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HomeMy WebLinkAboutRes 97-15 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - Gunnels and FarrellJOINT RESOLUTION AND AGREEMENT NO.; 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 GUNNELS AND FARRELL Page 1 07510.0019:0253755.02 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 G. 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 : ( q f M. on such date. JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 2 07510.0019:0253755.02 ATTEST: Ginger Crosswy, ecretary Date: May 2, 1997 APPROVED AS TO FORM LEGALITY: (��' kX4 ill Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED: MAYOR 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. Notary Public in and for t My Commission Expires: the State of Texas P ®�� KRISTALI EM HURST Notary Pubk STATE OF T©CAS `Syg OF +rte My Carom. UP. 02/130 JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 3 07510.0019:0253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § DThis instrument was acknowledged before me on the 2nd day of May, 1997, by � Mayor Pro -Tem of the Tqwn of Westlake. Notary Public the State o P& KRISTA LANME HURST Flubft My Commission Expires: * STATE OF TEXAS �T m 2 1 OF Icy Comm. Exp. 0211 QW This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this day of , 1997. ATTEST: , Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Mayor JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 4 07510.0019:0253755.02 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 GUNNELS AND FARRELL Page 5 07510.0019:0253755M EXHIBIT "A" Drawing of "Disannexed Land" JOINT RESOLUTION AND AGREEMENT GUNNELS AND FARRELL Page 6 07510.0019:025375 5.02 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 GUNNELS AND FARRELL Page 7 07510.0019:0253755.02 THENCE Easterly 238 feet, more or less, along the common line between said Farrell tract and said Hillwood/Willow Bend, Ltd. Tract 2 to the northeast corner of said Farrell tract (Volume 5602, Page 475) in the west line of Robert Gunnels tract as recorded in Volume 7165, Page 2330, said County Records; THENCE Southerly 185 feet, more or less, along the common line between said Farrell tract and said Gunnels tract to the southeast corner of said Farrell tract; THENCE Westerly 238 feet, more or less, along the common line between said Farrell tract and said Gunnels tract to the southwest corner of said Farrell tract in the east tine of County Road 4060 (Roanoke Road); THENCE Northerly 185 feet, more or less, along the east line of said road to the POINT OF BEGINNING and containing 1 acre of land, more or less. TRACT D BEING a strip of land, 50 foot wide, situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land described as Tract 2 in the Deed to Hillwood/Willow Bend, Ltd. and recorded in Volume 11961, Page 1639, County Records, Tarrant County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of the Robert Gunnels tract as recorded in Volume 7165, Page 2330, said County Records, also being a corner of said HillwoodNVillow Bend, Ltd. Tract 2; THENCE Westerly, 2494 feet along the common line between said Gunnels tract and said Hillwood/Willow Bend, Ltd. Tract 2 and along the common line between Melvin Farrell tract (Volume 3186, Page 400 and Volume 5602, Page 475) and said Hillwoodl Willow Bend, Ltd. Tract 2; THENCE Northerly, 50 feet, perpendicular to said common line to a point 50 feet north from said common line; THENCE Easterly, 2544 feet along a line 50 feet north and parallel to said common line to a point 50 feet east of the east line of Gunnels tract and also 50 feet east of said common boundary line of Hillwood/Willow Bend, Ltd. Tract 2 boundary line; THENCE Southerly, 346 feet, more or less, along a line 50 feet east of and parallel to the common line between said Gunnels tract and said Hiliwood✓Willow Bend, Ltd. Tract 2; THENCE Westerly, 50 feet to a point in the east line of said Gunnels tract and the boundary line of said HiilwoodlVtfillow Bend, Ltd. Tract 2; C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGALITR7.LG Page 3 of 4