Loading...
HomeMy WebLinkAboutRes 01-18 Authorizing an Agreement for a Mutually Agreeable Boundary Adjustment with the City of KellerTOWN OF WESTLAKE IR&TI) ILIJ I DWI L[flIM-11 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN AGREEMENT FOR A MUTUALLY AGREEABLE BOUNDARY ADJUSTMENT WITH THE CITY OF KELLER, TEXAS, AS PROVIDED FOR BY SECTION 43.031 OF THE TEXAS LOCAL GOVERNMENT CODE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Keller has established its municipal boundaries by its City Charter and Ordinances; and WHEREAS, the Town of Westlake has established its municipal boundaries by the enactment of Ordinance No. 253; and WHEREAS, the land shown on attached Exhibit "A" (the "Land") is within the municipal boundaries of the City of Keller; and WHEREAS, the Land is part of a larger tract (the "Larger Tract") of which is located in the Town of Westlake; and WHEREAS, the owner of the Land desires to have the Land and the Larger Tract located wholly in the Town of Westlake, as the majority of the Larger Tract is currently located in the Town of Westlake; and WHEREAS, the City of Keller and the Town of Westlake agree that having the Land and Larger Tract in one municipality would allow for more efficient provision of municipal services; and WHEREAS, the Land is adjacent to the City of Keller municipal boundary; and WHEREAS, the Land is less than one thousand (1,000) feet in width at all points; and WHEREAS, the City of Keller and the Town of Westlake, being adjacent to each other, wish to make mutually agreeable adjustments in their municipal boundaries as permitted by Section 43.031 of the Texas Local Government Code: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the above premises are true and correct and are hereby incorporated into this resolution as if copied in their entirety. SECTION 2: That the Town of Westlake agrees that the Land described in Exhibit "A" is to be located within the municipal boundary of the Town of Westlake in the manner provided by Section 43.031 of the Texas Local Government Code. SECTION 3: That the approval of this Resolution is contingent upon the owner of the land described in Exhibit "A" conveying to the Town of Westlake an approximate twenty-five (25) foot wide sanitary sewer easement as shown on attached Exhibit "C" to be used for the mutual benefit of both the Town of Westlake and the City of Keller. SECTION 4: That the Town Manager of the Town of Westlake is hereby authorized to execute the Boundary Adjustment Agreement attached hereto in Exhibit "B", which is incorporated herein for all purposes. PASSED AND APPROVED ON THIS 9�h DAY OF APRIL, 2001. ATTEST: 1 I ''l Ging Crosswy, Town cretary Scott Bradley, Mayor Trent Petty, Town Manager ANNEXATION DESCRIPTION Bradley Annexation Tract Page I of 2 BEING a tract of land situated in the Jesse Gibson Survey, Abstract No. 592 Tarrant County, Texas, and being a portion of that tract as described in deed to Scott Bradley and Kelly Pace Bradley recorded in Volume 13502, Page 90 of the Deed Records of Tarrant County, Texas, said portion being more particularly described as follows: BEGINNING at a P.K. nail found at the intersection of the approximate centerlines of Dove Road and Ottinger Road, said point being the northwest corner of said Bradley tract; THENCE South 89 degrees 28 minutes 28 seconds East, along the center of Dove Road, and also being the north line of said Bradley tract, a distance of 25.00 feet to a point; THENCE in a southerly direction, along a line 25.00 feet east of and parallel to the west line of said Bradley tract, the following courses and distances: South 1 degree 25 minutes 44 seconds West, a distance of 519.81 feet to a point, South 3 degrees 46 minutes 11 seconds West, a distance of 28.61 feet to a point; South 6 degrees 22 minutes 10 seconds West, a distance of 43.25 feet to a point; South 9 degrees 16 minutes 43 seconds West, a distance of 44.36 feet to a point; South I 1 degrees 59 minutes 44 seconds West, a distance of 84.98 feet to a point; South 10 degrees 59 minutes 28 seconds West, a distance of 41.94 feet to a point; South 4 degrees 03 minutes 11 seconds West, a distance of 214.33 feet to a point; South 00 degrees 06 minutes 56 seconds East, a distance of 314.98 feet to a point, THENCE North 89 degrees 51 minutes 37 seconds East, leaving the east right-of-way line of Ottinger Road, a distance of 1302.12 feet to a point on the east line of said Bradley tract; Page 2 of 2 THENCE South 00 degrees 18 minutes 02 seconds West, along the east line of said Bradley tract, a distance of 87.18 feet to a point for an `L' corner of said Bradley tract; THENCE South 89 degrees 51 minutes 37 seconds West, along the south line of said Bradley tract, a distance of 135.40 feet to a point for an `L' corner of said Bra.dIey tract; THENCE South 00 degrees 05 minutes 26 seconds West, continuing along the east line of said .Bradley tract, a distance of 623.40 feet to a point for the southeast corner of said Bradley tract;. THENCE North 89 degrees 55 minutes 20 seconds West, continuing along the south line of said Bradley tract, a distance of 854.29 feet to a point; THENCE North 00 degrees 12 minutes 08 seconds East, along the west line of said Bradley tract, a distance of 12 1.5 9 feet to a point for an `L' corner of said Bradley tract; THENCE North 89 degrees 56 minutes 58 seconds West, continuing along the south line of said Bradley tract, a distance of 360.24 feet to a point in the west right-of-way line of Ottinger Road; THENCE in a northerly direction, along said west right-of-way line, the following courses and distances: North 00 degrees 06 minutes 56 seconds West, a distance of 901.37 feet to a point, North 4 degrees 03 minutes 11 seconds East, a distance of 219.19 feet to a point; North 10 degrees 59 minutes 28 seconds East, a distance of 45.40 feet to a point; North 11 degrees 59 minutes 44 seconds East, a distance of 84.24 feet to a point; North 9 degrees 16 minutes 43 seconds East, a distance of 41.90 feet to a point, North 6 degrees 22 minutes 10 seconds East, a distance of 40.85 feet to a point; North 3 degrees 46 minutes 1 I seconds East, a distance of 26.45 feet to a point; North 1 degrees 25 minutes 44 seconds East, a distance of 518.00 feet to a point in the aforementioned centerline of Dove Road THENCE South 89 degrees 28 minutes 28 seconds East, along said centerline, a distance of 25.00 feet to the POINT OF BEGINNING and containing 20.51 acres of land. DOVE ROAD f 5/8' I.R. FND, N.4'06'49"E 238.59' N, 11'29'08"E. 1 150.34' ; r` r P ` 1, r;r N.23'58'07"E. Ii f 138.32' c=.r ,I r I , gjl II I1 lil N.23'14'16"E. 'f r 268.33' N. DO'05'26 "E. 625.96' N.19'57'41 "W. 370.29' N. 25'04' 18"W. 104.22' N. 4'36'45"W, 159.38' 3/8" I.R. FNO. f. I;r I: r; I: I1 I:r 'f CENTERLINE r' OF 25' PROPOSED If SANITARY SEWER ESM'T. I I 'l 5/8' i.R.pND. DOVE ROAD 1r- N.4'06'49^E 238.50' '^ E. N.2374lG'E.-� 26&33' N]0'57^41^mi 370.29' w.25*04'18"w( /O* -22' N.4*36'45^W. 159.38' / CENTERLINE OF 25 |!| PROPOSEDAwTA�y S.T, | AN AGREEMENT BETWEEN THE CITY OF KELLER, TEXAS AND THE TOWN OF WESTLAKE. TEXAS AGREEING TO ADJUST AND DELINEATE THE MUNICIPAL BOUNDARIES BETWEEN THE TOWNS PURSUANT TO SECTION 43.031 OF THE LOCAL GOVERNMENT CODE. THIS AGREEMENT is entered into between the Town of Westlake, Texas, a general law city operating pursuant to the laws of the State of Texas, and the City of Keller, Texas, a home -rule city operating pursuant to the laws of the State of Texas, for the purpose of adjusting the boundaries between the two (2) respective Cities. WHEREAS, this Agreement is made pursuant to Section 43.031 of the Texas Local Government Code which allows adjacent municipalities to make mutually agreeable adjustments in their boundaries; and WHEREAS, the land shown on attached Exhibit "A' (the "Land") is within the municipal boundaries of the City of Keller; and WHEREAS, the Land is part of a larger tract (the "Larger Tract") of which is located in the Town of Westlake; and WHEREAS, the owner of the Land and the Larger Tract desires to be located wholly within the Town of Westlake; and WHEREAS, the City of Keller and the Town of Westlake agree that having the Land and Larger Tract in one municipality would allow for more efficient provision of municipal services; and WHEREAS, the Land is less than one thousand (1,000) feet in width at all points; and WHEREAS, the Town of Westlake and the City of Keller, being adjacent to each other, wish to make mutually agreeable adjustments in their boundaries as permitted by Section 43.031 of the Texas Local Government Code; NOW, THEREFORE, the Town of Westlake and the City of Keller, hereinafter referred to collectively as the Parties, agree as follows: 1. The Parties agree that the property described herein in Exhibit "A" shall be part of the town limits of the Town of Westlake in the manner provided by Section 43.031 of the Texas Local Government Code. 2. The Parties agree that these actions are mutually agreeable and that the adjustments in the boundaries of the two municipalities will be made under this Agreement in the manner intended, as of the earliest date permitted by applicable law. 3. The Parties represent that approval of this Agreement by their respective governing bodies has been completed and that the undersigned officers are authorized to execute this Agreement on behalf of their respective municipality. The Agreement is to be effective on the date of signature of the last of the Parties hereto signing the same. TOWN OF WESTLAKE, TEXAS: CI'. By _ By Scott Bradley, Mayor ATTEST: By: A - — (Ang Crosswy, Town §Iretary Date: A`1" i'ES`1': B Sheila Stephens, ity Secretary D:\Teller\kr-agreements\kr-agr.town of westlake-mum boundaries.wpd E- u -14 . p 2 ?/ @x � $ w —............................ ..................................... ...... ........... \ e � ® )�$ . )�¥ m!@ Aye . \{\ � • r!!:§( //{� \ A;± � (§ /;........................... ......... ...a:.. ------------------------------ ....... ---------- .—d. � q. . . } . � --w ; �........................j � . � THE STATE OF TEXAS THE COUNTY OF TARRANT For and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, the undersigned (collectively, GRANTOR) hereby grants to the TOWN OF WESTLAKE, TEXAS, 3 Village Circle, Suite 207, Westlake, Texas 76262 (GRANTEE) a right-of-way and perpetual easement along a route described on the attached Exhibit A, and 10 ft. either side of the route, to at any time and from time to time, lay, construct, maintain, inspect, operate, repair, replace, and remove or abandon in place one pipeline not to exceed eighteen inches in diameter for the transportation of sewage across, under and upon GRANTOR's real property located in Tarrant County, Texas, described below (the Being the tract originally consisting of 57.69 acres in the Jesse Gibson Survey, Abstract 592 in Tarrant County, Texas, described in Volume 2839, Page 41 of the Deed Records of Tarrant County, Texas. GRANTEE may from time to time cut any trees, undergrowth and other obstructions that, in its reasonable judgement, will injure, endanger or interfere with GRANTEE's exercise of the rights, privileges and easements herein granted; 1 except that GRANTEE must (a) exercise reasonable efforts to avoid damaging any trees in the easement, (b) not remove or harm any trees in the temporary work space, and (c) remove the debris from the cutting(s) or deposit them on the Property at a place designated by GRANTOR. When rock conditions are encountered in the construction of the pipeline, rock shall be (a) removed or (b) at Grantor's option, deposited on the Property at a place designated by GRANTOR. Rock does not include sand, gravel, or rocks less than 3 inches in diameter. At the time excavation for the pipeline is made, GRANTEE must cause the top soil to be separated from the subsoil and replaced on top of the backfill so that the ground is restored to its original condition as nearly as possible upon completion of construction. GRANTOR reserves the right to use the Property in any manner that will not interfere with GRANTEE's exercise of its rights hereunder; provided, however, GRANTOR must not (a) construct nor permit to be constructed, any house, building, or any other structure on the easement area or (b) materially change the grade over the pipeline, without GRANTEE's prior expressed consent. GRANTEE must replace any fencing that is disturbed during construction, maintenance, or repair of the pipeline. TO HAVE AND TO HOLD unto GRANTEE, so long as the right and easement herein granted, or any one of them, shall be used by GRANTEE for the purpose herein granted, the undersigned hereby bind themselves to warrant and 2 forever defend this right of way and easement unto the GRANTEE against every person whomever lawfully claiming or to claim the same or any part thereof. GRANTEE must: (1) not use blasting on the easement; (2) allow GRANTOR to observe construction in the easement; (3) bury all pipe at least three feet deep and pay for any physical damage to growing crops, timber, fences, or other structural improvements caused by GRANTEE's maintenance, operation, repair, alteration, replacement or removal of the pipeline and appurtenant facilities (Note: The easement crosses a 36" drain pipe at the dam.); (4) hold harmless, defend, and indemnify GRANTOR against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from GRANTEE's exercise of easement rights granted by this instrument. The easement, along with its rights and privileges, shall terminate when the purpose of the easement as described ceases to exist, is abandoned by GRANTEE, or becomes impossible of performance. Should GRANTEE fail to perform any covenant, undertaking, or obligation under this agreement within sixty (60) days after being notified by GRANTOR in writing, all rights and privileges granted to GRANTEE by this agreement shall terminate, and this agreement shall be of no further effect. 3 This agreement must be construed - and its performance enforced - under Texas law. This agreement, including the attached exhibits, constitutes the parties' entire agreement on this subject. There are no written or oral representations or understandings that are not fully expressed in this agreement. No change, waiver, or discharge is valid unless in writing that is signed by the party against whom it is sought to be enforced. The waiver of any breach of any term of this agreement does not waive any other breach of that or any other term. If any part of this agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. This agreement binds and inures to the benefit of the parties and their respective legal representatives, heirs, distributees, successors, and assigns. This Right of Way Agreement consideration of., and is contingent upon,, the consummation of a boundary adjustment between the City ofKeller and Town of approximately 17 acres of Grantor's Property will be removed from Rightboundaries and placed within the Town of Westlake's corporate boundaries. If both the Town of Westlake and the City of Keller have not passed ordinances effecting this change on or before April 30, 2001, then this of • be rd IN TESTIMONY WHEREOF, each GRANTOR has executed this conveyance this /(6 th day of March, 2001. Z. Scott Bradley, GRANIbR KePace'bradley, GRANTOR 011 BEFORE ME, the undersigned authority, on this day personally appeared SCOTT BRADLEY, known to me to be the 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 the th day of March, 2001. 'i JANET L PERONE MY COMMISSION EXPIRES . ..... November 21, 2004 L401 110 k NOT, PUBLIC, ATE OF TEAS U BEFORE ME, the undersigned authority, on this day personally appeared KELLY PACE BRADLEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the th day of March, 2001. --------- - -S JANEr L PERONE gtARY PUBLIC, STATE OF TEA MY COMMISSION EXPIRES November 21, 2DD4 K,V a m e :b,, H. o 1LY +d O1UPHONE - d11!RO (917) 429-9898 1% hWDRIGUEZRPIS jeIIqSurveyors,Inc.FAX - (817) 429-7676 EUGENE D. AItBEY, RTES 6850 MANHATTAN BLVD, #310 FORT WORTH, TEXAS 76120 BEING a 25,00 -feet wide strip of land out of the Jesse Gibson Survey, Abstract No. 592, 'Tarrant County, Texas, and being a portion of that tract as described in deed to Scott .Bradley and Kelly Pace Bradley recorded in Volume 13502, Page 90 of the .Beed .Records of Tarrant County, Texas, the centerline of said 25.00 -feet wide strip being more partic- ularly described as follows: COMMENCING at a 1/2 inch iron rod found, said point being the southeast comer of said Bradley tract; THENCE-' North 89 degrees 55 minutes 20 seconds West, along the south line of said Bradley tract, a distance of 12.50 feet to the POINT OF .BEGINNING of the center- line of said 25.00 -feet wide strip of land herein described; THENCE North 00 degrees 05 minutes 26 seconds East, at 12.50 feet west of and parallel to the east line of said Bradley tract, a distance of 625.96 feet to a point; THENCE in; a northerly direction, across said Bradley tract, the following courses and distances: Not 23 degrees 14 minutes 16 seconds East, a distance of 268.33 feet; North 4 degrees 36 minutes 45 seconds West, a distance of 159.38 feet; North 25 degrees 04 minutes '18 seconds gest, a distance of 104,22 feet; North 23 degrees 58 minutes 07 seconds East, a distance of 13 8.3 2 feet; North I I degrees 29 minutes 08 seconds East, a distance of 150.34 feet; North 19 degrees 57 minutes 41 seconds West, a distance of 370.29 feet; North 4 degrees 06 minutes 49 seconds East, a distance of 238.59 feet to a point in the approxiulate centerline of Dove Road, and also being the north line of said Bradley tract, said 25.00 -feet wide strip contai6ig 51,386 square feet of land. IN D E X E D-- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: G A I ASSOC RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 201190504 DR93 MD 04/12/2001 14:59 INSTRUMENT FEECD 1 D201079203 WD INDEXED TIME 20010412 14:59 CA T O T A L: DOCUMENTS: 01 F E E S: 25.00 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. DOVE ROAD /- 5/8' I.R. FND. N.4*06'49"E 238.59' lil Itl 11 lil Ij N.11 °29'08"E. 150.34' rir N.23*58'07"E 138.32' tc N. 23"14'1 6"E. 268.33' N.00*05'26"E. 625.96' 12. I f el 2.5' N. 19 *5 7'41 "W. 370.29' N. 25*04'1 8"W. 104.22' N.4*36'45"W. 159.38' 3/8" I.R. FND. CENTERLINE \-OF 25' PROPOSED SANITARY SEWER ESIVI'T. P.0.8--' \- P. 0. C. 1/2" I.R. FND. N.89'55'20"W 12.50' EXHIBIT SHOWING tSED 25' SANITARY SEWER EASEMENT ���n� DOVE �0�� /— uv .� /`u,.� , N.4*06'49"E. 238.59' .. w23'58'07'E.—\ 8/ 138.32' N00*05'6^E. ` N19`57'4l^YK 37[\2S' N.25*04'18^Ni 104.22' N.4*35'45^@i CENTERLINE `—o+ Z% PROPOSED SANITARY SEWER E5M'T. �0.B.—/ `—P(}C \ ,/rI.0 mm `—N.89'55'20^YK EXHIBIT SHOWING fSED 25' SANITARY SEWER EASEMENY