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HomeMy WebLinkAboutRes 97-07 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - City of RoanokeJOINT RESOLUTION AND AGREEMENT NO. RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Roanoke, Texas, is a Type -A general law city lying and being situated in Denton County, State of Texas; and WHEREAS, the Town of Westlake, Texas, is a Type -A general law city lying and being situated in Denton and Tarrant Counties, State of Texas; and WHEREAS, the Town of Westlake has unconditionally and irrevocably disannexed the land more particularly described on Exhibit "A" and Exhibit `B" attached hereto and made a part hereof (the "Disannexed Land"); and WHEREAS, the City of Roanoke and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally and irrevocably relinquish and release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the exclusive extraterritorial jurisdiction of the City of Roanoke; and WHEREAS, the City of Roanoke and the Town of Westlake have the authority to pass and approve this Joint Resolution and Agreement pursuant to Section 42.023 of the Texas Local Government Code; and WHEREAS, notice of the proposed adoption of this Joint Resolution and Agreement has been duly posted in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF ROANOKE AND THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: Page 1 ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 SECTION 1. That the City of Roanoke and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. SECTION 2. That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Roanoke any and all of the extraterritorial jurisdictional rights the Town of Westlake has or may have in and to the Disannexed Land. SECTION 3. That the City of Roanoke does hereby include and accept the Disannexed Land into the exclusive extraterritorial jurisdiction of the City of Roanoke and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. SECTION 4. That this Joint Resolution and Agreement shall become unconditionally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, and that this Joint Resolution and Agreement may not be altered or amended by the Town of Westlake without the prior written consent of the City of Roanoke and each and all of the owners of the Disannexed Land. SECTION 5. That this Joint Resolution and Agreement shall become effective and binding upon the City of Roanoke when approved by the City Council of the City of Roanoke. This JOINT RESOLUTION AND AGREEMENT is unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of May, 1997, and is effective at ' O ( P M. on such date. Page 2 ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 ATTEST: Ginger Crosswy, Secretary; Date: May 2, 1997 APPROVED AS TO FORM LEGALITY: 5""u j'"- Itill Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED i MAYOR Carroll Huntress, MAYOR PRO -TEM This instrument was acknowledged before me on the 2nd day of May, 1997, by N °, �. 1�E `r L,'t _.. , 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 KRISTA LA%M MW Notary Pu3c STATE OF TEXAS My Comm. Exp. 02/1D199 This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor Pro -Tem of the Town of Westlake... / n Notary Public in and for Fi the State of Texas My Commission Expires: KWTA LMEM HURST Notary Pub0c STATE OF TEXAS ' My CWA- E*. 0211 OM Page 3 ti ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Roanoke, Texas, this day of , 1997. ATTEST: , Secretary , Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney Date: THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 1997 by , Mayor of the City of Roanoke. My Commission Expires: Page 4 Notary Public in and for the State of Texas ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 EXHIBIT "A" Drawing of "Disannexed Land" Page 5 ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 EXHIBIT "B" Description of "Disannexed Land" The following described land has been released from the extraterritorial jurisdiction of the Town of Westlake, Texas, and has been included and accepted into the extraterritorial jurisdiction of the City of Roanoke, Texas. Page 6 ROANOKE JOINT RESOLUTION 07510.0019:0254140.01 EXHIBIT 'B' , T fzftcr 1 PROPERTY DESCRIPTION ETJ RELEASE NORTHWEST OF HIGHWAY 170 BEING a tract of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas and Abstract No. 519, Denton County, Texas, and in the Jesse Gibson Survey, Abstract No. 493, Denton County, Texas, and in the M.E.P. & P. RR. Survey, Abstract No. 923, Denton County, Texas, and in the Richard Eads Survey, Abstract No. 393, Denton County, Texas, and being a portion of that tract of land described in a Deed to Hillwood/Willow Bend, Ltd. as recorded in Clerk's Filing No. 95-R0027449, County Records, Denton County, Texas, and that tract of land described in a Deed to Lakeway Land, Ltd., Hillwood/822, Ltd., and a portion of Lakewood Property Company, Ltd. as recorded in Volume 12625, Page 504, Real Property Records, Tarrant County, Texas, and in Clerk's Filing No. 96-R0091249, Real Property Records, Denton County, Texas, and being all of that tract of land described in a Deed to Tabernacle Baptist Church, as recorded in Volume 714, Page 459, of the Real Property Records of Denton County, Texas, said tract being more particularly described as follows: BEGINNING at the northwest corner of Tract 1 of said Hillwood/Willow Bend, Ltd. Tract; THENCE Easterly, 1324 feet along the boundary line of Tract 1; THENCE Southerly, 176 feet along said boundary line of Tract 1; THENCE Easterly, 648 feet, along said boundary line of Tract 1, to the boundary line of Tract 2 of said Hillwood/Willow Bend, Ltd. Tract; THENCE along the boundary line of said Tract 2, the following calls: Northerly, 1231 feet; Northeasterly, 76 feet; Easterly, 637 feet; Northerly, 623 feet; Westerly, 335 feet; Northerly, 561 feet; Easterly, 450 feet; Northerly, 44 feet; Easterly 1593 feet; Easterly, 76 feet; Northerly, 312 feet; Easterly, 155 feet; and Northerly 87 feet to the southwest corner of that 18.103 acre tract of land described by Deed to HCA/Columbia Hospital; C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SURILEGAL1TR21.LG Page 1 of 2 THENCE Easterly, 373 feet along the south line of said HCA Tract to the northwesterly right-of-way line of State Highway 170; THENCE Southwesterly, 740 feet along the northwesterly right-of-way line of said Highway 170 to a point in Ottinger Road; THENCE Southerly, along Ottinger Road, 1154 feet to a corner of the Lee tract; THENCE Westerly, 285 feet passing the northwest corner of Lee tract, in all 870 feet to a point in the northwesterly right-of-way line of said State Highway No. 170; THENCE Southwesterly, 5430 feet along the northwesterly right-of-way line of said State Highway No. 170 and crossing the old right-of-way of U.S. Highway No. 377 to the easterly right-of-way line of existing Highway 377; THENCE Northerly, leaving the right-of-way line of said Highway 170 and along the west line of said Lakeway Land, Ltd. Tract and then along the west line of Tract 1 of said Hillwood/Willow Bend Tract to the POINT OF BEGINNING and containing 175 acres of land, more or less. C&B Joh No. 971303010 May 2, 1997 J:1JOB1971303011SURILEGALITR21.LG Page 2 of 2 13 EXHIBIT 'Ar -7 - PROPERTY DESCRIPTION WESTERLY WESTLAKE ETJ RELEASE ALONG U.S. HIGHWAY NO. 377 TO THE CITY OF ROANOKE BEING a tract of land situated in the William Huff Survey, Abstract No. 519, Denton County, Texas, and being a portion of U.S. Highway No. 377 and a portion of T.P. RR. Company, said tract of land being more particularly described as follows: BEGINNING at the northwest corner of that Tract 1 of land as described by deed to HillwoodNVillow Bend, Ltd. and recorded in Volume 11961, Page 1639, County Records, Tarrant County, Texas and Clerk's Filing No. 95-R0027449, County Records, Denton County, Texas, said point being in the easterly right-of-way line of old U.S. Highway No.377; THENCE Southerly, 504 feet, more or less, along the westerly line of said Hiliwoodl Willow Bend, Ltd. Tract 1 and the easterly right-of-way of said old U.S. Highway No.377 to the northwest corner of Tabernacle Baptist Church as recorded in Volume 714, Page 459, said County Records; THENCE Easterly, 352 feet, more or less, along the boundary line of said Church tract and the westerly line of said Hillwood/Willow Bend Ltd. tract; THENCE Southerly, 263 feet, more or less, continuing along said common boundary line in said Tract 1 to the north line of Tract 1 of the Lakeway Land, Ltd. et all deed as recorded in Volume 12625, Page 504, Tarrant County, Deed Records and Clerk's Filing No. 96-80091249, Denton County, Deed Records; THENCE Westerly, 463 feet, more or less, along a westerly extension of the north line of said Tract 1, Lakeway Land, Ltd. et all tract and the south line of said Church tract to the easterly line of old U.S. Highway No.377; THENCE Southerly, 211 feet, more or less, along said easterly line of old U.S. Highway No. 377 and the westerly line of said Tract 1, Lakeway Land, Ltd. et all tract to a line being an easterly projection of the common corporate limit boundary of the City of Fort Worth and the City of Roanoke as adopted in Resolution 1551, approved in July 17, 1990; THENCE Westerly, 229 feet, more or less, to the westerly line of T.P.RR. Company tract; THENCE Northerly, 995 feet, more or less, along said westerly line; THENCE Easterly, 223 feet, more or less, to the POINT OF BEGINNING and containing 7 acres of land more or less. C&B Job No. 971303010 May 2, 1997 1:IJOB197130301\SUR1LEGAL1TR20_2.LG Page 1 of 1 EXHIBIT `B' IIX19-r-r 3 PROPERTY DESCRIPTION HCA HOSPITAL CORPORATION This property is comprised of one tract of land totaling approximately 18 acres located on the west side of the intersection of State Highway 114 and State Highway 170 in Denton County, Texas, as generally shown on the attached Exhibit 'A' and as further described below. BEING a tract of land situated in the Richard Eads Survey, Abstract No. 393, and being a portion of Tract 2 of that tract of land described by deed to Hillwood/Willow Bend, Ltd., A Texas Limited Partnership in Volume 93-R0075228, County Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said tract, said point being in Dallas Drive; THENCE N 89°53'16"E, 608.94 feet (previously recorded as N 89052'37"E, 609.14 feet) to a 518 inch iron rod with yellow plastic cap stamped "Carter & Burgess" set in the west right-of-way line of State Highway 114, said point also being the beginning of a curve to the left; THENCE 762.45 feet along the arc of said curve to the left and along said right-of-way, through a central angle of 15008'36", and having a radius of 2,884.80 feet, the long chord bears S 44°08'38"E, 760.24 feet to a State Highway Department monument found; THENCE S 08035'29"W, 69.38 feet (previously recorded as S 08035'39"W, 69.39 feet) to a State Highway Department Monument found in the north right-of-way line of State Highway 170, said point being the beginning of a curve to the left; THENCE 466.45 feet along the arc of said curve to the left, and along said right-of-way, through a central angle of 1103337", and having a radius of 2,311.83 feet, and a long chord bears S 63°05'43"W, 465.66 feet to a State Highway Department Monument found, said point also the beginning of a curve to the left; THENCE 418.37 feet along the arc of said curve to the left and continuing along said right-of-way through a central angle of 06°14'34", having a radius of 3,839.72 feet and a long chord that bears S 54°11'37" IN, 418.16 feet to a 518 inch iron rod with yellow cap stamped "Carter & Burgess'" set, THENCE N 90000'00"W, 372.81 fleet to a 5/8 inch iron rod with yellow cap stamped "Carter & Burgess" set in west line of Tract 2; THENCE N 00000'28"E (previously recorded as N 00°15'46" VV), 832.73 feet with the west line of Tract 2 to a 1/2 inch iron rod found; C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGALITR2.LG Page 1 of 2 THENCE S 86018'21"E (previously recorded as S 86°27'17"E), 145.97 feet to a 112 inch iron rod found; THENCE N 03014'15"E, 57.15 feet (previously recorded as N 03°52'08"E, 57.06 feet) to a 518 inch iron rod with yellow cap stamped "Carter & 'Burgess" set; THENCE N 83°34'34"E, 168.59 feet (previously recorded as N 83°15'05"E, 168.19 feet) to 518 inch iron rod found; THENCE N 00°06'42"VII (previously recorded as N 00°06'55"W), 144.37 feet to a 112 inch iron rod with red cap stamped "RPLS #2912" found; THENCE S 89053'18"W, 317.25 feet (previously recorded as S 89038'31"W, 317.37 feet) to a 112 inch iron rod with red cap stamped "RPLS #2912" found; THENCE N 00°18'40"E, 25.32 feet (previously recorded at N 00°20'29"W, 25.00 feet) to a found railroad spike and the POINT OF BEGINNING and containing 804,223 square feet or 18.462 acres of land, less 15,658 square feet in Dallas Drive leaving a net of 788,564 square feet or 18.103 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR\LEGALITR2.LG Page 2 of 2