HomeMy WebLinkAboutOrd 574 Annexing 48.293 acres in the MEP and PRR A923 Denton JBacon A1565 DentonORDINANCE NO. 574
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS
ANNEXING APPROXIMATELY 48.293 ACRES OF THE M.E.P. &
P.R.R. CO. SURVEY, ABSTRACT NO. 923, DENTON COUNTY,
TEXAS, AND THE J. BACON SURVEY, ABSTRACT NO. 1565,
DENTON COUNTY, TEXAS, INTO THE TOWN LIMITS OF THE
TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION
43.028 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the property owner of approximately 48.293 acres of the M.E.P.
P.R.R. Co_ Survey, Abstract No. 923, Denton County, Texas, and the J. Bacon Survey,
Abstract No. 1565, Denton County, Texas, have petitioned the Town of Westlake to
annex the property as shown on attached Exhibit "A", (hereinafter the "Property"); and
WHEREAS, the petition by the property owner is attached as Exhibit "B"
(hereinafter the "Petition"); and
WHEREAS, the Property is one-half mile or less in width; and
WHEREAS, the Property is contiguous to the current Town Limits of the TOWN
OF WESTLAKE, Texas; and
WHEREAS, the Property is vacant and without residence or on which fewer than
three qualified voters reside; and
WHEREAS, the Petition has previously been received and approved by the
Board of Aldermen of the Town of Westlake; and
WHEREAS, all of the provisions of state law including, but not limited to,
Section 43.028 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
annexed into the Town Limits of the Town of Westlake, Texas, for full municipal
purposes.
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 fially and finally= satisfied by the "Termination Date" as
defined in Section 1 O.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 THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE. TEXAS, ON TH!S 24 DAY OF SEPTEMBER 2007.
APPROVED.
Scott Bradl y, Mayor
(SEAL)
ATTEST
�f
r
r-
im utter, Town Secretary,
ti Bole-LowrylWest Lakelwl-aereernentslwl-ord annex 48.293 acres.doc
Exhibit "A" to Westlake Annexation Ordinance for the 170RA Tract
Description of the 170RA 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 170 Retail Associates, Ltd.
(Tract 1) and recorded in County Clerk's filing No. 2005-136073, Real Property
Records of Denton County, Texas and No. D205325970, Deed Records of Tarrant
County, Texas, said tract of land being more particularly described by metes and -
bounds as follows:
BEGINNING 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, said point
being a corner in the westerly line of said 170 Retail Associates, Ltd_ Tract 1;
THENCE along the westerly line and the northerly line of said 170 Retail Associates,
Ltd. Tract 1, the following bearings and distances:
N 00°30'24"W, 622.63 feet to a corner post found;
N 70056'02"W, 336.45 feet to a 518 inch iron rod found;
N 23024'56"E, 561.73 feet to a 318 inch iron rod found;
S 84°48'34"E, 449.59 feet to a 318 inch iron rod found;
N 00°15'39"W, 40.52 feet to a corner post found in the southerly line of
Bluebonnet Addition, an addition to the Town of Roanoke as recorded in
Volume 343, Page 447, said Denton County Records;
N 89"18'19"E, 1592.25 feet along said southerly line to a railroad spike found;
THENCE S 00°40'31 "E, 102.86 feet to a point in the northerly right-of-way line of State
Highway 170 (variable width right-of-way);
THENCE along the northerly right-of-way line of said State Highway 170, the following
bearings and distances:
S 88-53'25"W, 26.82 feet to a 518 inch iron rod found;
S 03°21'04"W, 16525 feet to a Texas Department of Transportation Brass Disk in
concrete (TXDOT Mon.) found;
S 3902751 "W, 1229.12 feet to a TXDOT Mon. found, the beginning of a curve to
the left;
62.27 feet along the arc of said curve to the left, through a central angle of
00°18'39", a radius of 11479.16 feet and a long chord of S 39°18'32"W, 62.27
feet
THENCE S 89°54'34"W, 1083.49 feet, leaving said northerly right-of-way line to the
POINT OF BEGINNING and containing 48.293 acres of land, more or less.
Exhibit "B" to Westlake Annexation Ordinance for the 170RA Tract
PETITION AND AFFIDAVIT OF
ON BEHALF OF 170 RETAIL ASSOCIATES, LTD. FOR
ANNEXATION PURSUANT TO SECTION 43.028 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, , having been duly
sworn depose as follows:
1. "My name is
I am over the age of
eighteen, have never been convicted of a felony, and am of sound mind, fully capable of
making this petition and affidavit and personally acquainted with the facts herein stated:
2. 1 am the Title of General Growth 170 (GP), LLC, general
partner of General Growth 170, L.P., general partner of 170 Retail Associates, Ltd.,
owner of a parcel of land known as approximately 48.293 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 "Property"). 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, 1 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. 1 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 32007.
170 DETAIL ASSOCIATES, LTD.,
a Texas limited partnership
By: General Growth 170, L.P.,
a Delaware limited partnership,
its general partner
By: General Growth 170 (GP), LLC,
a Delaware limited liability company,
its general partner
By:_
Name:
Title:
Date:
THE STATE OF §
COUNTY OF §
The foregoing instrument was acknowledged before me on , 2007,
by of General Growth 170 (GP), LLC,
a Delaware limited liability company, on behalf of said limited liability company, in its
capacity as general partner of General Growth 170, L.P., a Delaware limited partnership,
on behalf of said limited partnership, in its capacity as general partner of 170 Retail
Associates, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public, State of
Printed Name:
My commission expires:
By
TOWN OF WESTLAKE
3 VILLAGE CIR #202
ROANOKE TX 76262
Submitter: TOWN OF WESTLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 761960401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Regid(ration: 01114/2008 09:03 AM
#: D208013052
7 PGS $36.00
D208013052
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.
Printed by: CN
ORDINANCE NO. 574
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS
ANNEXING APPROXIMATELY 48.293 ACRES OF THE M.E.P. &
P.R.R. CO. SURVEY, ABSTRACT NO. 923, DENTON COUNTY,
TEXAS, AND THE J. BACON SURVEY, ABSTRACT NO. 1565,
DENTON COUNTY, TEXAS, INTO THE TOWN LIMITS OF THE
TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION
43.028 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the property owner of approximately 48.293 acres of the M.E.P. &
P.R.R. Co. Survey, Abstract No. 923, Denton County, Texas, and the J. Bacon Survey,
Abstract No. 1565, Denton County, Texas, have petitioned the Town of Westlake to
annex the property as shown on attached Exhibit "A", (hereinafter the "Property'); and
WHEREAS, the petition by the property owner is attached as Exhibit "B"
(hereinafter the "Petition"); and
WHEREAS, the Property is one-half mile or less in width; and
WHEREAS, the Property is contiguous to the current Town Limits of the TOWN
OF WESTLAKE, Texas; and
WHEREAS, the Property is vacant and without residence or on which fewer than
three qualified voters reside; and
WHEREAS, the Petition has previously been received and approved by the
Board of Aldermen of the Town of Westlake; and
WHEREAS, all of the provisions of state law including, but not limited to,
Section 43.028 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
annexed into the Town Limits of the Town of Westlake, Texas, for full municipal
purposes.
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 THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, ON TH1S 24 DAY OF SEPTEMBER 2007.
APPROVED:
Scott Bradt y, Mayor
(SEAL)
ATTEST
im,Kutter, Town Secretary
HABoyle-Lowry\West I.akelwl-a(,,reem nts\N l-ord annex 48.293 acres.doe
Exhibit "A" to Westlake Annexation Ordinance for the 170RA Tract
Description of the 170RA 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 170 Retail Associates, Ltd.
(Tract 1) and recorded in County Clerk's filing No. 2005-136073, Real Property
Records of Denton County, Texas and No. D205325970, Deed Records of Tarrant
County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
BEGINNING 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, said point
being a corner in the westerly- line of said 170 Retail Associates, Ltd. Tract 1;
THENCE along the westerly line and the northerly line of said 170 Retail Associates,
Ltd. Tract 1, the following bearings and distances:
N 00°30'24"W, 622.63 feet to a corner post found;
N 70056'02"W, 336.45 feet to a 5/8 inch iron rod found;
N 23°24'56"E, 561.73 feet to a 3/8 inch iron rod found;
S 84°48'34"E, 449.59 feet to a 3/8 inch iron rod found;
N 00°15'39"W, 40.52 feet to a corner post found in the southerly line of
Bluebonnet Addition, an addition to the Town of Roanoke as recorded in
Volume 343, Page 447, said Denton County Records;
N 89-18'19"E, 1592.25 feet along said southerly line to a railroad spike found;
THENCE S 00°40'31 "E, 102.86 feet to a point in the northerly right-of-way line of State
Highway 170 (variable width right-of-way);
THENCE along the northerly right-of-way line of said State Highway 170, the following
bearings and distances:
S 88°53'25"W, 26.82 feet to a 5/8 inch iron rod found;
S 03°21'04"W, 16525 feet to a Texas Department of Transportation Brass Disk in
concrete (TXDOT Mon.) found;
S 39°27'51 "W, 1229.12 feet to a TY -DOT Mon. found, the beginning of a curve to
the left;
62.27 feet along the arc of said curve to the left, through a central angle of
00°18'39", a radius of 11479.16 feet and a long chord of S 39018'32"W, 62.27
feet;
THENCE S 89°54'34"W, 1083.49 feet, leaving said northerly right-of-way line to the
POINT OF BEGINNING and containing 48.293 acres of land, more or less.
Exhibit "B" to Westlake Annexation Ordinance for the 170RA Tract
PETITION AND AFFIDAVIT OF
ON BEHALF OF 170 RETAIL ASSOCIATES LTD. FOR
ANNEXATION PURSUANT TO SECTION 43.028 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:
1. the undersigned;
sworn depose as follows:
1. "My name is
having been duly
I am over the age of
eighteen, have never been convicted of a felony, and am of sound mind, fully capable of
making this petition and affidavit and personally acquainted with the facts herein stated;
2. I am the [Title] of General Growth 170 (GP), LLC, general
partner of General Growth 170, L.P., general partner of 170 Retail Associates, Ltd.,
owner of a parcel of land known as approximately 48.293 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 "Property"). 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, 1 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. 1 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 , 2007.
170 RETAIL ASSOCIATES, LTD.,
a Texas limited partnership
By: General Growth 170, L.P.,
a Delaware limited partnership,
its general partner
By: General Growth 170 (GP), LLC,
a Delaware limited liability company,
its general partner
By:
Name:
Title:
Date:
THE STATE OF §
COUNTY OF §
The foregoing instrument was acknowledged before me on '2007,
by , of General Growth 170 (GP), LLC,
a Delaware limited liability company, on behalf of said limited liability company, in its
capacity as general partner of General Growth 170, L.P., a Delaware limited partnership,
on behalf of said limited partnership, in its capacity as general partner of 170 Retail
Associates, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public, State of
Printed Name:
My commission expires:
70 2QQ8 QQQ� 63Q�
- 111111111111111111111111111111111111
Recorded On: February 15, 2008
Parties: BRADLEY SCOTT
To
Comment:
Ordinance 35.00
Total Recording: 35,00
—1-1 - --"-.r
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2008-16304
As
Ordinance
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
0 K-1) 5`7 I
Billable Pages: 7
Number of Pages: 7
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: 2008-16304
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 }
•
COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the File Number sequence on the dateltime
printed heron, and was duly RECORDED In the Oficial Records of Denton County, Texas.
.,
County Clerk
Denton County, Texas