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Home My WebLink AboutOrd 281 Disannexing a portion of the Circle T Ranch - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 281 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, Hillwood/822 Ltd., Lakeway Land, Ltd., and Lakeway Property Company, Ltd., the 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 HUNTRESS 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 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 HUNTRESS Page 2 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.M. ATTEST: Ginger Crosswy, S ta`Yy Date: May 2, 1997 APPROVED AS TO FORM AEGALITY: 7 Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: i MAYOR ACTING MAYOR PRO -TEM DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS Page 3 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 F ? L Ls. ` 2_ Mayor of the Town of Westlake. Notary Public in and for the State of Texas My Comm ion E i s: \ � 1 A I I 11 1 1• { THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This lstrument was acknowledged before me on the 2nd day of May, 1997, by ..r Acting Mayor Pro -Tem of -the Town of Westlake. —r— Notary Public in and for the State of Texas My Commission Expires: \ I a Aa 1 1 � I 1 DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS Page 4 07510.0019:0253986.01 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 t land described in Exhibit "A," is effective this 2nd day of May, 1997, at 9' : / 6 e M. (which is the date and time this order is entered into the records of the Town of Westlake). ATTEST: Ainger(Clrosswy, Se tary Date: May 2, 1997 APPROVED AS TO FORM 7 LEGALITY: Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: MAYOR c _ 41 . ACTING MAYOR PRO -TEM DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS 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 Mayor of the Town of Wes1lake. Notary Public in and for My Commission Et xires: 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, 1997, by 43 ` -'I{ vl }Tc, , Acting Mayor Pro -Tem of the Town of Westlake. j Notary Public in and for My Commission Expires: the State of Texas i DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS Page 6 07510.0019:0253886.01 EXHIBIT "A" Drawing of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS Page 7 07510.0019:0253886.01 EXHIBIT "A" C S TEASE \ - TRACT EXHIBIT `B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE - ALDERMEN HUNTRESS Page 8 07510.0019:0253886.01 Exhibit B Lease Tract Tract 1 That portion of Tract 2 described in the Deed from Westlake Investments, Ltd., to Hillwood/Willow Bend, Ltd., recorded in Volume 11961, Page 1639, Real Property Records of Tarrant County, Texas and at County Clerks filing No. 95-R0027449, Real Property Records of Denton County, Texas (the "Willow Bend Deed'), that is situated west of the said Carpenter Addition, recorded in Volume 388-117, page 32, Map Records of Tarrant County, Texas and that is not included in the tract described on the attached Exhibit B, SAVE AND EXCEPT a 50 foot wide strip of land whose centerline is a line the beginning point of which lies northerly of the southwestern comer of the said Carpenter Addition along the west line of said Carpenter Addition 25 feet and extends in a westerly direction S 890 31'39" W 1380 feet. Tract 2 That portion of Tract 4 described in the Deed from JNC Enterprises, Ltd., to Lakeway Land, Ltd., Hillwood/822, Ltd., and Lakeway Property Company, Ltd., recorded in Volume 12625, Page 504, Real Property Records of Tarrant County, Texas and at County Clerks filing No. 96- R0091249, Real Property Records of Denton County, Texas (the "JNC Deed7; that is not included in the tract described on the attached Exhibit B. 9714(M11D1 Page 6 AFFIDAVIT OF SUBSTANTIAL INTEREST THE STATE OF TEXAS § COUNTY OF ( (X4 (6 rA § BEFORE ME, the undersigned authority, on this day personally appeared Carroll Huntress, 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 /® D 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 - HUNTRESS PAGE I 07510.0019:0254238.01 EXECUTED this day of May, 1997. Carroll Huntress SWORN TO AND SUBSCRIBED BEFORE ME on this J, day of May, 1997. [NOTARY SEAL] Notary Public, State of Texas [/ Print Name: p�D ti t ",I'd i�� My Commission Expires: 12 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OFCA -C-II`, i § This instrument was acknowledged before me on May 1997, by Carroll Huntress for the purposes and in the capacity above stated. Notary Public, State of Texas 2p'�paY PGB4n KR11TA LANEITE HUHSi Notary(�- + ' * * STATE OF TbEXAS Print Name: My comm. E». 02/100 My Commission Expires: a I NLILL L AFFIDAVIT - HUNTRESS PAGE 07510.0019:0254238.01