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Home My WebLink AboutOrd 277 Disannexing the property of HCA Columbia Hospital Corp. - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 277 STATE OF TEXAS § COUNTY DENNTON § 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, HCA Columbia Hospital Corporation, the owner of the land hereinafter described, has 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 Roanoke, 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 HCA COLUMBIA HOSPITAL CORPORATION 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 Roanoke; 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 Roanoke. 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 ordinance, since the same would have been enacted by the Board of Aldermen without the DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION 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,' 2.1 QM. ATTEST: Inger Crosswy, Se etary 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 HCA COLUMBIA HOSPITAL CORPORATION Page 3 07510.0019:0253860.01 COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 197, by -� Z_ (A-Ati, e Mayor of the Town of Wcstlake. -7/p a r Notary Public in and for My Commission Expires: THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas rThis instrument was acknowledged before me on the 2nd day of May, 197, by , Mayor Pro -Tem of the To of Westlak . Notary Public in and for the State of Texas My Commission Expires: �?EHURST 71- DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION 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, at 7 ` Z- I (FM. (which is the date and time this order is entered into the records of the Town of Westlake). ATTEST: -t—'O, inCi ger Crosswy, S6efary Date: May 2, 1997 APPROVED AS TO FORM A7 LEGALITY: — Bill Wood, Town Attorney Date: May 2, 1997 SIGNED:-Aayff li / ,MAYOR Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION Page 5 07510.0019:0253560.01 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 We tlake. a j GA t _ alt Notary Public in and for My Commission Expires: THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas 1 I ` 1/ • f 1 ° t This i strument was acknowledged before me on the 2nd day of May, 197, by Mayor Pro -Tem of the iTo)vn of Westlake. f rn—rte� Notary Public in and for My Co issi n Expires: G� the State of Texas $O``ppv P�6 M"TA IANETTE HU..T Notary Public y STATE O TEXAS My Carom [ �. G2110/9S w 2� SA4--T.F&7E DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION Page 6 07510.0019:0253860.01 EXHIBIT "A" Drawing of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION Page 7 07510.0019:0253860.01 m N I os ` _.JY q :: -a; is � .; !ss lam�)•- - r•f 9y F S)44 -S' nt12�_Y¢ & r c3€S e= to s) C ti_a a 1 �= ;.:D + 52 ez:i a Til H i�F)yC,i al Di• 34 02 ss sc t ai. I- Z,, .-I- i• ts%��1°� C i jc_gs�lti_439 .< 7 = s 6 g SUR E' sii_. � , .1 .. SE � 3• X. ` _.JY q :: -a; is � .; !ss lam�)•- - r•f 9y F S)44 -S' nt12�_Y¢ & r e= to s) C ti_a a 1 �= ;.:D + 52 ez:i a Til H i�F)yC,i al Di• 02 ss sc ai. � sst2at".• i• ts%��1°� C i jc_gs�lti_439 .< : sii_. � , .1 .. SE � 3• X. 111.4 [ (Stili it a=�1 F1MY+C1.a4� _.JY q :: -a; is � .; !ss lam�)•- 1 Is ni e= to s) C ti_a a 1 �= ;.:D + 52 ez:i a Til H al Di• 02 ss sc t Wi ! Yxee v r:vY� rn niu� cane � �rmwc .mmo Y n �. uw YR v)v6 C EXHIBIT `B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE HCA COLUMBIA HOSPITAL CORPORATION Page 8 07510.0019:0253860.01 EXHIBIT 'B' PROPERTY DESCRIPTION HCA HOSPITAL CORPORATION This property is comprised of one tract of land totaling approximately 18 acres located on the west side of the intersection of State Highway 114 and State Highway 170 in Denton County, Texas, as generally shown on the attached Exhibit 'A' and as further described below. BEING a tract of land situated in the Richard Eads Survey, Abstract No. 393, and being a portion of Tract 2 of that tract of land described by deed to Hillwood/Willow Bend, Ltd., A Texas Limited Partnership in Volume 93-R0075228, County Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said tract, said point being in Dallas Drive; THENCE N 89053'16"E, 608.94 feet (previously recorded as N 89052'37"E, 609.14 feet) to a 5/8 inch iron rod with yellow plastic cap stamped "Carter & Burgess" set in the west right-of-way line of State Highway 114, said point also being the beginning of a curve to the left; THENCE 762.45 feet along the arc of said curve to the left and along said right-of-way, through a central angle of 15°08'36", and having a radius of 2,884.80 feet, the long chord bears S 44008'38"E, 760.24 feet to a State Highway Department monument found; THENCE S 08035'29"W, 69.38 feet (previously recorded as S 08°35'39'W, 69.39 feet) to a State Highway Department Monument found in the north right-of-way line of State Highway 170, said point being the beginning of a curve to the left; THENCE 466.45 feet along the arc of said curve to the left, and along said right-of-way, through a central angle of 11°33'37", and having a radius of 2,311.83 feet, and a long chord bears S 63°05'43"W, 465.66 feet to a State Highway Department Monument found, said point also the beginning of a curve to the left; THENCE 418.37 feet along the arc of said curve to the left and continuing along said right-of-way through a central angle of 06014'34", having a radius of 3,839.72 feet and a long chord that bears S 54°11'37'W, 418.16 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; THENCE N 90000'00"W, 372.81 feet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set in west line of Tract 2; THENCE N 00000'28"E (previously recorded as N 00°15'46VV), 832.73 feet with the west line of Tract 2 to a 1/2 inch iron rod found; C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR2.LG Page 1 of 2 THENCE S 86018'21"E (previously recorded as S 86027'17"E), 145.97 feet to a 1/2 inch iron rod found; THENCE N 03014'15"E, 57.15 feet (previously recorded as N 03052'08"E, 57.06 feet) to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set; THENCE N 83034'34"E, 168.59 feet (previously recorded as N 83015'05"E, 168.19 feet) to 5/8 inch iron rod found; THENCE N 00006'42"W (previously recorded as N 00°06'55"V1), 144.37 feet to a 1/2 inch iron rod with red cap stamped "RPLS #2912" found; THENCE S 89053'18"W, 317.25 feet (previously recorded as S 89038'31"W, 317.37 feet) to a 1/2 inch iron rod with red cap stamped "RPLS #2912" found; THENCE N 00018'40"E, 25.32 feet (previously recorded at N 00°20'29"W, 25.00 feet) to a found railroad spike and the POINT OF BEGINNING and containing 804,223 square feet or 18.462 acres of land, less 15,658 square feet in Dallas Drive leaving a net of 788,564 square feet or 18.103 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:WOB\97130301\SUR\LEGAL\TR2.LG Page 2 of 2