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Home My WebLink AboutRes 97-23 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction – Oien'5�7._ JOINT RESOLUTION AND AGREEMENT NO. 1) ^ -)--' 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 OIEN 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 7. 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 7'0-- f M. on such date. JOINT RESOLUTION AND AGREEMENT OIEN Page 2 07510.0019:0253755.02 ATTEST: A0AJ0264-'. --- Inger Crosswy, Se tart' Date: May 2, 1997 APPROVED AS TO FORM LEGALITY: �) �� 'L"U \)�� Bill 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 W stlake. Notary Public in and for My Commission Expires: the State of Texas rot'�Y r� lt11ISTA I AIVETT HURST 1Votary Public STATE OF TEM My Comes. Eo. 0?J1Q% 61333M 11 JOINT RESOLUTION AND AGREEMENT OIEN Page 3 07510,0019:0253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This instrument was acknowledged before me on the 2nd day of May, 1997, by clay 1 � J-Ak�y& c c,-3 , Mayor Pro -Tem of the Tovyn of Westlake. Notary P 11 the St ` 8 KRiSTA LANME HLtRBT My Commission Epires: STATEOPubbF TUM i I cam. Ems. Mao This JOINT RESOLUTION AND AGREEMENT is passed and approved by the City Council of the City of Fort Worth, Texas, this day of , 1997. , Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Mayor JOINT RESOLUTION AND AGREEMENT OIEN 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 OIEN Page 5 07510.0019:0253755.02 EXHIBIT "A" Drawing of "Disannexed Land" JOINT RESOLUTION AND AGREEMENT OIEN Page 6 07510.0019:0253755.02 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 OIEN Page 7 07510.0019:0253755.02 EXHIBITS' PROPERTY DESCRIPTION ALVIN AND CAROL OIEN This property is comprised of one tract of land (Tract A) and a portion of Dove Road (Tract B) located on the north side of the southern boundary of Dove Road west of the intersection of Dove Road and State Highway 114, west of the intersection of Dove Road and Sam School Road (County Road 3088), and east of the intersection of Dove Road and Precinct Line Road in Tarrant County, Texas, commonly known as 1440 Dove Road, Roanoke, Texas, Zip Code 76262. These tracts of land are generally shown on the attached Exhibit °A` and are further described below. TRACT A ALVIN OIEN, JR. BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas and being a portion of that tract of land as described in a deed to Alvin F. Oien, Jr. as recorded in Volume 4181, Page 644, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Oien tract, being the northeast corner of the tract of land described in a Deed to Dale White, as recorded in Volume 3935, Page 631, said County Records; THENCE Easterly, along the north line of said Oien tract, 825 feet, more or less, to a point 50 feet westerly of the northeastern corner of said Oien tract; THENCE Southeasterly, along a line which is 50 feet from and parallel to the northeasterly line of said Oien tract, 520 feet, more or less, to the easterly line of said Oien tract; THENCE Southwesterly, along the easterly line of said Oien tract 1083 feet, more or less; THENCE S 28° 25' 33"W to the north line of Dove Road (a 50 foot wide public right-of- way), said point being 150 feet northwesterly from the southeastern corner of the Oien Tract; THENCE Northwesterly and Westerly, along the north line of said road 635 feet, more or less, to the west line of said Oien tract; THENCE Northerly along the line common to said Oien and White tracts, 1928 feet, more or less, to the POINT OF BEGINNING and containing 36 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:IJOB1971303011SUR1LEGAL1TR16.LG Page 1 of 2 TRACT B BEING a portion of Dove Road which is a 50 foot wide public right-of-way situated in the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the point where the westerly line of that tract of land described in a Deed to Alvin F. Oien, as recorded in Volume 4181, Page 644, said County Records, Tarrant County, Texas intersects the north line of said Dove Road; THENCE Easterly, said southeasterly 400 feet, more or less, along the north line of said Dove Road, THENCE Southwesterly on a perpendicular line to the north line of said Dove Road to a point on the south line of said Dove Road; THENCE Northwesterly and westerly 420 feet, more or less, along the south line of said Dove Road to a point where the extension of the westerly line of said Oien tract intersects the south line of Dove Road; THENCE Northerly, on an extension of the westerly line of said Oien tract to the POINT OF BEGINNING and containing 0.5 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:1JOBi971303011SUR11_EGALITRI6.LG Page 2 of 2