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HomeMy WebLinkAboutOrd 276 Disannexing the property of Robert Gunnels and Melvin Farrell - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 276 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 at least 10 acres contiguous to the Town of Westlake; and WHEREAS, the land hereinafter described 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, Robert and Linda Gunnels and Melvin and Linda Farrell, the residents and owners of the land hereinafter described, have expressed a desire to no longer be a part of the Town of Westlake and to be exclusively within the extraterritorial jurisdiction of the City of Fort Worth, 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 ORDINANCE GUNNELS AND FARRELL Page 1 07510.0019:0253860.01 WHEREAS, Section 42.023 of the Texas Local Government Code expressly allows the Town of Westlake to release the hereinafter described land exclusively into the extraterritorial jurisdiction of the City of Fort Worth; 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 Mayor and governing body of the Town of Westlake have determined that municipal services will be available to fully serve the land hereinafter described; and WHEREAS, 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 exclusively into the extraterritorial jurisdiction of the City of Fort Worth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 2 07510.0019:0253860.01 ordinance, since the same would have been enacted by the Board of Aldermen without the incorporation in this ordinance of any such 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. SECTION 5. 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 idrrevocably effective and in full force and effect as provided in such order. This ORDINANCE AND ORDER DISANNEXING LAND is passed and approved this 2nd day of May,1997, at 7:/(0 l .M. ATTEST: Ginger Crosswy, Skretary Date: May 2, 1997 APPROVED AS TO FORM A LEGALITY: Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: MAYOR Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 3 07510.0019:0253860.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 197, by Mayor of the Town of Westlake. Notary Public in and for My Commission Expires: I r�� THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas r'%This linstrument was acknowledged before me on the 2nd day of May, 197, by Mayor Pro -Tem of the Tow of Westlake., 7- ([ . j Notary Public in and for My Commission Expires: the State of Texas 1' � 1 1 1 f ^ 1 l DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 4 07510.0019:0253860.01 ORDER DISCONTINUING AND DISANNEXING LAND FROM THE TOWN OF WESTLAKE, TEXAS IT IS HEREBY ORDERED that the land described in Exhibit `B" attached to and made a part of this ordinance is hereby immediately, unconditionally and irrevocably discontinued as a part of, and dissannexed 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, atf M. (which is the date and time this order is entered into the records of the Town of Westlake). ATTEST: i Inger Crosswy, Wretary Date: May 2, 1997 APPROVED AS TO FORM TEGALITY: Bill—Wood, Town Attorney Date: May 2, 1997 SIGNED: MAYO Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 5 07510.0019:0253860.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 197, by JL,- , Mayor of the Town of Wes ake. —41 i Notary Public in and for the State of Texas My Commission Expires: u THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON ('\This instrument was acknowledged before me on the 2nd day of May, 197, by SSk A ::k ` S Mayor Pro -Tem of the TowAof Westlake. (j, Notary Public in and for My Commission Expires: iii the State of Texas DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 6 07510.0019:0253 860.01 EXHIBIT "A" Drawing of "Disannexed Land" DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 7 07510.0019:0253860.01 rY Y N' AG 0 GUN NF-L'3/FPP-RFL-L- I EXHIBIT `B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE GUNNELS AND FARRELL Page 8 07510.0019:0253860.01 EXHIBIT `B' PROPERTY DESCRIPTION ROBERT AND LINDA GUNNELS AND MELVIN AND LINDA FERRELL This property is comprised of four contiguous tracts of land located on the east side of Roanoke Road south of the intersection of Roanoke Road and State Highway 170, and north of the intersection of Roanoke Road and Oak Trail in Tarrant County, Texas. These tracts of land are generally shown on the attached Exhibit `A' and are further described below. TRACT A ROBERT GUNNELS BEING a tract of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas and being a portion of that tract of land as described by deed to Robert Gunnels and recorded in Volume 7165, Page 2330, County Records, Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at the southeast corner of said Gunnels tract, also the northeast corner of Charles G. Slocum tract as recorded in Volume 7165, Page 2322 said County Records; THENCE Westerly 2,635 feet, more or less, along the common line between said Gunnels tract and said Slocum tract to the east line of County Road 4060 (Roanoke Road); THENCE Northerly 160 feet, more or less, along the east line of said road to the southerly line of Melvin Farrell tract as recorded in Volume 3186, Page 400, said County Records; THENCE Easterly 236 feet along the common line between said Gunnels tract and said Farrell tract (Volume 3186, Page 400 and Volume 5602, Page 475); THENCE Northerly 185 feet, more or less, along the common line between said Gunnels tract and said Farrell tract to a point in the boundary line of Hillwood/Willow Bend, Ltd., Tract 2, as recorded in Volume 11961, Page 1639, said County Records; THENCE Easterly 2,394 feet, more or less, along the common line between said Gunnels tract and said Hillwood/Willow Bend Tract 2 to the northeast corner of said Gunnels tract; THENCE Southerly 346 feet, more or less, along the common line between said Gunnels tract and said Hillwood/Willow Bend Tract 2 to the POINT OF BEGINNING and containing 20 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR7.LG Page 1 of 4 TRACT B BEING a strip of land situated in the J. Gibson Survey, Abstract No. 592, Tarrant County, Texas, and being a portion of that tract of land described as Tract 2 in the Deed to Hillwood/Willow Bend, Ltd. and recorded in Volume 11961, Page 1639, County Records, Tarrant County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Charles G. Slocum tract as recorded in Volume 7165, Page 2322, said County Records, said point being a corner of said Hillwood/Willow Bend, Ltd. Tract 2; THENCE Northerly, 319 feet along the common line between said Hillwood/Willow Bend, Ltd. tract and said Slocum tract and then continuing northerly 50 feet along the common line between said Hillwood/Willow Bend, Ltd., Tract 2, and the Gunnels tract as recorded in Volume 7165, Page 2330, said County Records; THENCE Easterly, 50 feet perpendicular to the common line between said Hillwood/ Willow Bend, Ltd. Tract 2 and said Slocum tract to a point 50 feet east from said common line; THENCE Southerly, 676 feet, more or less, along a line 50 feet east of and parallel to the common line between said Slocum tract and said Hillwood/Willow Bend, Ltd., Tract 2, to a point 50 feet north of said Hillwood/Willow Bend, Ltd., Tract 2, boundary line; THENCE Westerly, 50 feet along a line 50 feet north of and parallel to said Hillwood/ Willow Bend, Ltd. Tract 2 boundary line; THENCE Northerly, 307 feet, more or less, to the POINT OF BEGINNING and containing 1 acre of land, more or less. TRACT C MELVIN R. FARRELL BEING a tract of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas and being all of the tracts of land as described by deed to Melvin R. Farrell and recorded in Volume 3186, Page 400 and Volume 5602, Page 475, County Records, Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at the northwest corner of said Melvin R. Farrell tract (Volume 3186, Page 400), said point being a corner of Hillwood/Willow Bend, Ltd. Tract 2 as recorded in Volume 11961, Page 1639, said County Records; C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR7.LG Page 2 of 4 THENCE Easterly 238 feet, more or less, along the common line between said Farrell tract and said Hillwood/Willow Bend, Ltd. Tract 2 to the northeast corner of said Farrell tract (Volume 5602, Page 475) in the west line of Robert Gunnels tract as recorded in Volume 7165, Page 2330, said County Records; THENCE Southerly 185 feet, more or less, along the common line between said Farrell tract and said Gunnels tract to the southeast corner of said Farrell tract; THENCE Westerly 238 feet, more or less, along the common line between said Farrell tract and said Gunnels tract to the southwest corner of said Farrell tract in the east line of County Road 4060 (Roanoke Road); THENCE Northerly 185 feet, more or less, along the east line of said road to the POINT OF BEGINNING and containing 1 acre of land, more or less. TRACT D BEING a strip of land, 50 foot wide, situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land described as Tract 2 in the Deed to Hillwood/Willow Bend, Ltd, and recorded in Volume 11961, Page 1639, County Records, Tarrant County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of the Robert Gunnels tract as recorded in Volume 7165, Page 2330, said County Records, also being a corner of said Hillwood/Willow Bend, Ltd. Tract 2; THENCE Westerly, 2494 feet along the common line between said Gunnels tract and said Hillwood/Willow Bend, Ltd. Tract 2 and along the common line between Melvin Farrell tract (Volume 3186, Page 400 and Volume 5602, Page 475) and said Hillwood/ Willow Bend, Ltd. Tract 2; THENCE Northerly, 50 feet, perpendicular to said common line to a point 50 feet north from said common line; THENCE Easterly, 2544 feet along a line 50 feet north and parallel to said common line to a point 50 feet east of the east line of Gunnels tract and also 50 feet east of said common boundary line of Hillwood/Willow Bend, Ltd. Tract 2 boundary line; THENCE Southerly, 346 feet, more or less, along a line 50 feet east of and parallel to the common line between said Gunnels tract and said Hillwood/Willow Bend, Ltd. Tract 2, THENCE Westerly, 50 feet to a point in the east line of said Gunnels tract and the boundary line of said Hillwood/Willow Bend, Ltd. Tract 2; C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR7.LG Page 3 of 4 THENCE Northerly, 295 feet along the common line between said Gunnels tract and said HillwoodAA/illow Bend, Ltd. Tract 2 to the POINT OF BEGINNING and containing 3 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR7.LG Page 4 of 4