HomeMy WebLinkAboutOrdinance 1003 Solana PID Landowner Consent Cert (RECORDED)D224151984 08/26/2024 02:32 PM Page: 1 of 5 Fee: $36.00 Submitter: McCall, Parkhurst & Horton LLP
Electronically Recorded by Tarrant County Clerk in Official Public Records � !',),�-Q -MARYLOUISE NICHOLSON COUNTY CLERK
LANDOWNER CONSENT CERTIFICATE
This Landowner Consent Certificate is issued by MRW Investors, LLC, as successor in interest to
Maguire Partners-Solana Land, LP, a Texas limited partnership ("Landowner"), as the landowner who
holds record title to approximately 0.366 acres (the "Gas Well Pad Site") as more paiticularly described
by lot and block in Exhibit A attached to this Landowner Consent Ce1tificate and incorporated herein for
all purposes, within the Solana Public Improvement District (the "PID") created by the Town of Westlake,
Texas (the "Town"). This Landowner Consent Certificate supplements that ce1tain Landowner Agreement
entered into as of Januaiy 15, 2015 by and among the Landowner and the Town and constitutes a written
amendment thereto pursuant to Article III, Section E thereof. Capitalized terms used herein and not
otherwise defined shall have the meaning given to such terms in the Town's Ordinance No. 741 adopted
on January 15, 2015, which initially levied assessments on Landowner's property within the PIO (the
"Original Assessment Ordinance"), excluding the Gas Well Pad Site, or in the Town's Ordinance No.
1003 adopted by the Town Council on August 19, 2024 (the "2024 Assessment Ordinance"),
which reallocates and reassesses property within the PIO, including the Gas Well Pad Site, which
2024 Assessment Ordinance includes the 2024 Amended and Restated Service and Assessment
Plan and Assessment Roll attached thereto.
Landowner hereby declares and confirms that, as of date the Town Council of the Town adopted
the Original Assessment Ordinance, as of the date the Town Council adopted the 2024 Assessment
Ordinance, and as of the date the 2024 Assessment Ordinance was recorded in the real property records
of Tarrant County, Texas on August 26, 2024, Landowner held record title to the Gas Well Pad Site
and other property which is subject to the special assessments (the "Assessments") levied by the Town
under the 2024 Assessment Ordinance. Further, Landowner hereby ratifies, declares, consents to, affirms,
agrees to and confirms each of the following:
1.The Landowner was the sole owner of the Gas Well Pad Site as of the date of the 2024
Assessment Ordinance and as of the date the 2024 Assessment Ordinance was recorded in
the real property records of Tarrant County on August 26, 2024.
2.Landowner has received a copy of Resolution No. 14-07 approved by the Town Council
of the Town of Westlake, Texas on February 24, 2014 creating the PIO, which Resolution
was published in the Fort Wo1th Star-Telegram on Februaiy 28, 2014.
3.Landowner purchased the Gas Well Pad Site having actual knowledge and notice that the
Gas Well Pad Site was located or would be located within the PIO and that Assessments
would be levied against the Gas Well Pad Site.
4.The initial designation of the Gas Well Pad Site as a Non-Benefitted Property pursuant to
the Original Assessment Ordinance or any Annual Service Plan Update thereto constitutes
an omission or mistake pursuant to Section 372.019, Texas Local Government Code, as
amended, because the Gas Well Pad Site actually benefits from the Authorized
Improvements and thus a proportionate share of the costs of the Authorized Improvements
should have been allocated to Gas Well Pad Site and should have been included among the
Parcels that would be Assessed Property.
5.The Landowner acknowledges the right, power and authority of the Town Council of the
Town to create the PIO, adopt the Original Assessment Ordinance, the 2024 Assessment
Ordinance, and each intervening Annual Service Plan Update, including the attachments
thereto, and to levy the Assessments against the Gas Well Pad Site.
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