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HomeMy WebLinkAboutRes 04-41 Approving a Roadway Funding Agreement with Roland ArthurTOWN OF WESTLAKE RESOLUTION NO. 04-41 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A ROADWAY FUNDING AGREEMENT BETWEEN THE TOWN AND ROLAND ARTHUR WHEREAS, Texas Transportation Code, Chapters 201 and 221, authorizes the State of Texas ("State") to lay out, construct, maintain and operate a system of streets, roads and highways that comprise the State highway system; and WHEREAS, pursuant to Texas Department of Transportation Minute Order No. 108177, the State has been authorized to undertake and complete a highway improvement project generally described as the Review of the Preliminary Engineering to Study a Facility for Upgrade to a Farm -to -Market Facility, known as F.M. 1938, from S.H. 114 to F.M. 1709, a distance of approximately 3.6 miles; and WHEREAS, the Town of Westlake ("Town"), in conjunction with the City of Keller and City of Soutblake (the Town, City of Keller and City of Southlake are collectively referred to as "Local Governments") has requested that the State allow the Local Governments to participate in said improvement by funding that portion of the improvements described as the Review of Preliminary Engineering to Study a Facility for Upgrade to a Farm -to -Market Facility, known as F.M. 1938, from S.H 114 to F.M. 1709, ("Project"); and WHEREAS, Texas Transportation Code, Section 201.209, allows the State to enter into an Interlocal Agreement with the Local Governments; and WHEREAS, the State has entered into an Interlocal Agreement with the Local Governments for the Project on the 14th day of July, 2003; and WHEREAS, the Local Governments are responsible for paying a portion of the costs of the Project, which includes, but are not limited to engineering services; and WHEREAS, certain private property owners have chosen to contribute funding to the Town for the design and construction of the Project; and WHEREAS, Roland Arthur ("Arthur") owns property (defined below) that is adjacent to and will benefit from the Project; and WHEREAS, pursuant to the terms of this Agreement, Arthur agrees to contribute funding towards the design and construction of the Project; WHEREAS, Arthur's property (the "Property") is shown on Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The recitals and findings contained herein and above are deemed true and correct and are incorporated in their cntirety into the Agreement. SECTION 2: That Arthur agrees to pay the sum of $101,739.00 to the Town for the design and construction of the Project on the effective date of this Agreement (the "Payment"). SECTION 3: In consideration of the receipt of the Payment, the Town agrees as follows: A. The Town will credit the Payment against any future road assessments or roadway impact fees, as defined by Chapter 395 of the Texas Local Government Code, which may become due and payable by Arthur or his successors and assigns in connection with subsequent development of the Property. The Town's commitment to provide this credit shall be deemed a covenant running with the land, inuring to the benefit of Arthur or any successor owner of the Property. B. The Town will design drainage, erosion and sediment control features for the Property, as generally described on Exhibit "B" attached hereto, which shall be approved in writing by Arthur. The approval by Arthur shall not be unreasonably denied or delayed. Arthur shall grant the necessary construction and permanent easements for the improvements. C. The Town will provide slope grading on the east side of the Project, at the point that it is adjacent to the Property, as generally shown on Exhibit "C" attached hereto. Arthur shall grant the necessary slope easements. D. The Town will present to the State and seek approval of the future driveway connections and from the Property to the Project from the Property, as generally shown on Exhibit "D" attached hereto. The resulting approvals of driveways or median breaks shall be to the benefit of Arthur or any successor owner of the property. SECTION 4: General Provisions A. Except as set forth in Section 3A and Section 3D, this Agreement or any interests herein shall not be assigned by Arthur without the express written consent of the Town, which may not be unreasonably withheld. B. Venue. Venue of any action brought hereunder shall be in the State District Courts of Tarrant County, Texas. 2 C. Notices. Any notices given or required to be given pursuant to this Agreement shall be sent by regular U.S. Mail or Certified Mail, return receipt requested, to the following: To the Town of Westlake Texas: Trent Petty, Town Manager Town of Westlake 2650 J. T. Ottinger Road Westlake, Texas 76262 With copies to: L. Stanton Lowry, Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 To Roland Arthur: Mr. Roland Arthur 1755 Dove Road Roanoke, Texas 76262-5924 D. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Town and Arthur specifically agree and contract that: (1) Except as set forth in Section 3A and Section 3D, this Agreement only affects matters between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that the third person or entities may be in a contractual relationship with the Town, Arthur, or both of them; and (2) The terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the Town or Arthur. E. Authority to Act. The parties (the Town and Arthur) each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind itself to the terms and provisions hereof. Each party warrants that any actions required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. SECTION 4: This Resolution shall become effective on the date of its passage. 91 SECTION S: If any section, article, paragraph, sentence, clause, phrase or word in this Agreement, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement; and the Town and Arthur hereby declare they would have passed such remaining portions of the Agreement despite such invalidity, which remaining portions shall remain in full force and effect. PASSED AND APPROVED ON THIS 26TH DAY OF JULY 2004. ATTEST: A. (-" , "_1 - ing Crosswy, To4 Secretary APPROVED A� TO ,RM. Z L. tanton ffo(Towtttorney RMI in OMNI - Trent O. Petty, To Manager 0 A!A. 19, 2004 5:09PM 6Taham At soc�ates, Inc. NU. U�IZ r, 1 EXHIBIT "A" TRACT 1: BEING a tract of land situated in the JOSIAH WALKER SURVEY, Abstract Number 1504, Town of Westlake, Tara it County, Texas, and a portion of that land conveyed to AIL Investment, L.P., recorded under County Clerk's Number 95-0027449 in the Real Property Records, Denton County, Texas, and beizSg more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with plastic cap stamped "Carter & Burgess", found at the Southeast comer of the aforementioned ATL tract; THENCE S 43 degrees 51 ininutes 39 seconds W, 51.54 feet, with the East line of said AIL tract, to a 518 inch iron rod with plastic cap stamped "Carter & Burgess" set; THENCE N 03 degrees 24 minutes 31 seconds E, 467.57 feet, departing said East line, to a 518 inch iron rod with plastic cap stamped "Carter & Burgess", set at the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 59.43 feet, through a central angle of 01 degree 01 minute 17 seconds, having a radius of 3895.00 feet, the long chord of which bears N 03 degrees 45 minutes 25 seconds E, 69.43 feet to a 518 inch iron, rod with plastic cap stamped ''Carter & Burgess" set, in the East line of said AIL Tract; THENCE S 00 degrees 23 minutes 10 seconds E, 498.88 feet to the POINT OF BEGINNING AND CONTAINING 0.208 acres of land more or less. TRACT 2: BEING a tract of land situated in the JOSIAH WALKER SURVEY, Abstract Number 1604, the MEMUCAN HUNT SURVEY, Abstract Number 756 and the LEROY BOGGESS SURVEY, Abstract Nainber 196, Town of Westlake, Tarrant County, Texas, acid a portion of that tract of land conveyed to AIL Investment, L.P., recorded in Volume 13275, Page 542 of Deed Records, Tarrant County, Texas and under Comity Clerk's Number 98-R0091571 of Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod with plastic cap stamped "Carter & Burgess" found at the Southeast corner ofti-attract of land conveyed to FMR Texas Limited Partnership, recorded in Voluane 13457, Page 403 of said Deed Records; A.UC, 19. 2004 5:09PM Graham Rsseciates, Inc. ICU, U��2 r. ) THENCE S 00 degrees 59 minutes 12 seconds W, 423.67 feet, with the East line of said AIL Tract, to a 5/8 inch, iron rod with plastic cap stamped "Carter & Burgess" set, at the POINT OF BEGINNING; THENCE with the East line of said AIL Tract the following bearings and distances, S 00 degrees 59 rnir+utes 12 seconds W, 466.91 feet to a 2 inch steel post found; S 00 degrees 19 minutes 03 seconds E, 1769.80 feet to a 3/4 inch iron, rod found; S 00 degrees 23 minutes 06 seconds E, 329.61 feet to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set; THENCE N 52 degrees 02 minutes 10 seconds W, 23.44 feet, departing said East line, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set, at the beginning ofa curve to the left; THENCE with said curve to the left, an arc distance of 109.41 feet, through a central angle of 01 degree 36 minutes 34 seconds, having a radius of 3895.00 feet, the long chord of which bears N 07 degrees 50 minutes 27 seconds W, 109.41 feet, to a 518 i�.�ch iron rod with plastic cap stamped "Carter & Burgess" set; THENCE N 08 degrees 38 minutes 45 seconds W, 469.88 feet to the beginning of a curve to tl e right to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set; THENCE with said curve to the right, an arc distance of 1801.3 8 feet, through a central angle of 21 degrees 02 minutes 31 seconds, baving a radius of 4905-00 feet, the long chord of which bears N 01 degree 52 minutes 31 seconds E, 1791,27 feet, to a 518 inch iron rod with plastic cap stamped "Caster & Burgess" set; THENCE N 21 degrees 23 minutes 47 seconds E, 193.06 feet to the POINT OF BEGINNING AND CONTAINING 5.860 acres of land more or less. AIH 19. 2044 5.09PM Graham Associates, Inc. NO. U�1'l V. EXHIBIT "A" BEING a 284.1570 acre tract of land in the C. M. Tlxzoop Survey, Abstract No. 151.0, W. A. Martin Survey, Abstract No. 1069 and the J. Walken Survey, Abstract No. 1604, situated in Tarrant County, Texas, and being that certain tract of land as described in deed as recorded in Volume 6686, Page 203 of the Deed Records of Tarrant County, Texas, and being more particularly described as Follows: BEGINNING at a 318" iron pin, found in the West lhte of said C. M. Throop Survey, said 318" inch Iran pin. also being in the East lime of the M. Hunt Survey, Abstract No. 756 and being North 00 degrees 23 minutes 20 seconds West, 803.40 feet from the Northeast corner of the L. Boggess Survey, Abstract No, 196 according to the deed recorded in Volume 6686, Page 203, Deed Records, Tarrant County, Texas, THENCE North 89 degrees 52 minutes 25 seconds East along the centerline of County Road No. 3035, 1546.96 feet to a nail found for corner, TRENCH South 00 degrees 16 minutes 25 seconds West continuing along said centerline 1635.63 feet to a 1/2" iron pin set cornier, THENCE South 16 degrees 02 minutes 05 seconds East, 200.02 feet to a 1/2" iron pin set for corner, THENCE South 37 degrees 53 minutes 35 seconds East, 253.03 feet to a I/2" iron pin set far corner, THENCE South 50 degrees 46 minutes 15 seconds East, 711.12 feet to a nail found for comer, THENCE South 01 degrees 12 minutes 25 seconds East, 1199.28 feet to a 1/2" iron pin Set for corner, THENCE South 31 degrees 54 minutes 10 seconds West, 465.04 feet to a 1/2" iron phi set for comer; THENCE South 00 degrees 43 minutes 50 seconds East, 159.00 feet to a nail found for corner; THENCE South 89 degrees 48 minutes 20 seconds West at 25.14 feet passing a 1/2 inch iron pin found and coxntinuing in all 2053.46 feet to a 1/2 inch iron pin found at a fence comer in the West line of the W.H. Martin Survey; THENCE South 00 degrees 36 minutes 19 seconds East along a fence line and said West line of the W.H. Martian Survey and the West line of the Win, Winn Survey, Abstract No. 1660, 2230.68 feet to a nail found in the centerline of County Load No. 3035, A.OG. 19, 2004 5:10PM Graham Assoc'�ates, Inc, im UD 12 r, THENCE South 89 degrees 43 minutes 09 seconds West aloner a fence line and the North line of Timber Knoll Estates, 2710.94 feet to a 718" iron pin foutid at a fence corner; THENCE North 00 degrees 01 minutes 09 seconds East along the East line of the Nelson Hunt tract of land, 806.34 feet to a 314" iron pin found at a fencer corner; THENCE North 89 degrees 32 minutes 21 seconds East along a fence line 666.42 feet to a fence corner; THENCE North 36 degrees 33 minutes 15 seconds East along a fence line and crossmi In a a lake, 1189.84 feet to a fence COMM-, THENCE North 00 degrees 20 minutes 36 seconds East along a fence line 438.13 feet to a fence corner; THENCE North 88 degrees 19 minutes 51 seconds East along a fence line 1168.44 feet to a 112" iron pill set for corner; THENCE North 43 degrees 58 minutes 34 seconds East, 202.25 feet to a 1/2" iron pin set in fence line and the East line of the J. Walker Survey; THENCE North 00 degrees 23 minutes 20 seconds West along said fence line and said East line of the J. Walker Survey 4092.28 feet to the POINT OF BEGINNING; SAVE & EXCEPT any part or portion of the subject property located in the use or occupancy of any public or private roadway; SAVE ,AND EXCEPT WHEREAS, WB Texas Resort Communities, L.P., is the owner of a tract of land situated in ihe. Josiah Walker Survey, Abstract No. 1604, in the Town of West]alce, Tarrant County, Texas, and being part of. a called 284.157 acre tract of land conveyed to Polygon Enterprises, Inc, as evidenced by a Special Warxanty Deed recorded at Volume 9339, Page 1071, Deed Records Tarrant County, Texas (DRTCT), and being part of a called 435.846 acre tract of land conveyed to WB Texas Resort Communities L.P., as evidenced in a deed recorded in Volume 14334-0540, Page 001 DRTCT and being more particularly described as follows (bearings referenced to WBTRC Deed): BEGINNING at a pk-nail set in Randol Mill Road (a 60 -foot wide road easement) for the soatheast corner of said Polygon Enterprises tract, same being on the west line of a called 2 acre tract of land conveyed to Antioch Churches and Ministries as evidenced in a deed recorded in Volume 12492, Page 1334, DRTCT; THENCE North 89°35'59" West, with the general line of a meandering chain link fence and along the south: line of said Polygon Enterprises tract, at a distance of 2710.95 feet to AUG. 19, 2004 5:IOPM Graham Asscciales, Inc, NU. u�12 r, b a 1 -inch iron rod found for the conuxwli sootllerly corner of said 435.846 acre tract and the Polygon Enterprises tract; THENCE along said east line and the south line at said 435.846 acre tract as follows: North 00°42'01" East, a distance of 806.45 feet to a 314 -inch -iron rod found for corner; So'oth 89045'54" East, a distance of 667.21 feet to a 518-hich "KHA" capped iron rod found for comer; North 37°16'31" East, a distance of 1189.95 feet to a 5/8 -inch "KHA" capped iron rod found for corner; North 00°54'59" East, a distance of 438.18 feet to a 5/8 -inch "KRA" capped iron rod found for corner; North 88°39'06" East, a distance of 1168.84 feet to a 5l8 -inch "KHA" capped iron rod found for comer; North44°24'20" East, a distance of 202.62 feet to a 518 -inch rad found for the, easterly southeast comer of said 435.846 acre tract, same being in the called west line of the William H. Martin Survey, Abstract No. 1060; THENCE Soutb 00°28'06" Vilest, along said west line, a distance of 148.76 feet to a 5/8 - inch "KHA" capped iron prod set for the 11orthwest corder of a called 14.919 acre tract of land conveyed to Triple T Farms, Ltd., as recorded in Volume 12624, Page 2037, DRTCT; THENCE South 00004'33" West, with a east line of said Polygon Enterprises tract and the west line of tracts described by the following deeds recorded in Volume 12624, Page 2037, Volume 13427, Page 268, Volume 11997, Page 747, Volume 7119, Page 224 2, Volume 6807, 767, Volume 6907, Page 1916, and Volume 1.2492, Page 1334, all of DRTCT, a distance of 2231.11 feet to the POINT OF BEGINNING and containing 100.85 acres of land, more or less. 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' 5i RVFx.MiF bQ 719 - '.•.� f - 'w, f'a.. x - �� r S � ��y�� L5. {E��J Ami' � �}„.�- ry3 �' +A`a��i'� �� .,_: '+'w. •S �ii'u y - r'. f�Xw`^c m.'1'X 9NI4CF QPNi'N - R Elf sl" ay. --sti sts'r'- \ y Y,a,r- ....L SEj%'% T Ax. xx '�Far'S� I r �H-GRN�,'itiE - .]..• F��- ���� � +ix' - :". y]' G: A 1,'l0. �. "-I '} `+ i.�'r." T�yR. t 7 'F�.J f -•,, "ter in P:YWIPZIT ,loll �"R J i .01 + in P:YWIPZIT ,loll [nn 00-0-# r--. ... 4 F - x Ld [nn 0 F - co X W GRAHAM ASSOC 600 SIX FLAGS DR #500 ARLINGTON TX 76011 Submitter: GRAHAM ASSOC SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/2912004 01:27 PM Instrument #: D204339029 OPR 22 PGS $54.00 By: NIL D204339029 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. ROADWAY FUNDING AGREEMENT This Roadway Funding Agreement ("Agreement") is made and entered into this 15_ day of :5eFT6AeZF, 2004, by and between the Town of Westlake, Texas, ("Town") a general law municipality located in Tarrant and Denton Counties, Texas, acting herein by and through its governing body, and Roland Arthur ("Arthur"). WHEREAS, Texas Transportation Code, Chapters 201 and 221, authorizes the State of Texas ("State") to lay out, construct, maintain and operate a system of streets, roads and highways that comprise the State highway system; and WHEREAS, pursuant to Texas Department of Transportation Minute Order No. 108177, the State has been authorized to undertake and complete a highway improvement project generally described as the Review of the Preliminary Engineering to Study a Facility for Upgrade to a Farm -to -Market Facility, known as F.M. 1938, from S.H. 114 to F.M. 1709, a distance of approximately 3.6 miles; and WHEREAS, the Town, in conjunction with the City of Keller and City of Southlake (the Town, City of Keller and City of Southlake are collectively referred to as "Local Governments") has requested that the State allow the Local Governments to participate in said improvement by funding that portion of the improvements described as the Review of Preliminary Engineering to Study a Facility for Upgrade to a Farm -to - Market Facility, known as F.M. 1938, from S.H 114 to F.M. 1709, ("Project'); and WHEREAS, Texas Transportation Code, Section 201.209, allows the State to enter into an Interlocal Agreement with the Local Governments; and WHEREAS, the State has entered into an Interlocal Agreement with the Local Governments for the Project on the 141 day o .___, 200R and WHEREAS, the Local Governments are responsible for paying a portion of the costs of the Project, which includes, but are not limited to engineering services; and WHEREAS, certain private property owners have chosen to contribute funding to the Town for the design and construction of the Project; and WHEREAS, Arthur owns property (defined below) that is adjacent to and will benefit from the Project; and WHEREAS, pursuant to the terms of this Agreement, Arthur agrees to contribute funding towards the design and construction of the Project; WHEREAS, Arthur's property (the "Property") is shown on Exhibit "A" attached hereto. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto the receipt and sufficiency of which is hereby acknowledged, the Town and Arthur agree as follows: Section 1. The recitals and findings contained herein and above are deemed true and correct and are incorporated, in their entirety into the Agreement. Section 2. That Arthur agrees to pay the sum of $101,739.00 to the Town for the design and construction of the Project on the effective date of this Agreement (the "Payment'). Section 3. In consideration of the receipt of the Payment, the Town agrees as follows: A. The Town will credit the Payment against any future road assessments or roadway impact fees, as defined by Chapter 395 of the Texas Local Government Code, which may become due and payable by Arthur or his successors and assigns in connection with subsequent development of the Property. The Town's commitment to provide this credit shall be deemed a covenant running with the land, inuring to the benefit of Arthur or any successor owner of the Property. B. The Town will design drainage, erosion and sediment control features for the Property, as generally described on Exhibit "B" attached hereto, which shall be approved in writing by Arthur. The approval by Arthur shall not be unreasonably denied or delayed. Arthur shall grant the necessary construction and permanent easements for the improvements. C. The Town will provide slope grading on the east side of the Project, at the point that it is adjacent to the Property, as generally shown on Exhibit "C" attached hereto. Arthur shall grant the necessary slope easements. D. The Town will present to the State and seek approval of the future driveway connections and from the Property to the Project from the Property, as generally shown on Exhibit "D" attached hereto. The resulting approvals of driveways or median breaks shall be to the benefit of Arthur or any successor owner of the property. 2 Section 4. General Provisions A. Except as set forth in Section 3A and Section 31), this Agreement or any interests herein shall not be assigned by Arthur without the express written consent of the Town, which may not be unreasonably withheld. B. Venue. Venue of any action brought hereunder shall be in the State District Courts of Tarrant County, ,Texas. C. Notices. Any notices given or required to be given pursuant to this Agreement shall be sent by regular U.S. Mail or Certified Mail, return receipt requested, to the following: To the Town of Westlake, Texas: Trent Petty, Town Manager Town of Westlake 2650 J. T. Ottinger Road Westlake, Texas 76262 With copies to: L. Stanton Lowry, Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 1 —11 ei 0 o: � 1 Mr. Roland Arthur 1755 Dove Road Roanoke, Texas 76262-5924 D. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Town and Arthur specifically agree and contract that: (1) Except as set forth in Section 3A and Section 3D, this Agreement only affects matters between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that the third person or entities may be in a contractual 3 relationship with the Town, Arthur, or both of them; and (2) The terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the Town or Arthur. E. Authority to Act. The parties (the Town and Arthur) each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind itself to the terms and provisions hereof. Each party warrants that any actions required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. F. Effective Date. Thee ective date of this Agreement shall be the I day of , 2004. G. Severability. if any section, article, paragraph, sentence, clause, phrase or word in this Agreement, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement; and the Town and Arthur hereby declare they would have passed such remaining portions of the Agreement despite such invalidity, which remaining portions shall remain in full force and effect. 4 SIGNED AND EFFECTIVE AS OF THIS _ DAY OF 200q. ATTEST: ri Gi g& Crosswy, Town gAretary TOWN OF WESTLAKE, TEXAS By: Trent O. Petty, To anager 4 FORM; Attorney STATE OF TEXAS COUNTY OF ROLAND ARTHUR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared TRENT O. PETTY, Town Manager of the Town of Westlake, Texas known to me or proved to me on the oath of Trent O. Petty or through ; (description of identity card or other document) to be the pefson whose name is subscri ed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2006q GINGER CRQSSWM Notary Public STATE OF TEXAS My Comm. Exp. 02122J2048 STATE OF TEXAS § COUNTY OF § l -�fbmly OF PUBLIC, tate of Texas BEFORE ME, the undersigned authority, on this day personally appeared ROLAND ARTHUR,kn wn to me or proved to me on the oath of Roland Arthur or through (description of identity card or other document) to be th person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this J C day P of , 200 r r r 5 Notary Pub ic, Statc o xas