HomeMy WebLinkAboutOrd 527 Disannexing 18.103 acres Willowbend AIL HCA Tract of landTOWN OF WESTLAKE
ORDINANCE NO. 527
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS DISANNEXING
APPROXIMATELY 18.103 ACRES OF THE RICHARD EADS SURVEY,
ABSTRACT NO. 393, AND BEING A PORTION OF TRACT 2 OF THAT TRACT
OF LAND DESCRIBED BY DEED TO AIL/WILLOWBEND, LTD., A TEXAS
LIMITED PARTNERSHIP, IN CLERK'S FILING NO. 93-R0075228, COUNTY
RECORDS, DENTON COUNTY, TEXAS, FROM THE TOWN LIMITS OF THE
TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION 43.144 OF THE
TEXAS LOCAL GOVERNMENT CODE; AND RELEASING THE
EXTRATERRITORIAL JURISDICTION PURSUANT TO SECTION 42.023 OF
THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Section 43.144 of the Texas Local Government
Code, the Board of Aldermen of the Town of Westlake, Texas, desire to disannex
approximately 18.103 acres of the Richard Eads Survey, Abstract No. 393, and being a
portion of Tract 2 of that tract of land described by Deed to AIL/Willowbend, Ltd., a
Texas limited partnership, in Clerk's Filing No. 93-R0075228, County Records, Denton
County, Texas, from the Town Limits of the Town of Westlake, Texas; and
WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code,
the Board of Aldermen of the Town of Westlake, Texas desire to release the property
from the Town's extraterritorial jurisdiction; and
WHEREAS, the Property consists of at least ten (10) acres; and
WHEREAS, the Property is contiguous to the current Town Limits of the TOWN
OF WESTLAKE, Texas; and
WHEREAS, the Property is uninhabited or contains fewer than one occupied
residence or business structure for every two acres and fewer than three occupied
residences of business structures on any one acre; and
WHEREAS, all of the provisions of state law including, but not limited to,
Sections 43.144 and 42.023 of the Texas Local Government Code have hereby been met.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance in their entirety.
Section 2. That the Property shown on attached Exhibit "A" shall hereby be
disannexed from the Town Limits of the Town of Westlake, Texas. Further, the Town of
Westlake, Texas, hereby releases the Property from the Town's extraterritorial
jurisdiction.
Section 3. That the terms and provisions of this Ordinance shall be deemed to
be severable and that if the validity of any section, subsection, sentence, clause or phrase
of this Ordinance 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
Ordinance.
Section 4. This Ordinance 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 (the "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 AIL Investment, 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 Ordinance shall automatically
be deemed null and void from and after the Termination Date for all purposes.
PASSED AND APPROVED BY THF BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, ON THIS 23 DAY OF JULY 2007.
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Scott Bradley, Mayor
(SEAL)
ATTEST:
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Sutter, TRMC, Town Secretary
Exhibit A to HCA Tract Disannexation Ordinance
Legal Description of HCA Tract
BEING a tract of land situated in the Richard Eads Survey Abstract Number 393, and
being a portion of Tract 2 of that tract of land described by deed to AIL/Willow Bend,
LTD, a Texas Limited Partnership in clerk's filing number 93-R0075228, County
Records, Denton County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at the northwest corner of said tract, said point being in Dallas Drive;
THENCE N 89 degrees 53 minutes 16 seconds E, 608.94 feet (previously recorded as N
89 degrees 52 minutes 37 seconds E, 609.14 feet) to a 518 inch iron rod with yellow
plastic cap stamped "CARTER & BURGESS" set in the west right-of-way line State
Highway 114, said point also being the beginning of a curve to the left;
THENCE 762.45 feet along the are of said curve to the left and along said right-of-way,
through a central angle of 15 degrees 08 minutes 36 seconds, and having a radius of
2,884.80 feet, the long chord bears S 44 degrees 08 minutes 38 seconds E, 760.24 feet to
a State Highway Department monument found;
THENCE S 08 degrees 35 minutes 29 seconds W, 69.38 feet (previously recorded as S
O8 degrees 35 minutes 39 seconds W, 69.39 feet) to a State Highway Department
monument found in the north right-of-way line of State Highway 170, said point being
the beginning of a curve to the left;
THENCE 466.45 feet along the are of said curve to the left, and along said right-of-way,
through a central angle of 11 degrees 33 minutes 37 seconds, and having a radius of
2311.83 feet, and a long chord bears S 63 degrees 05 minutes 43 seconds W, 465.66 feet
to a State Highway Department monument found; said point also the beginning of a curve
to the left;
THENCE 418.37 feet along the are of said curve to the left, and continuing along said
right-of-way, through a central angle of 6 degrees 14 minutes 34 seconds, having a radius
of 3839.72 feet, and a long chord that bears S 54 degrees 11 minutes 37 seconds W,
418.16 feet to a 518 inch iron rod with yellow cap stamped "CARTER & BURGESS" set;
THENCE N 90 degrees 00 minutes 00 seconds W, 372.81 feet to a 5/8 inch iron rod with
yellow cap stamped "CARTER & BURGESS" set in the west line of Tract 2;
THENCE N 00 degrees 00 minutes 28 seconds E (previously recorded as N 0 degrees 15
minutes 46 seconds W), 832.73 feet with the west line of Tract 2 to a 1/2 inch iron rod
found;
THENCE S 86 degrees 18 minutes 21 seconds E (previously recorded as S 86 degrees 27
minutes 17 seconds E), 145.97 feet Co a 1/2 inch iron rod found;
THENCE N 03 degrees 14 minutes 15 seconds E, 57.15 feet (previously recorded as N
03 degrees 52 minutes 08 seconds E, 57.06 fecf) to a 518 inch iron rod with yellow cap
stamped "CARTER & BURGESS" set;
THENCE N 83 degrees 34 minutes 34 seconds E, 168.59 feet (previously recorded as N
83 degrees 15 minutes 05 seconds E, 168.19 feet) to 518 inch iron rod found;
THENCE N 00 degrees 06 minutes 42 seconds W (previously recorded as N 00 degrees
06 minutes 55 seconds W), 144.37 feet to a 1/2 inch iron rod with red cap stamped
"RPLS #2912" found;
THENCE S 89 degrees 53 minutes 18 seconds W, 317.25 feet (previously recorded as S
89 degrees 39 minutes 31 seconds W, 317.37 feet) to a 112 inch iron rod with red cap
stamped "RPLS #2912" found;
THENCE N 00 degrees 18 minutes 40 seconds E, 25.32 feet (previously recorded as N
00 degrees 20 minutes 29 seconds W, 25.00 feet) to a found railroad spike and the
POINT OF BEGINNING and containing 804,223 square feet or 18.462 acres of land, less
15,659 square feet in Dallas Drive leaving a net of 788,564 square feet or 18.103 acres of
land, more or less.
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Recorded On: February 15, 2008
Parties: BRADLEY SCOTT
To
Comment:
Ordinance 27.00
Total Recording: 27.00
W V114V11 VVY111'y
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2008-16303
As
Ordinance
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Billable Pages: 5
Number of Pages: 5
DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2008-16303
Receipt Number: 459216 TOWN OF WESTLAKE
Recorded Date/Time: February 15, 2008 03:31:58P 3 VILLAGE CIRCLE
STE 202
User 1 Station: A Mcelroy - Cash Station 1 WESTLAKE TX 76262
THE STATE OF TEXAS)
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COUNTY OF DENTON }
Instrument FILED in File Number the dateltime
a
I hereby certify that this was the sequence on
printed heron, and was duty RECORDED in the official Records of Denton County, Texas.
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County Clerk
Denton County, Texas