HomeMy WebLinkAboutOrd 576 Annexing 1.314 acres in the M.E.P. & P.R.R.Co. Survey, Abstract No. 923 and J. Bacon Survey Abstract No. 1565ORDINANCE NO. 576
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS
ANNEXING APPROXIMATELY 1.314 ACRES OF THE M.E.P. &
P.R.R. CO. SURVEY, ABSTRACT NO. 923 AND THE J. BACON
SURVEY, ABSTRACT NO. 1565, DENTON COUNTY, TEXAS,
INTO THE TOWN LIMITS OF THE TOWN OF WESTLAKE,
TEXAS, PURStiANT 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 ;.314 acres of the M.E.P. &
P.R.R. Co. Survey, Abstract No. 923 and the J. Bacon Survey, Abstract No. 1565, Tarrant
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 propenN owner is attached as Exhibit
(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 pro-, isions of state la,kk inc€udina. but not limited to.
Section 43.028 of the Texas Local Government Code have hereby been met.
THEREFORE,
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
Section `. 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 Propert% shown on attached Exhibit "A" shah 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 he Master
Aureement 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 WES I'LAKE, TEXAS, ON THIS 24 DAY OF SEPTEMBER 2007.
APPROVED:
Scott Bradt .. Mayor
(SEAL}_
ATTFSTz
Suttei. Town Secretary
(1^$o, Ic I m\ iN.V cit Lakc \\ -aLi cements\, lkad anal 1.311 acre, doc
Exhibit "A" to Westlake Annexation Ordinance for the AIL Tract
Description of the 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 comer 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 County
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 75041'23"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 89010'35"W, 296.16 feet to the POINT OF BEGINNING and containing
57232.9279 square feet or 1.314 acres of land more or less.
Exhibit "B" to Westlake Annexation Ordinance for the AIL Tract
PETITION AND AFFIDAVIT OF
ON BEHALF OF AIL INVESTMENTS L.P. 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. I am the 1Titlel 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 "PropertX"). 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 Govewment 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 2007.
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
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged before me on , 2007,
by , 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.
Notary Public, State of Texas
Exhibit "A" to Petition for Annexation of AIL Tract
Description of the 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 comer 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 County
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 7504123"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.
Hlnoyle-Lowry\West Lake\w1-a-reements\%1-agr exh to 1,314 ac tract.dDe
By:
TOWN OF WESTLAKE
3 VILLAGE CIR #202
ROANOKE TX 76262
Submitter: TOWN OF WESTLAKE
SUZANNE 14ENDEFZSON
TARRANT COUNTY CLERK
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Recjtstration: 01/14/2008 09:03 AM
#: D208013054
OPR 7 PGS $36.00
/III IIIII IIIII VIII IIIII I!II! I!Ill.11l!I!III! Illi /III
D208013054
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
111111111111111111111111111111111111
70 2008 00 01630 6
vrnwn a.Uuniy
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2008-16306
As
Recorded On: February 15, 2008 Ordinance
Parties: BRADLEY SCOTT Billable Pages: 7
To Number of Pages: 7
Comment:
Ordinance
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
35.00
Total Recording: 35.00
************ 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:
Document Number: 2008-16306
Receipt Number: 459216
Recorded Date/Time: February 15, 2008 03:31:58P
User / Station: A Mcelroy - Cash Station 1
Record and Return To:
TOWN OF WESTLAKE
3 VILLAGE CIRCLE
STE 202
WESTLAKE TX 76262
THE STATE OF TEXAS)
COUNTY OF DENTON }
>� Y`�Y
t C l k'' It
I hereby certify that this instrument was FILED In the File Number sequence on the tlateltime
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
*e %
County Clerk
,tp.�'
Denton County, Texas