Loading...
HomeMy WebLinkAboutOrd 279 Disannexing the property of Howard Dudley - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 279 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, Howard and Sherry Dudley, 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 - ALDERMEN DUDLEY Page 1 07510.0019:0253886.01 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 DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 2 07510.0019:0253886.01 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 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 : 3,r 4.M. ATTEST: SIGNED: Z25�� Ginger Crosswy,r to ary MAYOR Date: May 2, 1997 APPROVED AS TO FORM A D EGALITY: 1 Wood, Town Attorney Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 3 07510.0019:0253886.01 Date: May 2, 1997 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 1997, by i Yt tip ( i ,fix; Mayor of the Town of TWes"i tet e� (i Notary Public in and for 1 the State of Texas My Commission Expires: f THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON r.. This instrument was acknowledged before me on the 2nd day of May, 1997, by 4`s c' 3; j,L t r S S , Mayor Pro -Tem of the To of Westlake., J i liF ✓.,..� w. �'LFLY. r Notary Public in and f6rr the State of Texas My Commission Expires: DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 4 07510.0019:0253886.01 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 . f I f M. (which is the date and time this order is entered into the records of the Town of Westlake). ATTEST: Inger Crosswy, Se taffy Date: May 2, 1997 APPROVED AS TO FORM AND�LEGALITY: L t Il Wood, Town Attorney Date: May 2, 1997 Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 5 07510.0019:0253886.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 1997, by _. � y � 1.; ,^-�,___. , Ma or of the Town of Wes lake. Notary Public in and for the State of Texas My Commission Expires: 'a I THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON KRISTA LMEM HUI4 STAVEpLtk p TEKO MY COMM. Exp, OM (, This instrument was acknowledged before me on the 2nd day of May, 1997, by l Mayor Pro -Tem of the Town of Westlake. a1�t n_f'CK, ✓iJL b't Notary Public in and f r the State of Texas My Commission Expires: STXTEP T MY COMM. Exp. pyt0l98 DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 6 07510.0079:0253886.01 EXHIBIT "A" Drawing of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 7 07510.0019:0253886.01 EXHIBIT ' A' DOVE ROAD EXHIBIT `B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE - ALDERMEN DUDLEY Page 8 07510.0019:0253886.01 EXHIBIT 'B' PROPERTY DESCRIPTION HOWARD AND SHERRY DUDLEY This property is comprised of two tracts of land and a portion of Dove Road located on the north and east sides of Dove Road west of the intersection of Dove Road and State Highway 114, west of the intersection of Dove Road and Sam School Road (County Road 3088), and east of the intersection of Dove Road and Precinct Line Road in Tarrant County, Texas, commonly known as 1650 Dove Road, Roanoke, Texas, Zip Code 76262. These tracts of land are generally shown on the attached Exhibit "A" further described below. TRACT A BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas, and being all of that 21.22 acre tract and that 83.47 acre tract of land described in a Deed to Howard Dudley as recorded in Volume 4888, Page 622, County Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the northeasterly comer of said 21.22 acre tract; THENCE Southerly, past the southeast comer of said 21.22 acre tract and the northeast comer of said 83.47 acre tract and the northwest comer of that tract of land described in a Deed to Dale White as recorded in Volume 3935, Page 631 of said County Records, then along the line common to said Dudley and White tracts 2390 feet more or less to the northerly line of Dove Road (an approximately 50 foot wide public right-of-way); THENCE Westerly, northwesterly and northerly along said right-of-way line approximately 3985 feet to the northwest comer of said 21.22 acre Dudley tract; THENCE Easterly, 2000 feet to the POINT OF BEGINNING and containing 104 acres of land, more or less. TRACT B BEING a 50 foot wide strip of land situated in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas, and being a portion of that tract of land as described by deed to I.B.M Corporation and recorded in Volume 7376, Page 1765, County Records, Tarrant County, Texas, said strip of land being more particularly described as follows: COMMENCING at the southeast comer of said I.B.M tract, said point being in the northerly line of the Howard Dudley tract as recorded in Volume 4888, Page 622, said County Records; THENCE Westerly, 151 feet along the common line between said I.B.M. tract and said Dudley tract to the POINT OF BEGINNING; THENCE Westerly, 45 feet continuing along said southerly line; May 2, 1997 J:UOM97130301M LLEGAUTRUIG Page 1 of 2 THENCE Westerly, 1347 feet continuing along said southerly line and the northerly line of Dove Road to the beginning of a curve to the right; THENCE Northwesterly, 241 feet along said curve and along the boundary line of said I.B.M. tract and the northerly and the easterly line of said Dove Road; THENCE Northerly, 50 feet continuing along the boundary of said I.B.M. tract and the east line of said Dove Road; THENCE Easterly, 50 feet to a line 50 feet east from the boundary line of I.B.M. tract and the east line of said Dove Road; THENCE Southerly, 50 feet along said line 50 feet east from the boundary line of I.B.M. tract and the east line of said Dove tract to the beginning of a curve to the left; THENCE Southeasterly, 162 feet along said curve and continuing along said line 50 feet east of the east and north line of said I.B.M. tract and also the north line of said Dove Road; THENCE Easterly, 1397 feet along a line 50 feet north from the boundary line of said I.B.M. tract and also the north line of said Dove Road; THENCE Southerly, 95 feet to the POINT OF BEGINNING and containing 2 acres of land, more or less. TRACT C BEING a portion of Dove Road which is a 50 foot wide public right-of-way situated in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the point where the easterly line of that tract of land described in a Deed to Howard Dudley as recorded in Volume 4888, Page 622, intersects the northerly line of said Dove Road; THENCE Southerly, 50 feet, an extension of the easterly line of said Dudley tract to the southerly line of said Dove Road; THENCE Westerly, northwesterly, and northerly, 3850 feet along the right-of-way line of said Dove Road to the beginning of a curve to the left, said point being 150 feet, more or less, southerly of the north line of said Dudley tract; THENCE Easterly, across said Dove Road, 50 feet to the easterly line of said road and in the boundary line of said Dudley tract; THENCE Southerly, southeasterly, and easterly, 3825 feet along the line common to said Dudley tract and the right-of-way line of said Dove Road to the POINT OF BEGINNING and containing 4.5 acres of land, more or less. May 2, 1997 J:U0W97130301=R\LEGAL\TR14.LG Page 2 of 2 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF ('nit° � ir't § BEFORE ME, the undersigned authority, on this day personally appeared Howard Dudley, 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 115 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 _X (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 - DUDLEY PAGE 1 07510.0019:0254238.01 EXECUTED this ) day of May, 1997. HowardDudley SWORN TO AND SUBSCRIBED BEFORE ME on this Y'tt day of May, 1997. moo`°' Y'O®� I�iISTA LANkTIE HUAST Notary Public, State of Texas sraF rDtA� s Print Name:f�tcGY- ov h My Comm. F>�. 02lt0/99 My Commission Expires: f b [NOTARY SEAL] ACKNOWLEDGMENT THE STATE OFTEXAS§ COUNTY OF 1 `� Y f C'� V 1� § This instrument was acknowledged before me on May 1997, by Howard Dudley for the purposes and in the capacity above stated. =°Sc�Y °Us�o IQiIST� LANETiE HORST No ary Public, State of Texas (() NotBPy PubOC I -C `� " My comm. Ems. 07/10199 Print Name: t, My Commission Expires: 1 7 et [NOTARY SEAL] AFFIDAVIT - DUDLEY PAGE 2 07510.0019:0254238.01