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HomeMy WebLinkAboutRes 97-19 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - Carpenter/Moore TractsRes 97-19 JOINT RESOLUTION AND AGREEMENT NO. RELEASE AND ACCEPTANCE OF '' '` ' ! 'IAL JURISDICTIO STATE OF COUNTIES OF ..", 1 DENTON WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated in Denton and Tarrant Counties, State of Texas; and WHEREAS, the Town of Westlake, Texas, is a Type -A general law city lying and being situated in Denton and Tarrant Counties, State of Texas; and WHEREAS, the Town of Westlake has unconditionally and irrevocably disannexed the land more particularly described on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Disannexed Land"); and WHEREAS, the City of Fort Worth and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally 'and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the City of Fort Worth; and WHEREAS, the City of Fort Worth and the Town of Westlake have the authority to pass and approve this Joint Resolution and Agreement pursuant to Section 42.023 of the Texas Local Government Code; and WHEREAS, notice of the proposed adoption of this Joint Resolution and Agreement has been duly posted in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code; and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land will not be annexed for 15 years. WAKV-01 Reuel I Wei!' Q[11 'A ll ZA V I W.1101Mi!••i me, F.11 In 1 IN f f QINT RESOLUTION AND AGREEMENT CARPENTERIMOORE Page 1 07510.0019:0253755.02 That the City of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. 09"l That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Fort Worth any and all of the extraterritorial jurisdictional rights the Town of Westlake has or may have in and to the Disannexed Land. That the City of Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. That this Joint Resolution and Agreement shall become unconditionally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, and that this Joint Resolution and Agreement may not be altered or amended by the Town of Westlake without the prior written consent of the City of Fort Worth and each and all of the owners of the Disannexed Land. That this Joint Resolution and Agreement shall become effective and binding upon the City of Fort Worth when approved by the City Council of the City of Fort Worth. That the City of Fort Worth hereby agrees that the Disannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42.044 of the Texas Local Government Code). This JOINT RESOLUTION AND AGREEMENT is unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of . > Y May, 1997, and is effective at 7 Z-- M. on such date. `5 - JOINT RESOLUTION AND AGREEMENT CARPENTERMOORE Page 2 07510.0019:0253755.02 Ginger Crosswy, SecAhai-y Date: May 2, 1997 APPROVED AS TO FO',4M—"— AdeiD EG LITY: Bill Wood, Town Attorney Date: May •• THE STATE OF TEXAS § COUNTIES OF TARRANT § ANDDENTON § SIGNED: Zell MAYOR MAW E pw WI.A-W7 This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor of the Town of We, tlake. zx-Z�0'__ �T- Notary Public in and for My Commission Expi es: the State of Texas ZZ j JOINT RESOLUI10N AND AGREEMENT CARPENTERIMOORE Page 3 07510.0019:0253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor Pro -Tem of the Town of Westlake. j�� L2nns� 9 T Notary Public in and for the State KRTSTA LANETTE HUP-ST My Commission Expires: Notwy Pubk STATE OF TEXAS qMy Comm. EV. 02MON This JOINT RESOLUTION AND AGREEMENT is passed and lsfff6v6d b-. Council of the City of Fort Worth, Texas, this _ day of 1997. ATTEST: Secretary Mayor MINN= WINN IN N MY411 11 1 - - City Attorney V010 JOINT RESOLUTION -AND AGREEMENT CARPENTERMOORE Page 4 07510,0019:0253755.02 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of _, 1997 by , Mayor of the City of Fort Worth. My Commission Expires: Notary Public in and for the State of Texas JOINT RESOLUTION AND -AGREEMENT CARPENTEPM-00RE Page 5 07510.0019:0253755.02 ITT "A" Drawing of "Disannexed Land" JOINT..RESOLUTION AND AGREEMENT CARPENTERIMOORE Page 6 07510.0019:0253755.02 A le N I m sm 2 I t4i z z 0 V) m IWAOIJIBI� Description of "Disannexed Land" The following described land has been released from the extraterritorial jurisdiction of the Town of Westlake, Texas, and has been included and accepted into the extraterritorial jurisdiction of the City of Fort Worth, Texas. JOINT RESOLUTIQN AND AGREEMENT CARPENTER/MOORE Page 7 07510.0019:0253755.02 EXHIBIT'B' PROPERTY DESCRIPTION JERRY AND JUDY MOORE AND OWEN CARPENTE121. This property is comprised of two tracts of land (Tracts A and 13) located on the north side of Dove Road at the northeast corner of and to the east of the intersection of Dove Road and J. T. Oftinger Road, and west of the intersection of Dove Road and Pearson Lane in Tarrant County, Texas, commonly known respectively as 2399 J.T. Oftingef Road and 3030 Dove Road, Roanoke, Texas 76262, plus the property described as Tract C. Tracts A and B are generally shown on the attached Exhibit 'A' and Tracts A, B and C are further described below. W WMI M N L001:4 BEING a tract of land situated in the J. Gibson Survey, Abstract No. 592, Tarrant County, Texas and being that tract of land as described by deed to Jerry N. Moore and recorded in Volume 5846, Page 696, County Records, Tarrant County, Texas, save and except any portion of said tract situated within 50 feet of the northerly right-of-way line of Dove Road. I LOU BEING a tract of land situated in the Jesse Gibson Survey, Abstract ' No. 592, Tarrant County, Texas, and being that tract of land described in a Deed to Owen Carpenter as recorded in Volume 540, Page 621, County Records, Tarrant County, Texas, the portion of which Owen Carpenter is the record title holder (according to the Real Property Records of Tarrant County, Texas) as of 4:00 p.m. on May 1, 1997, save and except that portion of said tract situated within 50 feet of the right-of-way of Dove Road and J.T. Oftinger Road. 2. Any land situated between Tract A or Tract B and the property described in a deed to Ray N. Proffit recorded in Volume 5499, Page 335, Real Property Records of Tarrant County, Texas; 3. Any land situated between Tract B and the property described in a deed to Wayne T. Hoover recorded in Volume 5492, Page 93, Real Property Records of Tarrant County, Texas (the "Hoover Tract"); 4. Any land situated between Tract B and the Hoover Tract. C&B Job No. 971303010 May 2, 1997 J:\,JOB\97130301\SUR\LEGAL\TRI 11G Page 1 of 1