Loading...
HomeMy WebLinkAboutRes 97-09 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - City of Roanoke IIJOINT RESOLUTION AND AGREEMENT NO. I f r 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 075 10,00 19: 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 44. 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 (0'.52: P M. on such date. Page 2 ROANOKE JOINT RESOLUTION :11: 07510.0019:0254190.O 1 ATTEST: SIGNED: Ginger Crosswy, Se ary ,MAYOR Date: May 2, 1997 APPROVED AS TO FORM A EGALITY: 0 � d--� a" -7j Bill Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUN'T'IES OF TARRANT § AND DENTON § Carroll Huntress, MAYOR PRO -TEM This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor of the Town of Westlake. J ( l�; Notary Public in and for the State of Texas My Commissionxpires: � ; �. 1 r I pA WSTA LANEM HURST Notary Public THE STATE OF TEXAS § STATE OF TEXAS § `` �� P My Comm. Exp. 02JIG199 COUNTIES OF TARRANT § AND DENTON § This ipstrument was acknowledged before me on the 2nd day of May, 1997, by Mayor Pro -Tem of the T ,wn of Westlake. r Notary Public in and for the State of Texas My CommissionExpires: KR TSTA LAD02/100 * Nota 5 STATE of My Comm. Page 3 ROANOKE JOINT RESOLUTION 07510.0019:0254190.01 This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council 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 3r 07 510.0419:02 54190.01 EXHIBIT "A" Drawing of "Disannexed Land" Page S ROANOKE JOINT RESOLUTION 07510.0019:0254190.0 I few& Non? f0 dowmmpmw--- ,b offiamer I.- ,!f4 zott� s llft-,44� k - ftull, <2j q -qol�7 DWON COMY TAARANT COVNTY C4. I I EXHfBiT A 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 07 510.0019: 025 4190.01 EXHIBIT B+ TaAZ1 r "TRACT A" LEGAL DESCRIPTION BEING a tract of land situated in the M. E. P. & PRR. Co. Survey, Abstract No. 923, Denton County, Texas and being a portion of Tract 2 of the land described in the deed to HillwoodNVillow Bend, Ltd. and recorded in County Clerk's File No. 95-R0027449, Real Property Records of Deaton County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at the northwest comer of Tabernacle Baptist Chum tract as recorded in Volume 714, Page 459, said County Records, said point being in the easterly right-of-way line of State Highway No. 377; THENCE N 24049'42"E, 503.88 feet along said easterly right-of-way, THENCE N 89°58'11"E, 1324.25 feet; THENCE S 00°11-31"W, 176.40 feet; THENCE S 84033'33"E, 647.67 feet; THENCE N 00°14'07"E, 1232.88 feet; THENCE N 23°37'11"E, 76.34 feet; THENCE N 89°59'16"E, 637.62 feet to the POINT OF BEGINNING; THENCE N 00°06'29"W, 622.79 feet; THENCE N 70°41'101N, 334.98 feet; THENCE N 23039'41"E, 561.78 feet THENCE S 84032'00"E, 449.69 feet; THENCE N 00028'37"W, 44.00 feet; THENCE N 89050'17"E, 1593.09 feet; THENCE S 00°22'19"E, 1264.88 feet to a comer of Lee tract; THENCE N 88°55'08"W, 285.09 feet; THENCE N 89048'19"W, 1671.70 feet to the POINT OF BEGINNING and containing 58.847 acres of land, more or less. May Z 1997 N-.U09W1406UAW67140601.®1 Page 1 of i WESTLAKE TRACT NORTHWEST OF SH 170 BEING a tract of land situated in the Richard Eads Survey, Abstract No. 393, Denton County, Texas, and being a portion Tract 2 as described by deed to Hillwood1willow Bend, Ltd. and recorded in clerk's filing No. 95-R0027449, Real Property Records, Denton County, Texas, said tract being more particularly described as follows: BEGINNING at the southwest comer of that 18.103 acre tract of land described in a deed to HCA/Columbia Hospital, said point being in the boundary fine of said Tract 2; THENCE Easterly, 373 feet, more or less, along the southerly line of said Hospital tract to a point in the northwesterly line of State Highway No. 170, the beginning of a curve to the left; THENCE Southwesterly along the arc of said curve to the left, 770 feet, more or less, to a point in Ottinger Road; THENCE Northerly along Ottinger Road to the boundary of said Tract 2; THENCE beginning in an easterly direction clockwise along the boundary line of said tract 2 to the POINT OF BEGINNING and containing 3 acres of land, more or less. C&B Job No.971303010 J:1JOB1971303011SUR1LEGAL1TR23. LG