HomeMy WebLinkAboutOrd 282 Disannexing the property of Dale L. White - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND
ORDINANCE NO. 282
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, Dale L. and Wanda White, 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
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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
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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.-r.? 6M.
ATTEST:
5, J.
Inger Crosswy, Se Aetary
Date: May 2, 1997
APPROVED AS TO FORM
A LEGALITY:
Y
Bill Wood, Town Attorney
Date: May 2, 1997
SIGNED:
MAYOR
.-�; anon' TT s, MAYOR PRO -TEM
DISANNEXATION ORDINANCE
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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
Mayor of the Town of Westlake.
�,'.viy 4 "0""'
Notary Public in and for
My Commission Expires:
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THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
the State of Texas
5 t 5
This instrument was acknowledged before me on the 2nd day of May, 197, by
Mayor Pro -Tem of the Town of Westlake.
f
\LA
Notary Public in and for
My Commission Expires:
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the State of Texas
DISANNEXATION ORDINANCE
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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 9,`1 S �f M. (which is the date
and time this order is entered into the records of the Town of Westlake).
ATTEST: SIGNED:
Ainger Crosswy, Ser tary w` , MAYOR
Date: May 2, 1997
APPROVED AS TO FORM -- g. ct--- '
LEGALITY: MAYOR PRO -TEM
Bill Wood, Town Attorney
Date: May 2, 1997
DISANNEXATION ORDINANCE
WHITE
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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, -, by
Mayor of the Town of Westlake.
f,
i
f
Notary Public in and for
My Commission Expires:
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THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
the State of Texas
This instrumrt was acknowledged before me on the 2nd day of May, i9�, by
�f = , Mayor Pro -Tem of the Town of Westlake.
� s �
Notary Public in and for
My Commission Expires:
�`!
the State of Texas
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is
DISANNEXATION ORDINANCE
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EXHIBIT "A"
Drawing of "Disannexed Land"
DISANNEXATION ORDINANCE
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EXHIBIT "B"
Property Description of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DISANNEXATION ORDINANCE
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EXHIBIT 'B'
PROPERTY DESCRIPTION
DALE AND WANDA WHITE
This property is comprised of one tract of land (Tract A) and a portion of Dove Road
(Tract B), said tracts being contiguous, located on the north side 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 Randol Mill Road in Tarrant County, Texas. These tracts of land are generally
shown on the attached Exhibit `A' and are further described below.
TRACT A
DALE WHITE
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, and being
a portion of that tract of land described in a Deed to Dale White as recorded in Volume
3935, Page 631, County Records, Tarrant County, Texas and being more particularly
described as follows:
BEGINNING at the northwest corner of said White tract, being the northeast corner of
that 83.47 acre tract as described in a Deed to Howard Dudley as recorded in Volume
4888, Page 622, said County Records;
THENCE Easterly, 578 feet, more or less, along the north line of said White tract to the
northeast comer of said tract, being the northwest corner of that tract of land described
in a Deed to Alvin F. Oien, Jr. as recorded in Volume 4181, Page 644 of said County
Records;
THENCE Southerly, along the line common to said White and Oien tracts, 1928 feet,
more or less, to the northerly line of Dove Road (a 50 foot wide public right-of-way);
THENCE Westerly, along said northerly line, 320 feet, more or less, to the west line of
said White tract and the east line of that tract of land described in a deed to Howard
Dudley, as recorded in Volume 4888, Page 622, said County Records;
THENCE Northerly, along the line common to said White and said Dudley tracts, 1909
feet, more or less, to the POINT OF BEGINNING and containing 20 acres of land, more
or less.
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:
C&B Job No. 971303010 May 2, 1997
J:\JOB\97130301\SUR\LEGAL\TR15.LG Page 1 of 2
BEGINNING at the point where the easterly line of that tract of land described in a Deed
to Dale White, as recorded in Volume 3935, Page 631, County Records, Tarrant County,
Texas, intersects the northerly line of said Dove Road (a 50 foot wide public right-of-
way);
THENCE Southerly, 50 feet, more or less, an extension of the east line of said White
tract to the south line of said Dove Road;
THENCE Westerly, 324 feet, more or less, along the south line of said Dove Road;
THENCE Northerly, 50 feet, more or less, on an extension of the west line of said White
tract to the north line of said Dove Road;
THENCE Easterly, 320 feet, more or less, along the north line of Dove Road to the
POINT OF BEGINNING and containing 0.4 acres of land, more or less.
C&B Job No. 971303010 May 2, 1997
J:\JOB\97130301\SUR\LEGAL\TR15.LG Page 2 of 2
THE STATE OF TEXAS §
COUNTY OF (f U §
BEFORE ME, the undersigned authority, on this day personally appeared iboj,�_
vY�tre ,, 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 .2,�% ' 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-
PAGE
07510.0019:0254238.01
EXECUTED this day of May, 1997.
SWORN TO AND SUBSCRIBED BEFORE ME on this 1)n4k day of May, 1997.
............
......... ...
'n
THE STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
Print Name:
My Commission Expires:
ACKNOWLEDGMENT
I
This instrument was acknowledged before me on May e 1997, by
for the purposes and in the capacity above stated.
[NOTARY SEAL]
Notar} Public, State of Texas
Print Name:
'�-' ("I
My Commission Expires: (R) o 'N
AFFIDAVIT. 1 � (,-
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