37 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Khan/Ahmad Tract; THENCE along and with said R.O.W., North 0I'l0'52" East, a distance of 149.87 feet (called North 01010152" East, a distance of 149.11 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a 3.01 acre tract this day surveyed, called Tract I; THENCE leaving said R.O.W., along and with the southerly boundary line of said Tract I, East, a distance of 660.08 feet (called North 89°56'46" East, a distance of 659.29 feet) to a found %2" iron rod for the northeast corner of the herein described tract, the southeast corner of said Tract I, a point in the westerly boundary line of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01°13'44" West, a distance of 149.87 feet (called South 01°08'44" West, a distance of 149.73 feet) to the POINT OF BEGINNING and containing 2.27 acres, more or less. STATE OF TEXAS October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. z4a� 7 Donald Edward Smith Sr., Registered Professional Land Surveyor Registration No. 2465 2 .................................. DONALD EDWARD Sin SR. A 2465 v r 9��FS U Rv�yo Lr_ o 00 _ rn or; UJ w cV Ln � o o o O z Z LEGEND BECKY BANKS CALLED 2.00 ACRES TRACT (VOL. 11850, PC. 1636) R END. PIPE ON LINE 21.15' 31.3' 10 ® MP GREEN HOUSE TRIED ° W CONC DRVWY., 120.8' ° BRICK PAVING POOL COVERED AREA BRICK - PUMP FDTTT-NPOND CREEK STORAGE POND LP STONE N 89'56'03" E 661.03' (F.M.) EAST 659.72'El jDFF:; 36.5' METAL CONTAINER CHAINLINK FENCE TRACT 1 CALLED 3.0 ACRES TRACT (INS. NO. D213291713) 131292 SQ. FT, 3.01 ACRES FRED E. HELD & RUBY S. HELD CALLED 5.00 ACRES TRACT (VOL. 14685, PG. 151) CENTER BLOCK WALL RETAINING WALL \COVERED RATIO- GARAGE 14.0' 24.1 3.5' CONC. SDWLK. s 1 PAD FE be found in the drawing. SDWLK.CK 52.4' 1AILBOX WIRE FENCE • • ONE STORY ❑ �.4 O a Ef PAD O 3'.5' BRICK L - WOOD FRAME 20.4' CONC. SDWLK. LP SDWLK. 2.1' Certificate.This information is subject to change as a TELEPHONE PEDESTAL result of future FEMA map revisions and/or amendments. 3.6' 3.1' BRICK SD LK ELECTRIC METER [� Q-, 5.1' 2.4.0 14.0' 3M, 13.3' WATER METER w 2.5"n U E ® 18.6' WM �G 76T ^LP COVERED PORCH COVERED 4. BRICK 3.1 FH Z SIDING &FRAME sEM PATIO M LP LP LP LP ®GM LP LP 36.2' ® GM EM E 4 "A/C ° MP - L PAD BRICK PAVING POOL COVERED AREA BRICK - PUMP FDTTT-NPOND CREEK STORAGE POND LP STONE N 89'56'03" E 661.03' (F.M.) EAST 659.72'El jDFF:; 36.5' METAL CONTAINER CHAINLINK FENCE TRACT 1 CALLED 3.0 ACRES TRACT (INS. NO. D213291713) 131292 SQ. FT, 3.01 ACRES FRED E. HELD & RUBY S. HELD CALLED 5.00 ACRES TRACT (VOL. 14685, PG. 151) CENTER BLOCK WALL RETAINING WALL \COVERED RATIO- GARAGE 14.0' 24.1 3.5' CONC. SDWLK. s 1 PAD FE 23.00' ® GM FIND. 1/2" I.R. ON LINE These standard symbols will be found in the drawing. SDWLK.CK A/C AIC WIRE FENCE • • PAD STORAGE �.4 O a Ef PAD O -E-E- OVERHEAD ELECTRIC 20.4' CONC. SDWLK. LP CJ FOUND IRON ROD Certificate.This information is subject to change as a TELEPHONE PEDESTAL result of future FEMA map revisions and/or amendments. A/C PAD BRICK SD LK ELECTRIC METER [� Q-, LIGHT POLE 14.0' 3M, 13.3' WATER METER w PAD ® 18.6' WM w 23.00' ® GM FIND. 1/2" I.R. ON LINE These standard symbols will be found in the drawing. SDWLK.CK BOUNDARY LINE AIC WIRE FENCE • • CHAINLINK FENCE \\-\\ �.4 O a Ef PAD O -E-E- OVERHEAD ELECTRIC 0 LP W FOUND IRON ROD Certificate.This information is subject to change as a TELEPHONE PEDESTAL result of future FEMA map revisions and/or amendments. POWER POLE (JE ELECTRIC METER ASC LIGHT POLE 14.0' 3M, 13.3' WATER METER 'C� PAD ® 18.6' WM w 76T ^LP 63.91 o.e' ° RECORDED ON DEED L SIDING &FRAME sEM LP LP LP LP MOBILE HOME LP LP ° MP - L LP LID ;LP°a ° < ° " � DR Y., CONC. DRVWY. s ° y ` ° ° GATE,° PP a WEST 659.72' (DEED) PP GRAVEL::•:-:- DRVWY'.'-'.'.' N 89°56'46" E 659.29' (DEED) WEST 660.08' F.M. PP ....... • caTE::.::.:.::. .................. ................................ ❑ v F, 1AILBOX " SIDING & FRAME ( �EEH D U�y D ❑ M��(� �� SUMWEM �U J �J �f lvl �J EM ESHED 1 t9' 31.7' ° FD) 7NLfU�V OO Goo M ° CONC W � ❑ PATIO 0.4' 0.4' 131.1' O `ad C9 '. z.a' TRACT II 23.00' ® GM FIND. 1/2" I.R. ON LINE These standard symbols will be found in the drawing. BASIS OF BEARING, RECORDED BOUNDARY LINE X X WIRE FENCE • • CHAINLINK FENCE \\-\\ WOOD FENCE -E-E- OVERHEAD ELECTRIC 0 POINT OF REFERENCE Exact designations can only be determined by a Elevation FOUND IRON ROD Certificate.This information is subject to change as a TELEPHONE PEDESTAL result of future FEMA map revisions and/or amendments. POWER POLE (JE ELECTRIC METER LIGHT POLE ® WATER METER 'C� FIRE HYDRANT ® GAS METER ❑ MAILBOX 0 METER POLE (DEED) RECORDED ON DEED (F.M.) FIELD MEASURED 2M"r �] U DO 2.8' 0.4' O 31.fi' Legal Description of the Land: TRACT I Being all that certain lot, tract or parcel of land lying and being situated in Tarrant County, Texas, and being more particularly known and designated as being a tract of land out of the G.B. HENDRICKS SURVEY in Tarrant County, Texas, and being a part of the some tract of land recorded in Volume 2271, Page 36, Deed Records, Tarrant County, Texas. TRACT II BEING a tract of land situated in the G.B. HENDRICKS SURVEY, ABSTRACT NO. 680, Tarrant County, Texas, and being the same tract of land conveyed to David Charles Hammonds and wife, Jeanette Leah Hammonds, recorded in Volume 7851, Page 1826, Deed Records of Tarrant County, Texas. m ri M (TRACT DESCRIBED IN INS. NO. D213291713) COVERED CONC. 98894 SQ. FT. PATIO 2.27 ACRES STORAGE WOOD WEST 659.37' (DEED) WEST 659.95' (F.M.) SARAH KHAN & NADEEM AHMAD CALLED 4.43 ACRES TRACT (INS. NO. D204399688) Z J U Z U o_ MAHOTEA BOONE ROANOKE - DOVE RAVEN SITE z J TIMBER w RIDGE o LAMBERT OAK J ASPEN z Z w 0 > on Q of Of KNOX a LL w g_ Y U SPRINGS KNOX g_ J WINTER J x LOCATION MAP N. T. S. FIND. 112" 1. R. 0 w WIRE g FENCE p� 0 00 o � as 1O O Cn o i_ (V O U) 0.4 SHELBY ESTATES (VOL. 388-165, PG. 28) TRACT 3 FRED E. HELD & RUBY S. HELD CALLED 0.336 ACRE TRACT (VOL. 8905, PG. 1530) END. P.O.B. R. TRACT I N O N FED. P. 0. B. R2 i TRACT 77 SURVEYOR'S NOTE: BASIS OF BEARING, RECORDED The survey is hereby accepted with the DEED UNLESS OTHERWISE NOTED. discrepancies, conflicts, or shortages in area or boundary lines, encroachments, protrusions, or At date of this survey, the property is in FEMA designated overlapping of Improvements shown. ZONE X as verified by FEMA map Panel No: 48439C 0080 K effective date of SEPTEMBER 25 2009 X Exact designations can only be determined by a Elevation Certificate.This information is subject to change as a result of future FEMA map revisions and/or amendments. X GRAPHIC SCALE 1. L' l 1 Inch = 40 Feet Ordinance 758 BECKY BANKS CALLED .2.00 ACRES TRACT (VOL 11850, PC. 1636) FRED E. HELD & RUBY S. HELD CALLED 5.00 ACRES TRACT (VOL. 14685, PC. 151) e FND. N 89'56'03" E 561.03' (Fail.) PIPE EAST 659.72' (DEED) F ON LINE CENTER BLOCK WALL 21'15 RETAINING WALL CO, FND. 313' PAT! 1/2' BRICK® MP b PA 16s GARAGE I.R• � P GREEN BOUSa , . TPED METAL�v 140 CONTAINER 24.1' . } POOLCHAINLINK COVERED PENCE SDWl►L!C . AREA 6' 1&1' PA� tzo.s' DRrcx TRACT I .4 p. n� 52.4' pUyp CALLED 3.0 ACRES TRACT MAILBO �, {INS. N0. D213291713) ONE STORY q POND ❑ 3.5' BRICK N WOOD FRAME � L L SDWLK 1xr s' 131292 SQ. FT. ar CREEK 3.01 ACRES uJ W /C . w C4 Cd a 5.1' 24' 1u2' STORAGE r PAD FENCE WIREo W r 25'04° ti _ $ c W � COvaRSD ��,CovaRaD ��. a � STORAGE 3:PORCH BRICx CONC. z�x GM 'i 38.7 PATIO LP BDiFLFC •• Alt C] It7 C4 Q Q GM EM 4 POND ERIC% '" o - r �'-•d/t S'DWLK EQ -y N N p PAD: a�+ r 2' BRICK W LP•s• y G:O d2 SDWLa:am f/1 PAD Q w • . -� AIV�.c; ,f :';�: ice' 388 133 SHELBY ESTATES PAD y .n : ; r las ,. �.; {VOL. 388-165, PG. 28) Ca WM W 78.1' .LP. ''. -:, s3a' tae Y TRACT 3 py SIDING & FRAME -; • • y • , & (V'•+• .', ! A. •,' }.• • +`•EMf'*. .•. {4 •a NA�.yi w a , . ❑ LP LP LP MOBILE HOME ! , +�: FRED E. HELD & RUBY S. HELD LP CALLED 0.336 ACRE TRACT '.� .: .. .,• �� • .. . D�yYr..•; - . •'� % (VOL. 8505, PG. 9530) i "►I MP'' " LP� • ' r •r•• L1�NC• •$ • K .• y r� t S • • 3 v �. : y- •• 't�P 'E, s.':. '•t," 1:0.4 WEST' &59.72'• DEED a .•t :7 . .:GATE,' , , .* • � -, (DEED) • � ,� .: PP N 89'56'48' E 859.29' (DEED) FND. GATE. WEST 650.08' (F.M.) 1/2" P.D.a GRdYPL; I.R. TRACT I El MAILBOX m SIDING dt HE E N �, HY 0 a LI LI E N 0 � FRAME t�J u � lJ lJ MP EM SHED {�`� �] �� rs� rr'��' LL: : GYIARC'' • • i } 8, I LOJ "T LlACT LI V O ® "8 0 � 1► 31.7 ,0•,0,•,. Z. 13 " PATIO 00 01 n 07 &3 4' TRACT H W wf si• �' b'$ [� (TRACT DESCRIBED IN 3 N X10 03�' A m INS. NO. D213291713) o 1 W �] �+ COVERED v rq as p zm CONI. 98894 SQ. FT. to PATIO 2.27 ACRES STORAGE r'D a z Z 31.8 N D GIS m q WOOD 23.00' PENCE FND. WEST 559.37' (DEED) ND. P Q B 1/2" I.R. ON LINE WEST 659.95' (F.M.) I.R. TRACT II 0 04 04 LEGEND These standard symbols will be found in the drawing. DEED UNLESS OTHERWISE NOTED. BOUNDARY LINE =sem WIRE FENCE At dote of this survey, the property is in FEMA designated CHAINLINK FENCE —/�—/�— WOOD FENCE EE OVERHEAD ELECTRIC Q POINT OF REFERENCE Certificate. This information is subject to change as a FOUND IRON ROD ® TELEPHONE PEDESTAL POWER POLE (�l ELECTRIC METER LIGHT POLE ® WATER METER 'C� FIRE HYDRANT GAS METER ❑ MAILBOX x METER POLE (DEED) RECORDED ON DEED (F.M.) FIELD MEASURED Legal Description of the Land: TRACT I Being all that certain lot, tract or parcel of land lying and being situated in Tarrant County, Texas, and being more particularly known and designated as being c tract of land out of the G.B. HENDRICKS SURVEY in Tarrant County, Texas, and being a port of the same tract of land recorded in Volume 2271, Page 38, Deed Records, Tarrant County, Texas. TRACT II BEING a tract of landsituated in the G.B. HENDRICKS SURVEY, ABSTRACT NO. 680, Tarrant County, Texas, and being the same tract of land conveyed to David Charles Hammonds and wife, Jeanette Lech Hammonds, recorded in Volume 7851, Page 1828, Deed Records of Tarrant County, Texas. SARAH KHAN & NADEEM AHMAD CALLED 4.43 ACRES TRACT (INS. NO. D.204399688) W x J uJ v z ca a MAHOTEA SCONE ROANOKE – DOVE RAVEN SITE a J TIMBER w RIDGE LAMBERT OAK ASPEN xW N a o: KNox a W JJ a - Y. o x SPRINGS a O NOx a- WINTER x 1 !� SURVEYOR'S NOTE: BASIS OF BEARING, RECORDED The survey is hereby accepted with the DEED UNLESS OTHERWISE NOTED. discrepancies, cordlicfa, or shortages in area or boundary lines, encroachments, protrusions, or At dote of this survey, the property is in FEMA designated overlapping of Improvements shown. ZONE x as verified by FEMA map Panel No: 48439C 0080 K effective dote of SEPTEMBER 25. 2009 x Exact designations can only be determined by a Elevation Certificate. This information is subject to change as a result of future FEMA map revisions and/or amendments. x Ordinance 758 EXHIBIT "B" PETITION AND AFFIDAVIT FOR ANNEXATION PETITION AND AFFIDAVIT OF BAHTIA SATENDAR FOR ANNEXATION PURSUANT TO SECTION 43.028 OF THE TEXAS LOCAL GOVERNMENT CODE THE STATE OF TEXAS § COUNTY OF TARRANT § TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, A GENERAL LAW TYPE -A MUNICIPALITY IN AND FOR THE STATE OF TEXAS: I, the undersigned, Satendar Bhatia / Neelu Bhatia, having been duly sworn depose as follows: 1. "My name is Satendar Bhatia / Neelu Bhatia. I am over the age of eighteen, have never been convicted of a felony, and am of sound mind, fully capable of making this affidavit and personally acquainted with the facts herein stated: 2. I am the owner of a parcel of land with the address of 2205 N. Pearson, and 2217 N. Pearson, adjoining unplatted lots, further described by metes and bounds in the attached Exhibit A (hereinafter the "Property"). The Property is located within the extraterritorial jurisdiction of the Town of Westlake, is contiguous to the Town Limits of the Town of Westlake, is one-half mile or less in width, and on which three or fewer qualified voters reside. 3. As the owner of the Property, I hereby petition the Town Council to extend the present Town municipal boundaries so as to include the Property as part of the Town for all purposes. By filing this Affidavit with the Mayor of the Town of Westlake, in care of the Town Manager of the Town of Westlake, I certify my desire that the Property be annexed by the Town Ordinance 758 of Westlake in accordance with Section 43.028 of the Texas Local Government Code. I further certify, ratify and confirm that the Property has been continually located within the extra territorial jurisdiction of the municipal boundaries of the Town of Westlake from approximately October, 2003, through the present. 4. As the owner of the Property, I hereby certify that the land is used for residential single family use (as set out in Westlake's zoning ordinance under section 102-61) and that my plans are to continue that use." 23co1 WITNESS MY HAND this day of NOV MBER, 2015. Satendar Bhatia Neelu Bhatia STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, on this day personally appeared Bhatia Satendar / Neelu Satendar, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisr�day of November, 2015. K�-'E DWARDS Y Public OF TEXAS Notary I?ubl and for the MY Comm.P. FEBRUARY 3, 2018 State o Texas Ordinance 758 Exhibit "C" SERVICE PLAN SERVICE PLAN SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION 1. POLICE PROTECTION The Town of Westlake, Texas will provide police protection to the newly annexed territory at the same or similar level of service now being provided to other areas of the Town of Westlake, Texas, with similar topography, land use and population within eh newly annexed area. 2. FIRE PROTECTION The Town of Westlake, Texas will provide fire protection and ambulance service to the newly annexed territory at the same or similar level of service now being provided to other areas of the Town of Westlake, Texas, with similar topography, land use and population within the newly annexed area. 3. SOLID WASTE COLLECTION At the present time, the Town of Westlake, Texas is using a designated, specified contractor for collection of solid waste and refuse within the Town limits of the Town of Westlake, Texas. Upon payment of any required deposits and the agreement to pay lawful service fees and charges, solid waste collection will be provided to citizens in the newly annexed area to the extent that the Town's contractor has access to the area to be services. Residents of the annexed area with existing contracts with a solid waste removal provider may continue to use that provider for up to two (2) years from the effective date of the annexation ordinance, if they choose. 4. MAINTAINENCE OF WATER AND WASTEWATER FACILITIES To the extent the Town has any water or waste water facilities owned or maintained by the Town of Westlake, Texas, at the time of the proposed annexation in the area to be annexed, said facilities shall be maintained by the Town of Westlake. Any and all subsequently acquired or built water or waste water facilities in the annexed area shall be maintained by the Town of Westlake, Texas, to the extent of the Town's ownership of said facilities. 5. MAINTENANCE OF ROADS AND STREETS Any and all public roads, streets, or alleyways which have been dedicated to the Town of Westlake, Texas or the public or which are owned by the Town of Westlake, Texas shall be maintained to the same degree and extent that other roads, streets, and alleyways are Ordinance 758 maintained in areas with similar topography, land use and population density, and in a manner no less than they are currently maintained. Any and all lighting of roads, streets, and alleyways which may be positioned in a right-of-way, roadway or utility easement shall be maintained by the applicable utility company servicing the Town of Westlake, Texas pursuant to the rules, regulations and fees of such utility. 6. MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS The Town Council of the Town of Westlake, Texas is not aware of the existence of any public parks, public playgrounds or public swimming pools now in the area proposed for annexation. In the event of any such public parks, public playgrounds, or public swimming pools do exist and are public facilities, the Town of Westlake, Texas will maintain such areas to the same extent and degree that it maintains public parks, public playgrounds, and public swimming pools in other similar areas of the Town now incorporated in the Town of Westlake, Texas. 7. MAINTAINENCE OF MUNICIPALLY OWNED FACILITIES, BUILDINGS OR MUNICIPAL SERVICE The Town Council of the Town of Westlake, Texas is not aware of the existence of any municipally owned facilities, buildings or other municipal service now located in the area proposed for annexation. In the event of any such municipally owned facilities, buildings or other municipal service do exist and are public facilities, the Town of Westlake, Texas will maintain such areas to the same extent and degree that it maintains public owned facilities, buildings or municipal services of the Town in other similar areas of the Town now incorporated in the Town of Westlake, Texas. CAPITAL IMPROVEMENTS 1. GENERAL The Town policy for extending water and wastewater service is to extend service on an as required basis when development applications or subdivision plats are submitted to the Town in accordance with the Town's subdivision and development ordinances. Landowners may be required to fund capital improvements necessary to provide service in a manner consistent with law. Nothing in this plan shall be interpreted to require a landowner within the newly annexed area to fund capital improvement's necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Government Code, unless otherwise agreed to by the landowner. Ordinance 758 2. POLICE PROTECTION, FIRE PROTECTION, AND EMERGENCY MEDICAL SERVICES The Town Council of the Town of Westlake, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement for the purposes of providing police protection, fire protection, or emergency medical services. The Town Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the Town of Westlake, Texas, with the same or similar topography, land use, and population density, without reducing by more than a negligible amount the level of fire, police and emergency medical services provided with in the corporate limits of the Town. 3. WATER FACILITIES The Town Council of the Town of Westlake, Texas has determined that the area is currently being served by the City of Keller, and may remain so until the property is platted. At the time of platting a determination will be made as to how and when connection to the Town of Westlake water system will be made. 4. WASTE WATER FACLITIES The Town Council of the Town of Westlake, Texas has determined that the area is currently being served by an on-site sanitary sewer system and may continue to be served by such until a sanitary sewer main is extended to within the minimum distance from the property that would trigger a required connection. 5. ROADS AND STREETS Maintenance of properly dedicated roads and streets will be consistent with the maintenance provided by the Town to other roads and streets in areas of similar topography, land use, and sub -development of the annexed territory. Developers will be required pursuant to the ordinances of the Town of Westlake, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the Town of Westlake, Texas for the properly dedicated street. Town participation in capital expenditures will be in accordance with Town policies. SPECIFIC FINDINGS The Town Council of the Town of Westlake, Texas finds and determines that this proposed Service Plan will not provide fewer services, and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Ordinance 758 Because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided other areas of the Town of Westlake, Texas. These differences are specifically dictated because of differing characteristics of the property and the Town of Westlake, Texas will undertake to perform consistent with this Service Plan so as to provide the newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the Town of Westlake, Texas who reside in areas of similar topography, land utilization and population. APPROVED THIS THE 14th DAY OF DECEMBER 2015. TOWN OF WESTLAKE, TEXAS 4 LAURA WHEAT, MAYOR ATTEST: KELLY ED A�OWN SECRETARY Ordinance 758 in MARY LOUISE GARCIA COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 TOWN OF WESTLAKE TX 3 VILLAGE CIRCLE 202 WESTLAKE, TX 76262 ORD 758 Submitter: TOWN OF WESTLAKE TX DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 1/4/2016 10:26 AM Instrument #: D216000229 OPR 15 D216000229 PGS $68.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.