HomeMy WebLinkAboutOrd 280 Disannexing the property of Al Oien - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND
ORDINANCE NO. 280
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, Alvin F. Oien, Jr. and Carol Oien, 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
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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 - ALDERMEN
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07510.0019:0253886.01
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 " D fm.
ATTEST: ATTEST:
Ginger Crosswy, S rc etary
Date: May 2, 1997
APPROVED AS TO FORM
A EGALITY:
B11 ood, Town Attorney
Date: May 2, 1997
SIGNED:Z
MAYOR
Carroll Huntress, MAYOR PRO -TEM
DISANNEXATION ORDINANCE - ALDERMEN
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075100019:0253886.01
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
This instrument was acknowledged before me on the 2nd day of May, 1997, by
Mayor of the Town of Westlake.
Notary Public in and for
My Commission Expires:
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
the State of Texas
v This instrument was acknowledged before me on the 2nd day of May, 1997, by
L. l d Ciyt C'� S5 Mayor Pro -Tem of the Town of Westlake.
Notary Public in and for
My Commission Expires:
r
the State of Texas
DISANNEXATION ORDINANCE - ALDERMEN
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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 IM. (which is the date
and time this order is entered into the records of the Town of Westlake).
ATTEST:
1A
Inger Crosswy, Se6ktary
Date: May 2, 1997
APPROVED AS TO FORM
N LEGALITY:
ill Wood, Town Attorney
Date: May 2, 1997
SIGNEfDD:
7 ,MAYOR
Carroll Huntress, MAYOR PRO -TEM
DISANNEXATION ORDINANCE - ALDERMEN
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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
�-Q-- , Mayor of the Town of Wes lake.
Notary Public in and for
My Commission Expires:
THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
the State of Texas
w ;
X11 a y 7
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This instrument was acknowledged before me on the 2nd day of May, 1997, by
u VA 'v ? !� `a ,Mayor Pro -Tem of the Town of Westlake. estl/a(µk�e.(f p �{{{{ iv
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i Notary Public in and for
My Commission Expires:
the State of Texas
DISANNEXATION ORDINANCE - ALDERMEN
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07510.0019:0253886.01
EXHIBIT "A"
Drawing of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DISANNEXATION ORDINANCE - ALDERMEN
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07510.0019:0253886.01
EXHIBIT `B"
Property Description of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DISANNEXATION ORDINANCE - ALDERMEN
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EXHIBIT'B'
PROPERTY DESCRIPTION
ALVIN AND CAROL OIEN
This property is comprised of one tract of land (Tract A) and a portion of Dove Road (Tract
B) located on the north side of the southern boundary 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 1440 Dove Road,
Roanoke, Texas, Zip Code 76262. These tracts of land are generally shown on the
attached Exhibit 'A' and are further described below.
TRACT A
ALVIN OIEN, JR.
BEING a tract 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 in a deed to Alvin F.
Oien, Jr. as recorded in Volume 4181, Page 644, County Records, Tarrant County, Texas
and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Oien tract, being the northeast corner of the
tract of land described in a Deed to Dale White, as recorded in Volume 3935, Page 631,
said County Records;
THENCE Easterly, along the north line of said Oien tract, 825 feet, more or less, to a point
50 feet westerly of the northeastern corner of said Oien tract;
THENCE Southeasterly, along a line which is 50 feet from and parallel to the northeasterly
line of said Dien tract, 520 feet, more or less, to the easterly line of said Oien tract;
THENCE Southwesterly, along the easterly line of said Dien tract 1083 feet, more or less;
THENCE S 280 25'33"W to the north line of Dove Road (a 50 foot wide public right-of-
way), said point being 150 feet northwesterly from the southeastern corner of the Oien
Tract;
THENCE Northwesterly and Westerly, along the north line of said road 635 feet, more or
less, to the west line of said Dien tract;
THENCE Northerly along the line common to said Oien and White tracts, 1928 feet, more
or less, to the POINT OF BEGINNING and containing 36 acres of land, more or less.
C&B Job No. 971303010 May 2, 1997
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G1TCR3
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 westerly line of that tract of land described in a Deed
to Alvin F. Dien, as recorded in Volume 4181, Page 644, said County Records, Tarrant
County, Texas intersects the north line of said Dove Road;
THENCE Easterly, said southeasterly 400 feet, more or less, along the north line of said
Dove Road;
THENCE Southwesterly on a perpendicular line to the north line of said Dove Road to a
point on the south line of said Dove Road;
THENCE Northwesterly and westerly 420 feet, more or less, along the south line of said
Dove Road to a point where the extension of the westerly line of said Oien tract intersects
the south line of Dove Road;
THENCE Northerly, on an extension of the westerly line of said Oien tract to the POINT OF
BEGINNING and containing 0.5 acres of land, more or less.
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AFFIDAVIT OF SUBSTANTIAL INTEREST
THE STATE OF TEXAS §
COUNTY OF t (k ff'' l7J §
BEFORE ME, the undersigned authority, on this day personally appeared Alvin F. Oien,
Jr., a member of the Board of Aldermen of the Town of Westlake, Texas (the "Tot
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]
Annroximately 40 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 - OIEN
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07510.0019:0254235.01
EXECUTED this '-1 day of May, 1997.
r'
C _ 7.
Alvin F. Oien, Jr.
SWORN TO AND SUBSCRIBED BEFORE ME on this day of May, 1997.
yPav SOY, "' 'ALANETTEHURST
'1®tary Public
.?ATE OF TEXAS
. , amm Exp. 07110195
KRISTA LANME HURU
Notary Public
STATE OF TEXAS
My Comm. Ems. 02/10183
THE STATE OF TEXAS
COUNTY OF r f 0(r-('
I
ti 1
Not Public, State of Texas
/ 1
Print Name:
My Commission Expires:
ACKNOWLEDGMENT
r6\
This instrument was acknowledged before me on May 1997, by Alvin F.
Oien, Jr. for the purposes and in the capacity above stated.
f, J
_ d
Not ublic, State of Texas j
r
KRISTA LANETTE HURST
*
Print Name:
Notary Public
5 STATE OF TEXAS
My Comm. Exp. 02/10/99
My Commission Expires: I L !'
AFFIDAVIT - OIEN
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