HomeMy WebLinkAboutOrd 273 Disannexing a portion of Circle T Ranch - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND
ORDINANCE NO. 273
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
KNOW ALL MEN BY THESE PRESENTS:
AN ORDINANCE DISANNEXING FROM THE TOWN OF WESTLAKE,
TEXAS, CERTAIN LAND GENERALLY SHOWN ON THE DRAWING
THAT IS ATTACHED HERETO AS EXHIBIT "A" AND THAT IS
HEREINAFTER DESCRIBED; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN ORDER DISANNEXING
LAND; AND PROVIDING EFFECTIVE DATES FOR THIS ORDINANCE
AND ORDER.
WHEREAS, the Town of Westlake, Texas, is a Type A general -law municipality located
in Tarrant and Denton Counties, Texas; and
WHEREAS, the land hereinafter described is currently shown by the Official Map of the
Town of Westlake to be within the corporate limits of the Town of Westlake; and
WHEREAS, the land hereinafter described consists of more thaw 10 o,Cres
o ti5uous a The lower e( Wes ke w(aic1, vci ois arfi a { `e a
Nn Ot `G.W941.n 0.se G"i rc 2 T
WHEREAS, the Ranch contains fewer than one occupied residence or business structure
for every two acres and fewer than three occupied residences or business structures on any one
acre; and
WHEREAS, Hillwood/Willow Bend, Ltd., Hillwood/822, Ltd., Hillwood/1088, Ltd.,
Lakeway Land, Ltd., and Lakeway Property Company, Ltd., the owners of the Ranch, have
expressed a desire to no longer be a part of the Town of Westlake and to be released into the
exclusive extraterritorial jurisdiction of the City of 'yrs' , Texas; and
WHEREAS, Section 43.144 of the Texas Local Government Code expressly allows the
land hereinafter described to be disannexed from the Town of Westlake under the circumstances
described above; and
DISANNEXATION ORDINANCECIRCLE T :Er
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07510.0019:0253864.01
WHEREAS, Section 42.023 of the Texas Local Government Code expressly allows the
Town of Westlake to reduce its extraterritorial jurisdiction by releasing the hereinafter described
land n from its extraterritorial jurisdiction into the exclusive extraterritorial jurisdiction of the City
of ^aawake.; and
WHEREAS, notice of the proposed adoption of this ordinance and order was duly
provided in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas
Government Code; and
WHEREAS, the Ranch is wholly within the boundaries of the Lake Turner Municipal
Utility District No. 1, No. 2, and No. 3 (collectively, the "MUDs"); and
WHEREAS, the MUDs were created by special acts of the Texas Legislature and cannot
be involuntarily dissolved by the Town of Westlake; and
WHEREAS, the MUDS have the power (under their enabling legislation and under the
Texas Water Code) to provide water, waste water, road, drainage and other improvements and
services adequate to meet the current and future needs of the Ranch; and
WHEREAS, the MUDs have capacity rights in existing water and sewer lines to serve
the Ranch; and
WHEREAS, the MUDS have the unlimited contract right to have waste water from the
Ranch treated by the Trinity River Authority; and
WHEREAS, the MUDS have been advised that the City of Fort Worth will enter into a
wholesale treated water contract with one or more of the MUDs; and
WHEREAS, the MUDs have entered into reimbursement agreements that will enable the
MUDs to finance all the improvements necessary to provide municipal services for the Ranch;
and
WHEREAS, based on the foregoing, the Mayor and governing body of the Town of
Westlake have determined that it is in the best interest of the Town of Westlake to disannex the
land hereinafter described and to release such land from its extraterritorial jurisdiction into the
exclusive extraterritorial jurisdiction of the City ofP,oay.oke,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
Di4ANNEXATION ORDINANCECIRCLE T 1L
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07510.0019:0253 864.01
The land more specifically described on Exhibit `B" attached hereto and incorporated
herein for all purposes is hereby unconditionally and irrevocably declared to be discontinued and
disannexed from the Town of Westlake and, when the attached order has been duly executed and
filed in the records of the Town of Westlake, such land shall immediately cease to be a part of
the Town of Westlake, Texas.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Town of
Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the Board of Aldermen that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared invalid, unenforceable
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the Board of Aldermen without the incorporation in this ordinance of any such
invalid, unenforceable or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
The Town Secretary of the Town of Westlake is hereby directed to immediately file this
ordinance in the records of the Town of Westlake when it is duly executed by the Mayor or
Mayor Pro -Tem. The Mayor or Mayor Pro -Tem is authorized to execute the attached order; and
when such order has been duly executed, the Town Secretary is hereby directed to immediately
file the executed order in the records of the Town of Westlake and cause an original or certified
copy of this ordinance and order to be immediately recorded in the deed records of Tarrant and
Denton Counties, Texas. In the event the Town Secretary should fail or refuse to perform the
duties required by this ordinance, the Board of Aldermen authorize either the Mayor or Mayor
Pro -Tem to perform such duties.
This ordinance shall be unconditionally and irrevocably effective and in full force and
effect when it is passed and approved by the Board of Aldermen. The attached order shall be
unconditionally and irrevocably effective and in full force and effect as provided in such order.
MANNEXATION ORDINANCE -CIRCLE SL
Page 3
07510.0019:0253864,01
This ORDINANCE AND ORDER DISANNEXING LAND is passed and approved
this 2nd day of May, 7997, at M.
ATTEST:
Gingen rosswy, Secrel2by
Date: May 2, 1997
AP ROVED AS TO FORM
A D LEGALITY:
Bill Wood, Town Attorney
Date: May 2, 1997
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
SIGNED:
MAYOR
Carroll Huntress, MAYOR PRO -TEM
This instrument was acknowledged before me on the 2nd day of May, 1997, by
Mayor of the Town of Westlake.
+'
Notary Public in and for
My Commissio p}res:
the State of Texas
,
D15ANNEXATION ORDINAN -CIRCLE -0:-
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07510.0019:0253864.01
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
r'.
This, instrument was acknowledged before me on the 2nd day of May, 1997, by
C r E �� „ M,1( c c <;. ,Mayor Pro -Tem of the Town of Westlake.
Notary Public in and for
My Co fission Expires:
the State of Texas
.¢.
KRISTA AEl1FHUR;
Nosy Fublla
My"A7-E OF7'EXA.9
EW.®ylgyg
DISANNEXATION ORDINANCECIRCLE T TC
Page 5
07510.0019:0253864.01
ORDER DISCONTINUING AND DISANNEXING LAND
FROM THE TOWN OF WESTLAKE, TEXAS
IT IS HEREBY ORDERED that the land described in Exhibit "A" attached to and
made a part of this ordinance is hereby immediately, unconditionally and irrevocably
discontinued as a part of, and disannexed from, the Town of Westlake, Texas.
This order, and the resulting discontinuation and disannexation of the land described
in Exhibit "A,"is effective this 2nd day of May, 1997, at- 'a —6±-.M. (which is the date
and time this order is entered into the records of the Town of Westlake).
ATTEST: SIGNED:
v i
Ginger rosswy, Secreta MAYOR
Date: May 2, 1997
AP ROVED AS TO FORM
LEGALITY: Carroll Huntress, OR PRO -TEM
i . . e 0 n
Bill Wood, Town Attorney
Date: May 2, 1997
DISANNEXATION ORDINANCECIRCLE T-9-
Page 6
075 10,0019 0 2 5 3 964.01
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
This instrument was acknowledged before me on the 2nd day of May, 1997, by
f . {, i fv'E , Mayor of the Town of Westlake.
Notary Public in and for
My Commission Expires:
THE STATE OF TEXAS
COUNTIES OF TARRANT §
AND DENTON s
the State of Texas
This instrument was acknowledged before me on the 2nd day of May, 1997, by
Mayor Pro -Tem of the TPwn of Westlake.
�. 'f'' �, �rg
f/�q1,
Lg {
Notary Public in and for
My commission Exrygpires:
e�R t' � f� e, 4
I `
the State of Texas
DISANNEXATION ORDINANCE -CIRCLET IC
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07510.0019.0253 864.01
Drawing of Land
Discontinued and Disannexed from the Town of Westlake, Texas
D15ANNEXATION ORDINANCE - CIRCLE Tzi
Page 8
07510.0019:0253 864.01
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Property Description of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DISANNEXATION ORDINANCE - CIR LE T
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07510.0019:0253 864.01
EXHIBIT By ,--nom( (
"TRACT A•
LEGAL DESCRIPTION
BEING a tract of land situated in the M. E. P. & PRR. Co. Survey, Abstract No. 923, Denton
County, Texas and being a portion of Tract 2 of the land described in the deed to
Hillwood/Willow Bend, Ltd. and recorded in County Clerk's File No. 95-R0027449, Real Property
Records of Denton County, Texas, said tract of land being more particularly described by metes
and bounds as follows:
COMMENCING at the northwest comer of Tabernacle Baptist Church tract as recorded in
Volume 714, Page 459, said County Reoords, said point being in the easterly right-of-way line of
State Highway No. 377;
THENCE N 24049'42"E, 503.88 feet along said easterly right-of-way;
THENCE N 89°58'11"E, 1324.25 feet;
THENCE S 00°11'31"W, 176.40 feet;
THENCE S 84°33'33"E, 647.67 feet;
THENCE N 00014'07"E, 1232.88 feet;
THENCE N 23°37'11"E, 76.34 feet;
THENCE N 89°59'16"E, 637.62 feet to the POINT OF BEGINNING;
THENCE N 00°06'29"W, 622.79 feet;
THENCE N 70°41'10"W, 334.98 feet;
THENCE N 23039'41"E, 561.78 feet;
THENCE S 84°32'00"E, 449.69 feet;
THENCE N 00°28'37"W, 44.00 feet;
THENCE N 89050'17"E, 1593.09 feet;
THENCE S 00°22'19"E, 1264.88 feet to a comer of Lee tract;
THENCE N 88055'08"W, 285.09 feet;
THENCE N 89048'19"W, 1671.70 feet to the POINT OF BEGINNING and containing 58.847
acres of land, more or less.
May Z 1997
NAX)O 71406 A1MM71406M.EB1 Page 1 of 1
CV-1nr3'r 8 7T- Z
WESTLAKE TRACT NORTHWEST OF SH 170
BEING a tract of land situated in the Richard Eads Survey, Abstract No. 393, Denton
County, Texas, and being a portion Tract 2 as described by deed to Hillwood/Willow Bend,
Ltd. and recorded in clerk's filing No. 95-R0027449, Real Property Records, Denton
County, Texas, said tract being more particularly described as follows:
BEGINNING at the southwest comer of that 18.103 acre tract of land described in a deed
to HCA/Columbia Hospital, said point being in the boundary line of said Tract 2;
THENCE Easterly, 373 feet, more or less, along the southerly line of said Hospital tract to
a point in the northwesterly line of State Highway No.170, the beginning of a curve to the
left;
THENCE Southwesterly along the arc of said curve to the left, 770 feet, more or less, to
a point in Ottinger Road;
THENCE Northerly along Ottinger Road to the boundary of said Tract 2;
THENCE beginning in an easterly direction clockwise along the boundary line of said tract
2 to the POINT OF BEGINNING and containing 3 acres of land, more or less.
C&B Job No.971303010
J:\JOB\9713030lkSURXLEGALXTR23.LG