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Home My WebLink AboutOrd 278 Disannexing the property of Owen Carpenter and Jerry Moore - Voided 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 278 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, Owen Carpenter and Jerry and Judy Moore, 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 CARPENTER - MOORE 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 CARPENTER -MOORE 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 ofMay, 1997, at 7.`2-`fC� .M. ATTEST: r _ Ginger Crosswy, retary Date: May 2, 1997 APPROVED AS TO FORM Vw EGALITY: Al Wood, Town Attorney Date: May 2, 1997 SIGNED: MAYOR / to Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE CARPENTER - MOORE 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 (, ,1 Mayor of the Town o7estlak� e. t} _,�.-�1 1 1 k T v' 'CV141 Notary Public in and for My Commission Expires: THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § the State of Texas � 4 n II Y ♦ 1 1\'. I • a i u A 1 ♦ ,c This instrument was acknowledged before me on the 2nd day of May, 197, by Mayor Pro -Tem of the Token of Westlake. Notary Public in and for My Commission Expires: � 1 1 the State of Texas DISANNEXATION ORDINANCE CARPENTER - MOORE 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 3.'-2-` (.M. (which is the date and time this order is entered into the records of the Town of Westlake). ATTEST: /17 Inger Crosswy, Se taPy Date: May 2, 1997 APPROVED AS TO FORM � LEGALITY: I Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: MAYOR Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE CARPENTER - MOORE 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 Ch� -Q L ( t%}1,A�— , Mayor of the Town of Westlake. 1 sem, �'j'u t . Notary Public in and for My Commission Expires: I I Com_) THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas This instrument was acknowledged before me on the 2nd day of May, 197, by Mayor Pro -Tem of the T�wn of Westlake. n a p ry ! ( '\ --44 f l ( Uv V v� r 'th_ Notary Public in and for My Commission Expires: the State of Texas DISANNEXATION ORDINANCE CARPENTER - MOORE Page 6 07510.0019:0253860.01 EXHIBIT "A" Drawing of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE CARPENTER -MOORE Page 7 07510.0019:0253860.01 L no ^EXNIBIt A� TPACrS z W, z 0 AS ffeW ROAD LLI z LJ ui z z 0 z W, z 0 AS ffeW EXHIBIT "B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE CARPENTER -MOORE Page 8 07510.0019:0253860.01 EXHIBIT `B' PROPERTY DESCRIPTION JERRY AND JUDY MOORE AND OWEN CARPENTER This property is comprised of two tracts of land (Tracts A and B) 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. Ottinger Road, and west of the intersection of Dove Road and Pearson Lane in Tarrant County, Texas, commonly known respectively as 2399 J.T. Ottinger 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. TRACT A JERRY N. MOORE 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. TRACT B OWEN CARPENTER 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. Ottinger Road. TRACT C 1. Any land situated between Tract A and Tract B; 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\TR11.LG Page 1 of 1 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF ! 0 u` t r24 § BEFORE ME, the undersigned authority, on this day personally appeared Jerry Moore, a member of the Board of Aldermen of the Town of Westlake, Texas (the "Town"), personally known to me and upon his or her oath deposes and states the following: 1. I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the Board of Aldermen of the Town of Westlake, Texas, as those terms are defined in Chapter 171 of the Texas Local Government Code. The business entity or real property is: [name and address of business and/or description of real property] Approximately 14 acres of land located in the Town of Westlake. 2. I have a substantial interest in this business entity or real property for the following reasons (check all which apply): (a) The interest is ownership of 10% or more of the voting stock or shares of the business entity; or (b) The interest is ownership of 10% or $5,000 or more of the fair market value of the business entity; or (c) Funds received from the business entity exceed 10% of (my/her/his) gross income for the previous year; or (d) Real property is involved and I have an equitable or legal ownership with a fair market value of $2,500 or more. Upon the filing of this affidavit with the official recordkeeper of the Town, I affirm that I shall abstain from any discussion, vote or decision involving this business entity or real property and from any further participation in this matter whatsoever except as otherwise may be permitted by Chapter 171 of the Texas Local Government Code. AFFIDAVIT - MOORE PAGE 1 07510.0019:0254238.01 EXECUTED this 1 day of May, 1997. rry Mo'(de THE STATE OF TEXAS § COUNTY OF O r (LO.. § atd' This instrument was acknowledged before me on May 1997, by Jerry Moore for the purposes and in the capacity above stated. [NOTARY SEAL] Not4y Public, State of Texas PrintName: My Commission Expires: h AFFIDAVIT - MOORE PAGE 2 07510.0019:0254238.01 C r� cx SWORN TO AND SUBSCRIBED BEFORE ME on this J ` day of May, 1997. h } a °UB4o KRISTALANEnEHURST Nowey PubRa ' Not Public, State of Texas STATE OF TEXAS My Comm. Exp. 02110/94 Print Name: h / L My Commission Expires: ✓ Lf [NOTARY SEAL] s ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF O r (LO.. § atd' This instrument was acknowledged before me on May 1997, by Jerry Moore for the purposes and in the capacity above stated. [NOTARY SEAL] Not4y Public, State of Texas PrintName: My Commission Expires: h AFFIDAVIT - MOORE PAGE 2 07510.0019:0254238.01