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HomeMy WebLinkAboutOrd 575 Annexing 9.221 acre in the M.E.P. & P.R.R.Co. Survey, Abstract No. 923 and J. Bacon Survey Abstract No. 1565ORDINANCE NO. 575 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS ANNEXING APPROXIMATELY 9.221 ACRES OF THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 923, TARRANT AND DENTON COUNTIES, TEXAS, AND THE J. BACON SURVEY, ABSTRACT NO. 1565, TARRANT AND DENTON COUNTIES, TEXAS, INTO THE TOWN LIMITS OF THE TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION 43.103 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 43.103 of the Texas Local Government Code authorizes a general law municipality with a population of 500 or more to annex the part of a street, highway, or other pubic or private way that is adjacent and runs parallel to the boundaries of the municipality; and WHEREAS, approximately 9.221 acres of the M.E.P. & P.R.R. Co. Survey, Abstract No. 923, Tarrant and Denton Counties, Texas, and the J. Bacon Survey, Abstract No. 1565, Tarrant and Denton Counties, Texas, as shown on attached Exhibit "A", (hereinafter the "Properly") lies adjacent and parallel to the municipal boundaries of the Town of Westlake; and WHEREAS, the Property is part of a street, highway, or other public private way; and WHEREAS, the Property is adjacent and parallel to the current Town Limits of the TOWN' OF WESTLAKE; and WHEREAS, the Town of Westlake is a general law municipality with a population of 500 or more; and WHEREAS, all of the provisions of state law including, but not limited to, Section 43.103 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., NCA Health Services of Texas. Inc., and AIL Investment. L.P. Notwithstanding a li'v iLliti S' to the CviitTar V. it such Set ioriit in :SECtiun v.a. oftl�ic' /IaS leY Agreement have not been fully and finally satisfied by the "Termination Date", as defined in Section I O.b. of the Master Agreement, then this Ordinance shall automatically be deemed null and void from and after the Terrzination Date for all purposes. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS.. ON THIS 24 DAY OF SEPTEMBER 2007. APPROVED: ts � — Scott Bradl y, Mavor � Al T ST , f iY Sutter. Town Sccretary 11 Rocle-i-oor\.Weet Lakccl t reement,AwIofu annex `, 221 acre, doc --ie_; 1L r. r Exhibit "A" to Westlake Annexation Ordinance for the Highway 170 Right -of -Way Description of the Highway 170 Right -of -Way 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 and being a portion of State Highway 170 (a variable width right-of-way) and 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, 1083.49 feet to the POINT OF BEGINNING in the northerly right-of-way line of said State Highway 170, the beginning of a non -tangent curve to the right; THENCE along the northerly right-of-way line of said State Highway 170, the following bearings and distances: 62.27 feet along the are of said curve to the right, through a central angle of 00'18'39", a radius of 11479.16 feet and a long chord of N 39018'32"E, 62.27 feet to a Texas Department of Transportation Brass Disk in concrete (TXDOT Mon.) found; N 39°2751 "E, 1229.12 feet to a TXDOT Mon. found; N 013°21'04"E, 165.25 feet to a 5/8 inch iron rod found: N 88°53'25"E, 26.82 feet; THENCE S 00040'31 "E, 874.93 feet to a point in the southerly right-of-way line of said State Highway 170; THENCE along the southerly right-of-way line of said State Highway 170, the following bearings and distances: S 89°52'23"W, 19.84 feet; N 75°41'23"W, 65.50 feet; S 34°39'39"W, 368.29 feet; THENCE S 89054'34"W, 574.70 feet to the POINT OF BEGINNING and containing 9.221 acres of land, more or less. 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 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 0111412008 09:03 AM #: D208013053 .. -,OPR 4PGS $24.00 IIII VIII VIII VIII VIII ILII !illi hill 11111 fill 1111 D208013053 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. 575 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS ANNEXING APPROXIMATELY 9.221 ACRES OF THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 923, TARRANT AND DENTON COUNTIES, TEXAS, AND THE J. BACON SURVEY, ABSTRACT NO. 1565, TARRANT AND DENTON COUNTIES, TEXAS, INTO THE TOWN LIMITS OF THE TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION 43.103 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 43.103 of the Texas Local Government Code authorizes a general law municipality with a population of 500 or more to annex the part of a street, highway, or other pubic or private way that is adjacent and runs parallel to the boundaries of the municipality; and WHEREAS, approximately 9.221 acres of the M.E.P. & P.R.R. Co. Survey, Abstract No. 923, Tarrant and Denton Counties, Texas, and the J. Bacon Survey, Abstract No. 1565, Tarrant and Denton Counties, Texas, as shown on attached Exhibit "A", (hereinafter the "Prope ") lies adjacent and parallel to the municipal boundaries of the Town of Westlake; and WHEREAS, the Property is part of a street, highway, or other public private way; and WHEREAS, the Property is adjacent and parallel to the current Town Limits of the TOWN OF WESTLAKE; and WHEREAS, the Town of Westlake is a general law municipality with a population of 500 or more; and WHEREAS, all of the provisions of state law including, but not limited to, Section 43.103 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 validh-t 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 All., 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 IO.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 THIS 24 DAY OFSHP"I"EMBER 2007. APPROVED: f Scott Bradl( y. ATTEST;'/ r. 1ChV Sutter. Town Secretary 11 "Boyle-LmNn \�c,t Like 'ncl 'ua�emun.`tc6nrn ante,, ) "I acTc, doc Exhibit "A" to Westlake Annexation Ordinance for the Highway 170 Right -of -Way Description of the Highway 170 Right-of-Wav 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 and being a portion of State Highway 170 (a variable width right-of-way) and 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, 1083.49 feet to the POINT OF BEGINNING in the northerly right-of-way line of said State Highway 170, the beginning of a non -tangent curve to the right; THENCE along the northerly right-of-way line of said State Highway 170, the following bearings and distances: 62.27 feet along the arc of said curve to the right, through a central angle of 00'18'39", a radius of 11479.16 feet and a long chord of N 39018'32"E, 62.27 feet to a Texas Department of Transportation Brass Disk in concrete (TXDOT Mon.) found; N 39°2751 "E, 1229.12 feet to a TXDOT Mon. found; N 03°21'04"E, 165.25 feet to a 5/8 inch iron rod found: N 88°53'25"E, 26.82 feet; THENCE S 00040'31 "E, 874.93 feet to a point in the southerly right-of-way line of said State Highway 170; THENCE along the southerly right-of-way line of said State Highway 170, the following bearings and distances: S 89°52'23"W, 19.84 feet; N 75041'23"W, 65.50 feet; S 34°39'39"W, 368.29 feet; THENCE S 89054'34"W, 574.70 feet to the POINT OF BEGINNING and containing 9.221 acres of land, more or less. w res C ;r H:\Boyle-Lowry\West Lake\wl-alreements\wl agr exh to 9.221 ac tract.doc 1111111111111111111� 6305 Cynthia Mitchell III( () County Clerk Denton, Tx 76202 Recorded On: February 15, 2008 Parties: BRADLEY SCOTT To Comment: Ordinance 27.00 Total Recording: 27.00 Instrument Number: 2008-16305 As Ordinance ( Parties listed above are for Clerks reference only ) ** Examined and Charged as Follows: ** (r /J -4) 15 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: THE STATE OF TEXAS) Record and Return To: Document Number: 2008-16305 1 hereby certify that this instrument was FILED in the File Number sequence on the datelt ma Receipt Number: 459216 TOWN OF WESTLAKE Recorded Date/Time: February 15, 2008 03:31:58P 3 VILLAGE CIRCLE `"�Y•' Denton County, Texas STE 202 User / Station: A Mcelroy - Cash Station 1 WESTLAKE TX 76262 THE STATE OF TEXAS) w COUNTY OF DENTON } 1 hereby certify that this instrument was FILED in the File Number sequence on the datelt ma printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. ji3. 'iuntyC County Clerk `"�Y•' Denton County, Texas