HomeMy WebLinkAboutOrd 285 Disannexing the area known as Solana - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND
ORDINANCE NO. 285
STATE OF TEXAS §
COUNTIES OF TARRANT § KNOW ALL MEN BY THESE PRESENTS:
AND DENTON §
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 A. L 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 Iocated
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 approximately 480 acres, less road
dedications, contiguous to the Town of Westlake and commonly known as Solana shown in Exhibit
"A" attached hereto (the "$overtv"); and
WHEREAS, the Property has no residences and is uninhabited, or 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, Maguirefihomas Partners - Westlake/Southlake Partnership
Westlake Partnership and MTP -IBM Phase 11 and III Joint Venture., the owners oft
Maguire Partners
expressed a desire to no longer be a part of the Town of Westlake and t be released into have
exclusive extraterritorial jurisdiction of the City of Southlake, 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
WHEREAS, Section 42.023 of the Texas Local Government Code expressly allows the
Town of Westlake to reduce its extraterritorial jw'Mction by releasing the hereinafter described land
133162,1/SP3/W44CGA 551 IZISANNEXA'n0N O MANCY OT NA
PW t
from its extraterritorial jurisdiction into the exclusive extraterritorial jurisdiction of the City of
Southlake; 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 Property lies mainly within the boundary of the Trophy Club Municipal
Utility District No. 1 (the "MUD"); and
WHEREAS, the MUD has the capacity and rights in existing water and sewer lines to serve
the Property; and
WHEREAS, the owners of the Property have financed or entered into agreements with
parties for improvements to provide municipal services for the Property; and
WHEREAS, based on the foregoing, 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 from its extraterritorial jurisdiction into the exclusive
extraterritorial jurisdiction of the City of Southlake.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION t.
The land shown in Exhibit "A" and 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
duty 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.
--
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.
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 at section of this ordinance shall be declared invalid, unenforceable or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been
1331621W31JKF/MCGW0Sg1 DICANNFXALPN Ort tNAN F Cllr AM
Page 2
enacted by the Board of Aldermen without the incorporation in this ordinance of any such invalid.
unenforceable or 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 thZ 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 executad
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 Ma} or or Mayor Pro -Tem to perform such duties or to
delegate the performance of 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 irrevocably effective and in full force and effect as provided in such order.
This ORDINANCE AND ORDER DISANNEXING LAND is passed and approved
day of May,1997, at q.'19 1M.
ATTEST:
e: M y?, 1997
APPROVED AS TO FORM
GALITY:
B' Wood, Town Attorney
Date: May 1 1997
133163.1W377CF46eG "V7
SIGNED:
LL
le White, MAYOR
Carroll Huntress, MAYOR PRO -TEM
THE STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
This instrument was acknowledged before me on the 8th day of May, 1997, by Dale White,
Mayor of the Town of Westlake.
Notary Public in and for
the State of Texas
My Commission Expires:
� 1 1
THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
This instrument was acknowledged before me on the 8th day of May, 1997, by Carroll
Huntress, Mayor Pro -Tem of the Town of Westlake.
J
Notary Public in and for
the State of Texas
My Commission Expires:
L _f C n
133162, 11MIJUIMCG1D50697
DI.SANNEXATION ORDMANCE SOLANA
Page 4
ORDER DISCONTINUING AND DISANNEXING LAND
FROM THE TOWN OF WESTLAKE, TEXAS
IT IS HEREBY ORDERED that the land depicted in Exhibit "A" and described in Exhibit
"B" attached to and made a part of this ordinance is hereby immediately, unconditionally and
irrevocably discontinued as a pan of, and disannexed from, the Town of WestlAe, Texas.
This order, and the resulting discontinuation and disannexation the land described in
Exhibit "A," is effective this 81h day of May, 1997, at q , (5 _�M. (which is the date
and time this order is entered into the records of the Town of Westlake).
ATTEST:
r rV\b a
Da e: May 8, 1997
APPROVED AS TO FORM
GALITY:
I s�>Lq
Bill Wood, Town Attorney
Date: May 8, 1997
133162.1193CKF/MCG050897
SIGNED:
Date White, MAYOR
Carroll Huntress, MA OR PRO -TEM
THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
This instrument was acknowledged before me on the 8th day of May, 1997, by Dale White,
Mayor of the Town of Westlake. 1.
My Commission Expires:
� � 1
,
THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
Notary Public in and or
-!State of Texas
This instrument was acknowledged before me on the 8th day of May, 1997, by Carroll
Huntress, Mayor Pro -Tem of the Town of Westlake.
Notary Public in and for
the State of Texas
My� Coom� mission Expires:
133162.
SANNEXA NA
Page 6
►_� P -3 -HUM
Drawing of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DiSANNEXATIONORDINANGE SOLANA
133163.IrRY XF/MC6/060997 pap 7
JflIA 'M '1
tN�,
EXHIBIT "A"
dd
0
080�j CVO2J /.iW0--
Iy-
Property Description of Land
Discontinued and Disannexed from the Town of Westlake, Texas
DISANNFXATTON ORDINANCE •SOLANA
133162.IW3/JKF/MM/OSW Page 8
LAND DESCRIPTION FOR THE PORTION OF SOLANA
FOR DISANNEXATION FROM THF. 'TOWN OF WESTLAKE, TEXAS
Being all that Property, commonly known as Solana and more particularly described as Parcels
"A", B and C as follows:
Parcel "A"
Being all that 251.757 acre tract of land situated in the J.B. Martin Survey, Abstract No. 1134,
the T.W. Mann Survey, Abstract No. 1107, the U.P. Martin Survey, Abstract 1015, the W.
Medlin Survey, Abstract No. 1958, and the C.M. Tbroop Survey, Abstract No. 1510, 'Tarrant
County, Texas and more particularly described as the Wastiake/Southlake Park, Addition No. 1
to the Town of Westlake as recorded in Volume 388-214, Pages 78 and 79, Map & Plat Records
of Tarrant County, Texas, including the replat of Lots 1R and 2R, Block 2 of the
Westlake/Southlakc Park, Addition No. 1 to the 'Town of Westlake as recorded in Cabinet A,
Slide No. 283, Map and Plat Records of Tarrant County, Texas.
PARCEL "B"
Being a acre tract of land situated in the William Pea Survey, Abstract Number 2025, Tarrant
County, Texas, the same being Abstract Number 1045, Denton County, Texas; the J. Henry
Survey, Abstract Number 724, Tarrant County, Tcxas, the same being Abstract Number 528,
Denton County, Texas; the W. Medlin Survey, Abstract Number 1958, Tarrant County, Texas
and the C. M. Throop Survey, Abstract Number 1510, Tarrant County, Texas, all located in
northern'Tarrant County and southern Denton County, Texas. This tract of land embraces all of
those tracts described in deeds W International Business Machines Corporation, hereinafter
referred to as IBM, as recorded in Volume 7376, Page 1728; Volume 7373, Page 2080; Volume
7351, Page 1940; Volume 7864, Page 142; Volume 7926, Page 1452; Volume 7940, Page 171;
Volume 7940, Page 167, and also being a portion of those tracts of land described in deeds to
IBM as recorded in Volume 7376, Page 1737; Volume 7376, Page 2087, and Volume 7376, Puge
1765, Deed Records, Tarrant County, 'rexas. Said tract is more particularly described by metes
and bounds as follows:
BECiTNNING at a 5/8 inch iron rod in the southerly right-of-way of State Highway No.
114 (variable width), being the most northerly northwestern comer of said tract of land recorded
in Volume 7376, Page 1728, said Deed Records, and the northeast comer of that certain tract of
land conveyed to R_ Chandler as recorded in Volume 1139, Page 580, Deed Records, Denton
County, Texas;
TTTF.NCE along the southerly right-of-way line of said State Highway 113, the following
courses and distances:
S 71' 03'21" E, 3458.57 feet for the beginning of a curve to the right;
Along said curve an arc distance of 888.33 feet, through a central angle of 27° 21' 59",
having a radius of 1859.86 feet, and a long chord of S 570 22' 21" E, 879.91 feet;
1:TROM19990 Ii XIE1'LS1121571e1:.DE5 Page I of 5
S 250 37' 35" W, 108.86 feet to the bcginning of a non -tangent curve to the right;
Along -aid non -tangent curve and arc distance of 196.55 feet, through a central angle of
06° 15' 25", having a radius of 1799.86 feet, and a long chord of S 39° 40' 08" E, 196,46
feet to a concrete Texas Highway Department monument;
S 360 324 25" E, 215.14 feet;
THENCE leaving said right-of-way, West, 2141.45 feet;
1'HENCE S 52° 00' 00" W, 1000.00 feet;
THENCE South, 1882.23 feet to the north lira; of that certain tract of land conveyed to
Howard Dudley et ux as recorded in Volume 4888, Page 622, said Deni Records;
THENCF. N 890 57' 44" W, 200.93 feet to the northwest corner of said Dudley tract, also
being in the south line of said IBM tract as recorded in Volume 7376, Page 1765;
THENCE N 000 20' 49" E, 45.01 feet;
THENCF N 890 39' 10" W, along the north line of Roanoke Dove Road (variable width),
1346.51 feet to the beginning of a curve to the right;
THENCE along the easterly right-of-way line of Precinct kine Road (a variable width
right-of-way the following courses and distances:
Along said curve to the right an arc disLince of 241.85 feet, through a central angle of 89°
45' 10". having a radius of 154.38 feet, and a long chord of N 440 46' 35" W, 217.86
feet,
N 00° 06' 00" F,, 977.90 feet,
N 000 08' 31" W, 394.37 feet,
N 000 10' 13" W, 551.67 feet,
N 020 20' 32" E, 554.17 feet,
N 280 49' 02" E. 164.88 feet,
N 230 30' 55" F,, 98.16 feet
N 120 46' 54" E, 100.00 feet
N 000 16' 18" W, 993.50 feet to the southwest comer of the aforementioned R. Chandler
tract;
I:TROT619999D]WILVEST2157LEC;-DFS Page 2 Of 5
THENCE N 89° 47' 00" E along the southerly line of said R. Chandler tract, 258.02 feet,
THENCE N 000 30' 28" W along the easterly line of said R. Chandler tract, 505.33 feet
to the POINT OF BEGINNING and containing 232.921 acres of land more or less, save and
except approximately 20 acres dedicated to the State of Texas for State Highway No. 114 right-
of-way.
PARCEL "C" '
Being all that certain tract of land in the W. Medlin Survey, Abstract 1958, and the C.M. Throop
Survey, Abstract 1510, both in Tarrant County, Texas. This tract of land embraces the tracts
described in deeds to International Business Machines, hereinafter referred to as IBM, and
recorded in Volume 8795, Page 553, Deed Records of Tarrant County, Texas. Said tract is more
particularly described as follows:
Beginning at a point in the westerly right-of-way of County Road No. 3088 (also known
as West T.W. King Road), a variable width roadway, said point also being on the northeasterly
right-of-way of S.H. 114, a variable width roadway;
Thence along the northeasterly right-of-way of S.H. 114, N 360 32' 30" W, 587.00 feet;
Thence leaving the northeasterly right-of-way of S.H. 114 as follows:
N 530 29' 00" E, 546.74 feet,
S 030 07' 00" W, 344.50 feet to a point in the centerline of County Road 3088,
N 89° 28' 00" W, 25.00 feet to the westerly right-of-way of County Road No. 3088, said right-
of-way also being the westerly limits of the City of Southlake,
Thence along the westerly right -of --way of County Road No. 3088 and the westerly limits
of the City of Southlake, S 000 33' 00" W, 514.80 feet,
Thence S 72° 03' 00" W, 47.70 feet to the Point Of Beginning and containing 3.9419
acres, more or less, save and except any right-of-way dedications to the State of Texas for State
Highway No. 114.
EXCLUSIONS FROM DISANNEXATION
Save and except those portions of said Parcels "A" and "B" more particularly describer) as Strips
No. 1 and No. 2 as follows:
STRIP NO. 1
Being a portion of said Parcel "B" as described above, said portion being a strip of land 50 feet
wide, the westerly line of said 50 foot strip described as follows:
Beginning at the northwest corner of said tract of land described by deed recorded in
1:wRorw19s99010r.IEViSr12157ux:.oeS Page 3 of 5
Volume 7376, Page 1728. said northwest comer also being the southwest comer of the R.
Chandler tract described by deed recorded in Volume 1139, Page 580, Deed Records of Denton
County, Texas. Said comer also being in the easterly right-of-way of Precinct Line Road.
Thence southerly along the easterly right-of-way of Precinct Linc Road approximately
1250 feet to a point approximately 50 feet south of the intersection of the westerly right-of-way
of Precinct Line Road and the north line of the Scott Bradley Tract as described by deed recorded
in Volume 6395, Page 67, Deed Records of Tarrant County, Texas, said 50 foot strip containing
1.4 acres, more or less.
STRIP NO. 2
Being a portion of Parcels "A" and "B" as described above, also being a strip of land 50 feet
wide the southerly line of said strip described as follows:
Beginning at the northeast corner of the Alvin F. Olen Jr. tract described by deed as
recorded in Volume 4181, Page 644, Deed Records of Tarrant County, Texas, said comer also
being in the south line of Lot 1, Block 3 of the Westlake/Southlake Park, Addition No. I to the
Town of Westlake as recorded in Volume 388-214, Pages 78 and 79, County Records, Tarrant
County, Texas;
Thence westerly along the south line of said Lot 1, Block 3 approximately 1466.76 feet
to a point in the east line of the Iloward Dudley tract described by deed as recorded in Volume
4888, Page 622, Deed Records of Tarrant County, Texas;
Thence northerly along the east line of said Dudley tract, said line also being the westerly
line of said Lot 1, Block 3 approximately 460.91 feet to a point in the northeast comer of said
Dudley tract, said comer also being in the south line of said Lot 1, Block 3;
Thence westerly along the south line of said Lot I. Block 3, said line also being the north
line of said Dudley tract, approximately 1774.98 feet to the southwestern corner of said Lot 1,
Block 3, said comer also being in the north line of said Dudley tract:
Thence generally westerly along the north line of said Dudley tract, said line also being
the south line of Parcel "B" as described above, approximately 100.93 feet;
Thence generally northerly leaving the north line of said Dudley tract approximately 95
1'c;ct,
Thence generally westerly, parallel to the north right-of-way of Dove Road (a variable
width roadway), approximately 1396.51 feet to the beginning of a curve to the right,
Thence along the arc of said curve a distance of 241.85 feet, having a central angle of
891 45' 10", a radius of 154.38 feet and whose long chord bears N 44 46' 35" W,
Thence generally northerly, parallel to the cast right -0f --way of Precinct Line Road
approximately 50 feet,
I;,PkOJ01997 ]=WVFLgm Is71,EO.uta
Page 4 of 5
Thence generally westerly approximately 50 feet to a point in the east right -if -way of
Precinct Linc Road;
THENCF, generally northerly approximately 600 feet along the east right-of-way of Precinct Line
Road to a point approximately 50 feet north of the intersection of the westerly right-of-way of
Precinct Line Road and the northerly line of the IIillwood/1088 tract as described by deed as
recorded in Volume 12260, Page 1948, Deed Records of Tarrant County, Texas, said 50 foot strip
containing approximately 7.1 acres, more or less.
CV ROPD 199M I VW.IKV IZ 1\2157LOGMES
Page 5 of 5