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HomeMy WebLinkAboutRes 97-27 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction – WhiteJOINT RESOLUTION AND AGREEMENT NO. ) wl " J t 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 WHITE 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 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 SL P M. on such date. JOINT RESOLUTION AND AGREEMENT WHITE Page 2 07510.0019:0253755.02 ATTEST: Inger Crosswy, S retary Date: May 2, 1997 APPROVED AS TO FORM A LEGALITY: JA —� Bill Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § § COUNTIES OF TARRANT § AND DENTON § SIGNED: MAYOR MAYOR PRO -TEM This instrument was acknowledged before me on the 2nd day of May, 1997, by G r r� p r; c' , Mayor of the Town of Westlake. ov Notary Public in and for the State of Texas My Commission Expires: X� C KRISTN Q MjM STATE OF TWg �. MY Comm. Eacp, OMQU JOINT RESOLUTION AND AGREEMENT WHITE 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 U1 -en ,J r , , Mayor Pro -Tem of the Town of Westlake. Notary Public i the State of Y P�B� KRISTA LANETTE HURST My Commission Expires: STATPubile XAS MY COMM. Up. 02M 0/%% 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 , Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney Date: JOINT RESOLUTION AND AGREEMENT WHITE 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 WHITE Page 5 07510.0019:0253755.02 EXHIBIT "A" Drawing of "Disannexed Land" JOINT RESOLUTION AND AGREEMENT WHITE Page b 07510,0019:0253 75 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 WHITE Page 7 07510.0019:0253755.02 EXHIBIT 'B' PROPERTY DESCRIPTION DALE AND WANDA WHITE This property is comprised of one tract of land (Tract A) and a portion of Dove Road (Tract B), said tracts being contiguous, located on the north side 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 Randol Mill Road in Tarrant County, Texas. These tracts of land are generally shown on the attached Exhibit °A' and are further described below. TRACT A DALE WHITE BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, and being a portion of that tract of land described in a Deed to Dale White as recorded in Volume 3935, Page 631, County Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said White tract, being the northeast corner of that 83.47 acre tract as described in a Deed to Howard Dudley as recorded in Volume 4888, Page 622, said County Records; THENCE Easterly, 578 feet, more or less, along the north line of said White tract to the northeast corner of said tract, being the northwest corner of that tract of land described in a Deed to Alvin F. Oien, Jr. as recorded in Volume 4181, Page 644 of said County Records; THENCE Southerly, along the line common to said White and Oien tracts, 1928 feet, more or less, to the northerly line of Dove Road (a 50 foot wide public right-of-way); THENCE Westerly, along said northerly line, 320 feet, more or less, to the west line of said White tract and the east line of that tract of land described in a deed to Howard Dudley, as recorded in Volume 4888, Page 622, said County Records; THENCE Northerly, along the line common to said White and said Dudley tracts, 1909 feet, more or less, to the POINT OF BEGINNING and containing 20 acres of land, more or less. 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: C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGAL1TR15.LG Page 1 of 2 BEGINNING at the point where the easterly line of that tract of land described in a Deed to Dale White, as recorded in Volume 3935, Page 631, County Records, Tarrant County, Texas, intersects the northerly line of said Dove Road (a 50 foot wide public right-of- way); THENCE Southerly, 50 feet, more or less, an extension of the east line of said White tract to the south line of said Dove Road; THENCE Westerly, 324 feet, more or less, along the south line of said Dove Road; THENCE Northerly, 50 feet, more or less, on an extension of the west line of said White tract to the north line of said Dove Road; THENCE Easterly, 320 feet, more or less, along the north line of Dove Road to the POINT OF BEGINNING and containing 0.4 acres of land, more or less. C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGAL1TR15.LG Page 2 of 2