HomeMy WebLinkAboutRes 07-46 Accepting a Petition Requesting an Annexation From AIL InvestmentsRESOLUTION NO. 07-46
A RESOLUTION OF THE TOWN OF %'FSTLAKE, TEXAS, ACCEPTING A
PETITION REQUESTING ANNEXATION PURSUANT TO SECTION 43.028 OF
THE TEXAS LOCAL GOVERNMENT CODE, FROM THE PROPERTY
OWNER AIL INVESTMENTS, L.P. OF PROPERTY GENERALLY DESCRIBED
AS APPROXIMATELY 1.314 ACRES SITUATED IN THE M.E.F. AND P.R.R.
CO. SURVEY, ABSTRACT NO. 923, AND THE J. BACON SURVEY,
ABSTRACT NO. 1565, TOWN OF WESTLAKE, DENTON COUNTY, TEXAS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 43.028 of the Texas Local Government Code authorizes
owners of real property to petition municipalities for annexation; and
WHEREAS, AIL Investments, L.P., (the "Owner") has filed a petition (the
"Petition") with the Town of Westlake, Texas, requesting annexation of property
generally described as approximately 1.314 acres situated in the M.E.P. and F.R.R. Co.
Survey, Abstract No. 923, and the J. Bacon Survey, Abstract No. 1565, Town of
Westlake, Denton County, Texas (the "Property"); and
WHEREAS, all the provisions of state law, including but not limited to, Sections
43.028 of the Texas Local Government Code have hereby been met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
Section 1. That all of the above findings are hereby found to be true and
correct and are incorporated into the body of this Resolution in their entirety.
Section 2. That the Petition to consider annexation on the Property filed by
the Owner, as shown on attached Exhibit "A", is hereby approved.
Section 3.. That the terms and provisions of this Resolution shall be deemed to
be severable and that if the validity of any section, subsection, sentence, clause or phrase
of this Resolution should be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity of any other section, subsection, sentence, clause or phrase of this
Resolution.
Section 4. This Resolution contemplates the full and final satisfaction of
those certain "Conditions", as defined in Section 10. a. of that certain Master Agreement
regarding boundary adjustment and other matters ("Master Agreement") by and among
the Town of Westlake, Texas, the City of Roanoke. Texas, 170 Retail Associates, Ltd.,
HCA Health Services of Texas, Inc., and IAL Investments, L.P. Notwithstanding
anything to the contrary, if such "Conditions" set forth in Section 10. a. of the Master
Agreement have not been fully and finally satisfied by the "Termination Date", as
defined in Section 10. b. of the Master Agreement, then this Resolution shall
automatically be deemed null and void from and after the Termination Date for all
purposes.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, ON THIS 23rd DAY OF JULY 2007.
ATTEST:
By:
4im Sutter, TRMC, Town Secretary
APPROVED AS.,TQ FO
Towa,/Attorney
APPROVED:
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PETITION AND AFFIDAVIT OF L. RUSSELL LAUGHLIN.
ON BEHALF OF AIL INVESTMENTS, L.P. FOR
ANNEXATION PURSUANT TO SECTION 43.0211
OF THE TEXAS LOCAL GOVERNMENT CODE
THE STATE OF TEXAS §
COUNTY OF DENTON §
TO THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, A TYPE A GENERAL LAW MUNICIPALITY IN AND FOR THE STATE OF
TEXAS:
I, the undersigned, L. Russell Laughlin, having been duly sworn depose as follows:
1. "My name is L. Russell Laughlin. I am over the age of eighteen, have never been
convicted of a felony, and am of sound mind, full} capable of making this petition and affidavit
and personally acquainted with the facts herein stated:
2. 1 am the Senior Vice President of Hillwood Alliance GP, LLC, general partner of
Hillwood Alliance Management, L.P., general partner of AIL Investments, L.P., owner of a
parcel of land known as approximately 1.314 acres situated in the M.E.P. & P.R.R. Co. Survey,
Abstract No. 923 and the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton
County, Texas, and further described in the attached Exhibit A (hereinafter the "Proyerty'). To
the best of my actual knowledge, 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 is vacant and without residents or on which fewer than three (3)
qualified voters reside.
3. As the duly authorized representative of the Property, I hereby petition the Board
of Aldermen, on behalf of the property owner, to extend the present Town municipal boundaries
so as to include the Property as part of the Town for all purposes. By filing this Petition and
Affidavit with the Mayor of the Town of Westlake, in care of the Town Manager of the Town of
Westlake, I certify my desire, on behalf of the property owner, that the Property be annexed by
the Town of Westlake in accordance with Section 43.028 of the Texas Local Government Code.
4. I further affirm that I have the full authorization to execute this Petition and
Affidavit on behalf of the property owner.
WITNESS MY HAND this day of
AIL INVESTMENT, L.P.,
a Texas limited partnership
By: Hillwood Alliance Management, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Alliance GP, LLC,
a Texas limited liability company,
its general partner
By:
Na+R4uss�hjin
Title: Senior Vice President
Date: -(0 - a 6-0 7�
THE STATE OF TEXAS
COUNTY OF TARRANT
2047.
The foregoing instrument was acknowledged before me on n2�) , 2007, by L.
Russell Laughlin, Senior Vice President of Hillwood Alliance GP, LLC, a Texas limited liability
company, on behalf of said limited liability company, in its capacity as general partner of
Hillwood Alliance Management, L.P., a Texas limited partnership, on behalf of said limited
partnership, in its capacity as general partner of AIL Investment, L.P., a Texas limited
partnership, on behalf of said limited partnership.
,.r�`a;"r'"'•a. LORI L. BOWLING "
L�
Notary Pullhc. State of Texas Notary Public, State of Texas
My Commission Expires
October 17, 2007
Exhibit A to Petition for Annexation
Legal Description of AIL Tract
BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and the J.
Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and being a
portion of that tract of land as described by deed to AIL Investment, L.P. and recorded in
Volume 4116, Page 183, Real Property Records of Denton County and in Volume 13275, Page
542, Deed Records of Tarrant County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
COMMENCING at a railroad spike found at the southeast corner of Town of Roanoke tract as
recorded in Volume 13368, Page 505, Deed Records of Tarrant County and Volume 4184, Page
725, Real Property Records of Denton County, Texas, being a corner in the westerly line of
170 Retail Associates, Ltd. tract as recorded in Count, Clerk's filing No. 2005-136073 (Denton
County) and No. D205325970 (Tarrant County);
THENCE N 89054'34"E, 1658.19 feet to the POINT OF BEGINNING in the southerly right-
of-way line of State Highway 170 (variable width right-of-way);
THENCE N 34039'39"E, 368.29 feet along said southerly right-of-way line;
THENCE S 7504P23"E, 65.50 feet, leaving said southerly right-of-way line;
THENCE N 89052'23"E, 19.84 feet;
THENCE S 00039'46"E, 291.06 feet;
THENCE N 89°10'35"W, 296.16 feet to the POINT OF BEGINNING and containing
57232.9279 square feet or 1.314 acres of land more or less.