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HomeMy WebLinkAboutRes 97-11 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - SlocumJOINT RESOLUTION AND AGREEMENT NO. I - i (. RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated in Denton and Tarrant Counties, 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 Fort Worth and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the City of Fort Worth; and WHEREAS, the City of Fort Worth 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; and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land,will not be annexed for 15 years. NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: JOINT RESOLUTION AND AGREEMENT SLOCUM Page 1 07510.0019:0254165.01 SECTION 1. That the City of Fort Worth 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 Fort Worth 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 Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth 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 Fort Worth 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 Fort Worth when approved by the City Council of the City of Fort Worth. SECTION 6. That the City of Fort Worth hereby agrees that the Disannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42.044 of the Texas Local Government Code). 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 :t'oLo DI M, on such date. JOINT RESOLUTION AND AGREEMENT SLOCUM Page 2 0751U019:0254165.01 ATTEST: X� O"f p9AA , Gi gger Crosswy, Secr eji:�\ Date: May 2, 1997 APPROVED AS TO FORM LEGALITY: Bi 1 Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED: } �v . MAYOR vwaa I -, WO.. 11- j Va. � I Me-, � - - E � This instrument was acknowledged before me on the 2nd day of May, 1997, by 1 •�-. �_. �? t'�t�- , Mayor of the Town of Westlake. Notary Public in and for My Commission Expires: the State of Texas KRISTA LA�ffME HUM �; PUS STATE OF TEXAS My Comm. EXP. DY110M JOINT RESOLUTION AND AGREEMENT SLOCUM Page 3 07510.0019:0254165.01 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor Pro -Tem of the Town of Westlake. } Notary Public i F B. KRISTA LANETTE HURST the State of Notary Pub9c STATE OF TEXAS M Comm on Expires: My p a , Ccmm. �. Ov1WN r This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this day of 11997. ATTEST: , Secretary , Mayor APPROVED AS TO FORM AND LEGALITY:. City Attorney Date: JOINT RESOLUTION AND AGREEMENT SLOCUM Page 4 07510.0019:0254165.01 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 1997 by , Mayor of the City of Fort Worth. My Commission Expires; Notary Public in and for the State of Texas JOINT RESOLUTION AND AGREEMENT SLOCUM Page 5 07510.0019:0254165.01 EXHIBIT "A" Drawing of "Disannexed Land" JOINT RESOLUTION AND AGREEMENT SLOCUM Page 6 07510,0019:0254165.01 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 Fort Worth, Texas. JOINT RESOLUTION AND AGREEMENT SLOCUM Page 7 07510.0019:0254165.01 EXHIBIT `B' PROPERTY DESCRIPTION CHARLES AND LINDA SLOCUM This property is comprised of two tracts of land located on the east side of Roanoke Road, south of the intersection of State Highway 170 and Roanoke Road in Tarrant County, Texas. These tracts of land are generally shown on the attached Exhibit `A' and are further described below. TRACT A CHARLES G. SLOCUM BEING a tract of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas and being a portion of that tract of land as described by deed to Charles G. Slocum and recorded in Volume 7165, Page 2322, County Records, Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at the southeast corner of said Slocum tract, being a corner in the boundary of Hillwood/Willow Bend, Ltd., Tract 2, as recorded in Volume 11961, Page 1639, said County Records; THENCE Westerly 2,635 feet, more or less, along the common line between said Slocum tract and said Hillwood/Willow Bend, Ltd., Tract 2, to a point in the east line of County Road No. 4060 (Roanoke Road); THENCE Northerly 366 feet, more or less, along the east line of said road to a point in the south line of Robert Gunnels tract as recorded in Volume 7165, Page 2330, said County Records; THENCE Easterly 2,635 feet, more or less, along the common line between said Slocum tract and said Gunnels tract to the northeast corner of said Slocum tract; THENCE Southerly 319 feet, more or less, along the common line between said Slocum tract and said Hillwood/Willow Bend, Ltd., Tract 2, to the POINT OF BEGINNING and containing 20 acres of land, more or less. TRACT B CONNECTOR BEING a strip of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land as described as Tract 2, in the Deed to Hillwood/Willow Bend, Ltd. and recorded in Volume 11961, Page 1639 (the "Hillwood Tract"), County Records, Tarrant County, Texas, said strip of land being more particularly described as follows: C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SURILEGALITR8.LG Page 1 of 2 BEGINNING at the southeast corner of Charles G. Slocum tract as recorded in Volume 7165, Page 2322 ("The Slocum Tract"), said County Records, said point being a corner of said Hillwood/Willow Bend, Ltd., Tract 2; THENCE Southerly, 380 feet, more or less, along the extension of the common boundary line of the easternmost boundary of The Slocum Tract and the Hillwood Tract to a point 50 feet north from said Hillwood/Willow Bend, Ltd., Tract 2, boundary line; THENCE Westerly, 50 feet along a line 50 feet north of and parallel to said Hillwood/Willow Bend, Ltd., Tract 2, boundary line; THENCE Northerly, 308 feet, more or less, to a point in the southerly line of the common boundary of said Slocum Tract and the boundary line of said Hillwood/Willow Bend, Ltd., Tract 2; THENCE Easterly, 50 feet along the common line between said Slocum tract and said Hillwood/Willow Bend, Ltd., Tract 2, to the POINT OF BEGINNING and containing 0.4 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGALITRS.LG Page 2 of 2 Res 97-11 L60111 01111 *;to] a I F-11 N' ZMEM= M 71 rf ffz*Ti Tqq MOTU Won II Illpill ;111111 111 1 1- - . ' I H IM-AlrelmUlt- I i 3, 1997, as same appears of record in the Office of the City Secretaryle Pl*j City Secretary of the City of Fort Worth, Texas 9 JOINT RESOLUTIONOAND AGREEMENT NO. J LEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION CITY SECRETA STATE OF TEXAS § CO RACT NO s, § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TA NT § AND DENTON § WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated in Denton and Tarrant Counties, State of Texas; and S 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 Fort Worth and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the City of Fort Worth; and WIIE AS,.the City -of Fort Worth 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; and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land will not be annexed for 15 years. THEREFORE, BE / BY THE CITY COUNCIL OF THE CITY OF FORT WORTH BOARD OF 4LDERMEN OF THE TOWN OF WESTLAKE: JOINT RESOLUTION AND AGREEMENT SLOCUM Page 1 07510.0019:0254165.01 That the City of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Fort Worth 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 Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. 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 Fort Worth 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 Fort Worth when approved by the City Council of the City of Fort Worth. That the City of Fort Worth hereby agrees that the Disannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42.044 of the Texas Local Government Code). 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(o P M. on such date. JOINT RESOLUTION AND AGREEMENT SLOCUM Page 2 07510.0019:0254165.01 ATTEST: Cringer Crosswy, Secre a Bate: May 2, 1997 APPROVEDi i. `!LEGALITY: ...E `rill Wood, Town Att•miey Date: May 2,1997 THE STATE OF k COUNTIES OF •'' 1 DENTON SIGNED: �l MAYO CarrollPRO-TEM This instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor of the Town of West ake. Notary Public in and for My Commission Expires: tb� cls the State of Texas $o�PpY PV9<� KRISTA LMEM MRST Notary Pubic -LATE OF TEXAS Exp. 02/10/99 s.<� _-- JOINT RESOLUTION AND AGREEMENT SLOCUM Page 3 07510.0019:0254165.01 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This . t , ent was, acknowledged before me on the 2nd day of May, 1997, by Zns in - Mayor Pro -Tem of the To of Westlake Notary Public in and for the Sta&o's�� My Commission Expires. a1 1,3 i 1-'i I KR ISTA LMEM HURST Notary Pub4c STATE OF TEXAS MY Comm. E)p. 02110/99 This JOINT RESOLUTION AND AGREEMENT is passed aZd—arpr'Mve&'W,� Council of the City of Fort Worth, Texas, this 3 a of � 4f!V_ , 1997. 001 -Ma Secretary APP*OVED AS TOfFORM ANDVEGALITY: City Attorney Date: Mayor JOINT RESOLUTION ANIS AGREEMENT SLOCUM Page 4 07510.0019:0254165.01 THE STATE OF TEXAS § COUNTY OF TARRANT § This inst ent was acknowledged before me on the .5fL& day of 2997 by Mayor of the City of Fort Worth. Notary Public in and for the State of Texas My Commission Expires: S JOINT RESOLUTION AND AGREEMENT SLOCUM Page 5 07510.0019:0254165.01 Drawing of "Disannexed Land" 09 JOINT RESOLUTION AND AGREEMENT SLOCUM Page 6 07510.0019:0254165.01 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 Fort Worth, Texas. JOINT RESOLUTION AND AGREEMENT SLOCUM Page 7 07510.0019:0254165.01