HomeMy WebLinkAboutRes 19-16 Accepting the Donation of Approximately 22.81 acers of Park Land Cross Timbers Ridge Conservation Area TOWN OF WESTLAKE, TEXAS
RESOLUTION NO. 19-16
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS
ACCEPTING THE DONATION OF APPROXIMATELY 22.881 ACRES AS A
CONSERVATION AREA TO BE DESIGNATED AS MUNICIPAL PARK LAND;
NAMING THE PARK LAND "CROSS TIMBERS RIDGE CONSERVATION AREA";
AUTHORIZING THE TOWN MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS; AND DECLARING AN EFFECTIVE DATE.
RECITALS
WHEREAS,the property described in Exhibit"A", hereafter referred to as "The
Property" is hereby conveyed to the Town of Westlake, Texas, a municipal government, for the
purpose of conserving the land in its natural state; and
WHEREAS, Ordinance 846, approved by the Town Council of Westlake, Texas on
February 26, 2018 requires the dedication of The Property to the Town of Westlake to preserve
natural open space for use as a conversation area; and
WHEREAS, The Property is in a substantially undisturbed natural and open space
condition and exhibits natural, scenic, and open space features of great importance to the
residents of the Town of Westlake and the people of the region; and
WHEREAS, The Property is largely forested with native vegetation that is characteristic
of the native cross-timbers forests that once dominated large portions of the region prior to
farming and subsequent urban and suburban development; and
WHEREAS, as a relatively unblemished remnant of the ancient cross-timbers forests
that once flourished in the region, The Property is further unique in that it is largely an upland
forest located atop a knoll; and
WHEREAS,the protection of that natural, scenic, open-space, and ecology of The
Property will help to sustain the natural aesthetic and ecological integrity of the region and the
plant and wildlife dependent on it.
NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
1. The above findings are deemed to be true and correct; and
Resolution 19-16
Page 1 of 2
2. The Town Council hereby accepts the dedication of the Property as a conservation area
and as municipal park land subject to the conditions and restrictions in the attached Exhibit "B";
and
3. Naming the park land "Cross Timbers Ridge Conservation Area"; and
4. The Town Manager is hereby authorized to execute any and all documents required to
transfer the Property to the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 25TH DAY OF MARCH 2O19.
OF
ATTEST: ti� ' �!{� Naze
* : m Laura L. Wheat, Mayor
11U APPRO A O ORM:
Kellp EdvQds, Town Se
L anton wn Attorney
Resolution 19-16
Page 2 of 2
Upon Recording, please return to:
Town of Westlake
Attn: Town Manager
1500 Solana Blvd.
Building 7, Suite 7200
Westlake, Texas 76262
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT WILBOW-SOLANA LLC,a Texas limited liability company("Grantor"),for Ten
and No/100 Dollars ($10.00) and other good and valuable consideration paid and caused to be
paid to Grantor by the TOWN OF WESTLAKE, TEXAS, a municipal government, ("Grantee"),
whose mailing address is1500 Solana Blvd., Building 7, Suite 7200, Westlake,Texas 76262,the
receipt and sufficiency of which consideration are hereby acknowledged and confessed by
Grantor, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does
GRANT, BARGAIN, SELL, and CONVEY, unto Grantee, certain real property described on
Exhibit A attached hereto and made a part hereof for all purposes, together with any and all
appurtenances, rights and privileges directly benefiting, directly belonging or directly pertaining
to such real property, (collectively,the "Property").
This Special Warranty Deed (this "Deed") is expressly made subject to the conditions,
restrictions,reservations and easements of record affecting all or any part of the Property and the
conservation area easement restrictions, terms and conditions described on Exhibit B attached
hereto (collectively, the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging, unto Grantee, Grantee's heirs, successors, and
assigns, forever; and Grantor does hereby bind Grantor, Grantor's heirs, successors, and legal
representatives, except for the Permitted Exceptions, to WARRANT and FOREVER DEFEND
all and singular the Property unto Grantee, Grantee's heirs,successors,and assigns,against every
person whomsoever lawfully claiming or to claim the same or any part thereof by, through or
under Grantor, but not otherwise.
GRANTEE, BY ACCEPTANCE OF THIS DEED, ACKNOWLEDGES THAT IT HAS
INSPECTED AND ASSESSED THE PROPERTY AND HAS SATISFIED ITSELF AS TO
THE CONDITION OF SAME AND THAT IT ACCEPTS THE PROPERTY "AS IS" AND
"WHERE IS" AND WITH ALL FAULTS, WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, BY OPERATION OF LAW OR
Resolution 19-16
Page 1 of 6
OTHERWISE, INCLUDING, WITHOUT LIMITATION, WITHOUT IMPLIED
WARRANTY AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR FITNESS FOR ANY PURPOSE.
Grantor hereby retains and reserves,for Grantor and its successors and assigns forever, any
oil, gas or other minerals in, on or under the Property ("Minerals") (but not any water rights);
provided, however, Grantor waives and releases, on behalf of Grantor and Grantor's successors
and assigns, all rights of ingress and egress and all other rights of every kind and character
whatsoever to enter upon or to use the surface of the Property or any part thereof for any reason,
including, without limitation, the right to enter upon the surface of the Property for purposes of
exploring for, seismic testing, developing, drilling, and/or producing the Minerals in and under,
and that may be produced from, the Property, or any other purpose incident thereto (with the
foregoing being Grantor's "Surface Waiver" for the Property); provided further, however,
nothing herein shall prevent Grantor or its successors and assigns from exploring for,developing,
and/or producing the Minerals in and under the Property by pooling or by directional drilling,
which enters or bottoms at least 500 feet under the surface of the Property,from well sites located
on other property so long as such production activities for the Minerals do not impair the lateral
or subjacent support of the surface of the Property or otherwise interfere with or impair Grantee's
use, enjoyment, and ability to develop the Property. Any party under a future deed conveying
Minerals and/or any future lease of the Minerals (a"Future Party") shall be bound by (and the
instrument conveying such rights shall be deemed to contain)the following: (i)such Future Party
shall be bound by the foregoing Surface Waiver and limitations on the Minerals and (ii) the
Grantee hereunder or any subsequent owner of the surface of the Property shall have the right to
pursue directly against the Future Party any and all claims for damage or injury to the surface of
the Property.
Grantor warrants payment of all ad valorem taxes on the Property through calendar year
2019. Such taxes for the current year have been prorated as of the date of delivery hereof and
Grantee assumes and agrees to pay such ad valorem taxes in full, prior to the time the same
become delinquent.
[remainder of page intentionally left blank;
signature page follows]
Resolution 19-16
Page 2 of 6
EXECUTED on the date of the acknowledgment set forth below, to be effective for all
purposes as of March Z Le, 2019.
WILBOW-SOLANA LLC,
a Texas limited liability compan
By: LPL.
Name: Lawrence Corson
Title: Co-President
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of March 2019, by
Lawrence Corson, Co-President of WILBOW-SOLANA LLC, a Texas limited liability company,
on behalf of said limited liability company.
Notar, ublic in a for the
State of exas
°'Pg NOTARy Jennifer
PU13LIC
M 13084306-0
Printed or Typed Name of Notary
OF5fia� rutdte Of Texas
Comm.Exp.09-29-2020
My Com?i ionExpires:
Resolution 19-16
Page 3 of 6
EXHIBIT A
Property
(to be attached)
Resolution 19-16
Page 4 of 6
BEING a tract of land situated in the C.M. Throop Survey, Abstract No.1510, Town of Westlake,
Tarrant County, Texas and being a portion of a called 62.531-acre tract of land described in
Special Warranty Deed to Wilbow-Solana, LLC, recorded in Instrument No. D218098018,
Official Public Records, Tarrant County, Texas, as shown as the Vacated Portion on the Final
Plat Showing a Vacating Plat Removing 62.531 Acre Portion of Lot 1, Block 3,
Westlake/Southlake Park Addition No. 1 and Replatting the Remaining 12.679 Acres as Lot 1 R,
Block 3, Westlake/Southlake Park Addition No. 1, recorded in Instrument No. D218095233, Plat
Records, Tarrant County, Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at a 5/8-inch iron rod found for the southwest corner of said 62.531-acre tract,
common to the easternmost southeast corner of Granada, Phase 1, an Addition to the Town of
Westlake according to the Final Plat thereof, recorded in Instrument No. D215003584, said Plat
Records, same being on the northerly line of Glenwyck Farms, an Addition to the Town of
Westlake according to the Amended Plat thereof, recorded in Cabinet A, Slide 5814, said Plat
Records;
THENCE North 0°33'05"West, along the west line of said 62.531-acre tract and the east line of
said Granada, Phase 1, a distance of 1328.88 feet to a point at the beginning of a non-tangent
curve to the left having a central angle of 13°58'33", a radius of 953.00 feet, a chord bearing and
distance of South 40051'27" East, 231.89 feet;
THENCE departing the west line of said 62.531-acre tract and the east line of said Granada,
Phase 1, and crossing said 62.531-acre tract the following courses and distances:
In a southeasterly direction, with said curve to the left, an arc distance of 232.46 feet to a
point for the end of said curve to the left;
South 0033'05" East, a distance of 781.17 feet to a point for corner;
North 89026'55" East, a distance of 108.91 feet to a point at the beginning of a non-tangent
curve to the left having a central angle of 148033'25", a radius of 67.00 feet, a chord bearing
and distance of South 58°26'55" East, 128.99 feet;
In a southeasterly direction, with said curve to the left, an arc distance of 173.72 feet to a
point at the beginning of a non-tangent compound curve to the left having a central angle of
40°43'30", a radius of 260.00 feet, a chord bearing and distance of North 57015'53" East,
180.94 feet;
In a northeasterly direction, with said curve to the left, an arc distance of 184.80 feet to a
point for the end of said curve to the left;
South 53005'52" East, a distance of 37.98 feet to a point for corner;
North 89027'49" East, a distance of 76.77 feet to a point for corner;
North 0'32'11"West, a distance of 25.00 feet to a point for corner;
North 89027'49" East, a distance of 210.00 feet to a point for corner;
North 0'32'11"West, a distance of 85.00 feet to a point for corner;
North 89027'49" East, a distance of 83.97 feet to a point at the beginning of a tangent curve
to the right having a central angle of 33052'04", a radius of 210.00 feet, a chord bearing and
distance of South 73036'09" East, 122.33 feet;
In a southeasterly direction, with said curve to the right, an arc distance of 124.13 feet to a
point at the beginning of a reverse curve to the left having a central angle of 16033'03", a
radius of 290.00 feet, a chord bearing and distance of South 64056'38" East, 83.48 feet;
In a southeasterly direction, with said curve to the left, an arc distance of 83.77 feet to a point
at the beginning of a non-tangent compound curve to the left having a central angle of
84°53'04", a radius of 67.00 feet, a chord bearing and distance of South 87037'34" East,
90.43 feet;
In a southeasterly direction, with said curve to the left, an arc distance of 99.26 feet to a point
for the end of said curve to the left;
South 40°04'06" East, a distance of 9.10 feet to a point for corner;
South 20050'23" East, a distance of 52.77 feet to a point for corner;
North 69°09'37" East, a distance of 144.80 feet to a point for corner;
North 13040'57" East, a distance of 37.04 feet to a point for corner;
South 78°30'39" East, a distance of 88.08 feet to a point for corner;
South 85037'09" East, a distance of 188.57 feet to a point for corner;
North 89001'11" East, a distance of 195.00 feet to a point for corner;
South 0°58'49" East, a distance of 300.00 feet to a point for corner;
North 89001'11" East, a distance of 107.69 feet to a point for corner;
South 0058'49" East a distance of 2.92 feet to a point at the beginning of a non-tangent curve
to the left having a central angle of 159055'46", a radius of 67.00 feet, a chord bearing and
distance of South 4009'29" East, 131.95 feet;
In a southeasterly direction, with said curve to the left, an arc distance of 187.02 feet to a
point for the end of said curve to the left;
South 0058'49" East, a distance of 169.53 feet to a point for corner;
South 77'35'15" East, a distance of 190.17 feet to a point for corner;
South 0°58'49" East, a distance of 218.79 feet to a point for corner on the southerly line of
said 62.531-acre tract, same being on the north line of Lot 2, Block 1, Dove Addition, an
Addition to the Town of Westlake according to the Final Plat thereof, recorded in Cabinet A,
Slide 6965, said Plat Records;
THENCE South 89001'11"West, along the southerly line of said 62.531-acre tract and the north
line of said Lot 2 and along the easterly line of said Glenwyck Farms, a distance of 381.49 feet
to a metal fence corner post found for corner;
THENCE North 0020'11" East, continuing along the southerly line of said 62.531-acre tract and
the easterly line of said Glenwyck Farms, a distance of 460.52 feet to a 5/8-inch iron rod with
plastic cap stamped "PBS&J" found for the northernmost northeast corner of said Glenwyck
Farms;
THENCE South 89029'54" West, continuing along the southerly line of said 62.531-acre tract
and the north line of said Glynwyck Farms, a distance of 1774.99 feet to the POINT OF
BEGINNING and containing 22.892 acres (997,192 sq. ft.) of land, more or less.
LEGEND — — I Z F
SO�-J °58'49"E Q ci
E�
P.O.B.=POINT OF BEGINNING 218.79 v �
S77°35'15"E a°'
IRFC=IRON ROD W/CAP FOUND `SR IRFC Lu
IPF=IRON PIPE FOUND HUI TzoLURs SO°58'49"E 190.17' 00CY) oo ILLP.R.D.C.T.=PLAT RECORDS, 2.92' e
TARRANT COUNTY,TEXAS J
N89°01'11"E
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS, I 107.69' C7 SO°58'49"E o a
m
169.53'
TARRANT COUNTY,TEXAS N z
NOTES I N89°01'11"E SO°58'49"E
NO°20'11"E 460.52'
1'IRF
195.00' 300.00' 5/PB�RRFC W IRF' SIB'IRF METAL
Bearing system based on the I FENCE
SYB'IRFC CORNER
Texas Coordinate System of 1983, PBS,, 14 15 POST FND.
North Central Zone(4202),North
American Datum of 1983. S85°37'09'E
See SHEET 2 for Curve Table. O o I 188.57' PORTION OF 13
x
Q T ti• CALLED 62.531 ACRES F—
I S78°30'39"E WILBOW-SOLANA LLC w
W a INST.NO.D218098018 0
JJ 88.08'
r� O.P.R.T.C_T. S1B•IRFC
Co Q.a° N13°40'57"E PBSfl 12
2�0 37.04' N69°09'37"E o 150 300
S 3 F 144.80'
O J�I HUITTZOLLARS' S40°04'06"C 51B'IRFC
co'�� 9.10, S20°50'23"E •PBS&X I GRAPHIC SCALE IN FEET
C6 52.77' 11
rn I Lu
C5 v
10 RFC ti `510'IRFC
'HUITTZOLLARS' U� 22.892 ACRES PB58J p� 10 p
997,192 SQ. FT. w
N89°27'49"E oT m
83.97' � WB'IRFC Z
CO 'PBSflJ' t1.1
12•IRFC 9 Y
HUITT
ZOLLARS' NO°32'11"W N89°27'49"E 0
WITT ZOLLARS' 85.00' 210.00' m
NO°32'11"W 5/8'1 FC
PBSBJ•
25.00' 8 BLOCK B
GLEN WYCK FARMS
N89°27'49"E 518'IRFC CABINET A,SLIDE5814
PBSBJ'
P.R.T.C.T.
/ 76.77' S53°05'52"E
37.98'
6
n 5/B•IRF
V 5IB'IRFC
'PBSflJ'
IRFC
/'Zr�ZOLLARS-/ SO°33'05"E 781.17' N89°26'55"E 4 s
108.91,
ll2'IRFC 3
'HUITT !•^
20L AR5' G ��-fi0E NAIL FN.
12'IRFC'G8A r, 1I2'IRFC'Gfl P.O.B.
12'IRF CONSULTANTS' NO°33'05"W 1328.88' CONSULTANTS' 518•IRF
BSx 2'IRFC'GBA 85X 2 1
N0°33'05"W CONSULTANTS' _ 51B'IRFC
146.26'
N s\u�7 81 -
79 78
'PBS6J'
82 I
LO K AGRA DA,PHASE 1 77'Gda
3 COcANT .NO.D215003584,O.P.R.T.C.T.
22.892 ACRES
C.M. THROOP SURVEY, A-1510
TOWN OF WESTLAKE
TARRANT COUNTY, TEXAS
KirnkeloO Horn
5750 Genesis Court, Suite 200 Tel.No.(972)335-3580
Frisco,Texas 75034 FIRM 11 10193822 Fax No.(972)335-3779
Scale I Drawn by I Checked by I Date Protect No. I Sheet No.
1"=300' JMH KHA 01/10/2019 1 067125008 1 OF 2
HOEFNER,JOHN 1/10/2019 4:44 PM K:\FRI_SURVEY\067125008-WILBOW WESTLAKE\DWG\067125008 CONSERVATION ESMT TRACT.DWG
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
C1 13°58'33" 953.00' 232.46' S40°51'27"E 231.89'
C2 148`33'25" 67.00' 173.72' S58°26'55"E 128.99'
C3 40°43'30" 260.00' 184.80' N57°15'53"E 180.94'
C4 33-52-04" 210.00' 124.13' N73°36'09"W 122.33'
C5 16°33'03" 290.00' 83.77' S64°56'38"E 83.48'
C6 84°53'04" 67.00' 99.26' S87°37'34"E 90.43'
C7 159°55'46" 67.00' 187.02' SO4°09'29"E 131.95'
22.892 ACRES
C.M. THROOP SURVEY, A-1510
TOWN OF WESTLAKE
TARRANT COUNTY, TEXAS
Kimley))) Horn
5750 Genesis Court, Suite 200 Tel.No.(972)335-3580
Frisco,Texas 75034 FIRM 4 10193B22 Fax No.(972)335-3779
Scale I Drawn bV I Checked by Dale Proiect No. Sheet No.
JMH KHA 01/10/2019 067125008 2 OF 2
HOEFNER,JOHN 1/10120194:44 PM K:\FRI—SURVEY\067125008-WILBOW WESTLAKE\DWG\067125008 CONSERVATION ESMTTRACT.DWG
EXHIBIT B
Conservation Area Conditions
RECITALS
A. WHEREAS, the property described in Exhibit"A", hereafter referred to as"The Property" is hereby
conveyed to the Town of Westlake,Texas, a municipal government, for the purpose of conserving the
land in its natural state;
B. WHEREAS, Ordinance 846, approved by the Town Council of Westlake, Texas on February 26,2018
requires the dedication of The Property to the Town of Westlake,to preserve natural open space, for use
as a conservation area.
C. WHEREAS, The Property is in a substantially undisturbed natural and open space condition and
exhibits natural, scenic, and open space features of great importance to the residents of Westlake and the
people of the region;
D. WHEREAS, The Property is largely forested with native vegetation that is characteristic of the native
cross-timbers forests that once dominated large portions of the region prior to farming and subsequent
urban and suburban development;
E. WHEREAS, as a relatively unblemished remnant of the ancient cross-timbers forests that once
flourished in the region, The Property is further unique in that it is largely an upland forest located atop
a knoll;
F. WHEREAS, the protection of the natural, scenic, open-space, and ecology of The Property will help to
sustain natural aesthetic and ecological integrity of the region and the plant and wildlife dependent on it.
NOW, THEREFORE, in consideration of the premises recited above,the Grantor of The Property
hereby conveys The Property to the Grantee to be utilized and designated into perpetuity as such, subject to
the terms and conditions provided below:
1. The Property shall be maintained forever in its predominately natural, scenic, and open-space
condition.
2. Restrictions. Performance of the following uses and activities are hereby restricted and prohibited
on The Property:
a. Altering the surface or general topography of The Property, including but not limited to any
alterations to habitat, excavating, mining, drilling, natural resource extraction, removal of
topsoil, building roads or trails, paving or otherwise covering The Property with concrete,
asphalt or any other impervious material; and
b. Construction or placing of any building or structure on The Property; and
C. Removing, destroying, or cutting of trees, shrubs or other vegetation on The Property,
except as required for(i)fire breaks, (ii)prevention or treatment of disease, (iii)removal of
fallen trees, limbs, or other hazards, or(iv)construction and maintenance of adjacent public
utilities, infrastructure and retaining walls supporting said infrastructure; and
Resolution 19-16
Page 5 of 6
d. Impounding on The Property any natural water course or body of water or making
alterations on The Property to any natural water course or body of water located on The
Property; and
e. Dumping or storage of materials,vegetation and/or waste of any kind and burial of any
deceased animal or human being; and
f. Operation of any motorized and human powered transportation device including bicycles,
scooters, skateboards, etc. This restriction shall not apply to a device utilized by a disabled
person for primary mobility purposes; and
g. Burning of any fires including but not limited to campfires, grilling,torches, candles,
matches, burning of trash, etc.; and
h. Consumption of drugs, alcohol and/or any other controlled substance on The Property; and
i. Any activity deemed illegal criminal activity under the laws of the State of Texas and/or the
United States; and
j. Any acts detrimental to the natural and ecological integrity of The Property including the
operation of an internal combustion engine, hunting or other wildlife disturbance, camping,
any activity that involves accessing the property during nighttime hours.
3. Rights of The Property Owner. The Property owner, The Town of Westlake, shall have the
following rights with regard to The Property:
a. The right to restore damage caused by natural disasters such as flooding, tornados,and fire,
and to restore soil levels and contours resulting from such disasters;
b. The right to engage in the selective cutting and trimming of trees, clearing of vegetation,
and mowing for the purpose of habitat enhancement and protection, fire protection, or
otherwise to preserve and maintain the present condition of The Property; and
C. The right to prevent any activity on or use of The Property that is inconsistent with the
purpose and reservations herein and to require the restoration of such areas or features of
The Property that may be damaged by any entity or individual; and
d. The right to manage and restrict access to the public such that the natural and ecological
integrity of The Property is maintained; and
e. The right to access The Property at all times.
4. Rights of The Public. The general public shall have the following rights with regard to The
Property:
a. Access to The Property through designated access points upon receiving express
permission from the Town of Westlake.
5. Term. The foregoing conditions and restrictions shall run with the land in perpetuity and be
binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers
and users of The Property.
Resolution 19-16
Page 6 of 6