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HomeMy WebLinkAboutRes 97-49 Authorizing the Settlement in Donald R. Redding V. Town of WestlakeRESOLUTION NO. /' -519 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS AUTHORIZING THE SETTLEMENT OF THE LAWSUIT STYLED DONALD R. REDDING VS. TOWN OF WESTLAKE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Donald R. Redding filed a lawsuit in the 367` Judicial District Court of Denton County, Texas against the Town of Westlake; and WHEREAS, the Board of Aldermen of the Town of Westlake believe that it is in the best interests of Westlake and the citizens of Westlake to settle this litigation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Compromise Settlement Agreement and Release between Donald R. Redding and the Town of Westlake attached hereto as Exhibit "1" and incorporated herein is hereby approved and the Mayor is authorized to execute the same in behalf of the Town of Westlake. SECTION 2: That the Town Attorney for the Town of Westlake is hereby authorized to enter into a Rule 11 Agreement with the attorneys for Donald R. Redding pursuant to the Compromise Settlement Agreement and Release approved by this Resolution and take all necessary steps to have a Judgment entered in accordance with the Compromise Settlement Agreement and Release. SECTION 3: That this Resolution shall become effective upon its passage and approval. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS ON THIS 13TH DAY OF OCTOBER, 1997. r IMIA 1 i oil ATTEST: k Ginger. rosswy, Town Se iary APPROVED AS TO FORM: Paul . Isham, Town Attorney Compromise Settlement Agreement and Release This Compromise Settlement Agreement and Release ("Agreement") is entered into by and between Donald R. Redding ("Redding") and the Town of Westlake, Texas ("Westlake"). Recitals A. Donald R. Redding filed a cause of action in the 367th Judicial District Court of Denton County, Texas seeking injunctive relief to enjoin Westlake from acting to remove an area commonly referred to as Stagecoach Hills which is more fully described in Exhibit "A" attached hereto and incorporated herein from the incorporated area of Westlake, and for damages. B. Donald R. Redding and Westlake have voluntarily agreed to settle the issues presented in Redding's suit against Westlake. The parties enter into this Agreement to provide for the resolution of all disputes or potential disputes between the parties. Terms of Settlement 1. Validity of Westlake Ordinance No. 237 The parties agree that Westlake Ordinance No. 237, adopted unanimously by the Board of Aldermen of the Town of Westlake on March 6, 1995, is a valid ordinance of the Town of Westlake, is a municipal ordinance defining the boundaries of the Town of Westlake as that term is used in § 43.901 of the Texas Local Government Code, and pursuant to the Texas Local Government Code § 43.024 has the effect of annexing the Stagecoach Hills area, as well as other areas not previously annexed into the corporate limits of the Town of Westlake, Texas. The parties agree that the area described in Exhibit "1" and the map shown on Exhibit "2" attached hereto and incorporated herein constituted the corporate limits of Westlake as of March 6, 1995, the date Ordinance No. 237 was adopted. The parties further agree that the area set out in Exhibit "1" and shown on Exhibit "2" are the metes and bounds description of Westlake and the Official Boundary Map of Westlake, respectively, subject to the addition of a small tract of land north of S.H. 114 by the passage of Westlake Ordinance No. 253. 2. Donald Redding is a resident of Westlake. The parties agree that Redding is a resident of Westlake and is eligible to run for public office-in Westlake. - 3. Payment by Westlake. In consideration of the mutual promises contained herein, the parties agree that Westlake shall reimburse Redding the amount of his reasonable attorneys' fees and expenses in the amount of $11,696.21 as damages sustained by Redding. The payment of this sum shall not be construed in any way as an admission by Westlake of any liability whatsoever, or an admission by Westlake of any wrongdoing whatsoever. 4. Release by Redding. in return for the consideration set forth herein, Donald R. Redding for himself and his heirs, representatives, administrators, and assigns, hereby releases, acquits, and forever discharges Westlake, and any of its officers in their official capacities, employees, agents, representatives, attorneys, successors, and assigns, past or present, and each of them from all actions, causes of actions, obligations, costs, expenses, damages, losses, claims, liabilities, suits, debts, demands (including attorneys' fees and costs actually incurred), of whatever character, in law or in equity, known or unknown, suspected or unsuspected, arising from his candidacy for aldermen of Westlake in the Spring of 1997 and the resulting cause of action filed by Redding in the 367th Judicial District Court of Denton County, Texas and styled as Cause No. 97-50203-367, Donald R. Redding vs Town of Westlake. 5. Directions to Attorneys. The execution of this Agreement authorizes the attorney for Redding and the Town Attorney of Westlake to file this Agreement with the records in Cause No. 97-50203-367 now pending in the 367th Judicial District Court, and to obtain the entry of a judgment that encompasses the terms of this Agreement. This Agreement shall become effective on the date that Donald R. Redding affixes his signature. �1 G� Date: /°,//3/2 7 DONALD R. REDDING TOWN OF WESTLAKE, TEXAS Date: OGrosE1z 13, 1997 By: .. ..Att/ii.eidiat f AYOk ATTEST: 4_, . _ _ r • Ginger rosswy, Town Secretary BEGINNING at a point on the present Southern town limit of Township of Westlake, said point being the Northwest most corner of a tract conveyed to Harold J. Thornton by Deed recorded in Volume 4657, Page 361 of the Tarrant County, Deed Records; THENCE East along the present Westlake Southern town limit, and the Northern most line of said Harold J. Thornton tract, to the West R.O.W. of Roanoke Road; THENCE South along said West R.O.W. of said Roanoke Road to a point being the Southeast most corner of a tract of land conveyed to Gary D. and wife Lori Null by deed re- corded in Volume 10230, Page 461 of the Tarrant County, Deed Records; THENCE West along the Southern line of said tract to the Southwest most corner of a 17 . 68 acre tract conveyed to Harold J Thornton as' recorded in Volume 6023, Page 915 of the Tarrant County, Deed Records; THENCE North along the West line of said tract to the South- west most point of a tract of land conveyed to Harold J. Thornton by deed recorded in Volume 4657, Page 361 of the Tarrant County, Deed Records; THENCE North along the West line of said tract to the point of Beginning. The dimensions of the above area are approximately 2647 . 2 feet long by 1481 .3 feet wide, containing 90 . 02 acres, more or less . 03/24/1995 16: 59 817-383-1417 METROPLEX ENG PAGE 03 FIELD NOTES Town of Westlake, Texas -• Corporate Limits -- Being imits -•Being the boundary description for a tract of land in both Denton and Tarrant Counties, Texas, being within the following Denton County Surveys: Jesse Eads Survey, Abstract Number 392; Richard Eads Survey, Abstract Number 393; Jesse Gibson Survey,Abstract Number 493; William Huff Survey, Abstract Number 519; Joseph Henry Survey, Abstract Number 528; Charles Medlin Survey, Abstract Number 823; William H. Pea Survey, Abstract Number 1045; Jesse Sutton Survey, Abstract Number 1154; and the John Bacon Survey, Abstract Number 1565; also being within the following Tarrant County Surveys: Rutha Baker Survey, Abstract Number 108; A. Barnes Survey, Abstract Number 142; Leroy Boggess Survey, Abstract Number 196; F. Cuella Survey, Abstract Number 267; Jesse Gibson Survey, Abstract Number 592; William Huff Survey, Abstract Number 648; G. B. Hendricks Survey, Abstract Number 680; M. Hunt Survey, Abstract Number 756; U. P. Martin Survey, Abstract Number 1015; W. H. Martin Survey, Abstract Number 1068; W. Mann Survey, Abstract Number 1107; J. B. Martin Survey, Abstract Number 1134; Heirs of C. M. Throop Survey, Abstract Number 1510; Josiah Walker Survey, Abstract Number 1604; and the W. Medlin Survey, Abstract Number 1958; said tract being more particularly described as follows: Beginning at the most southerly southeast corner of a tract of land described by deed recorded in Volume 4113, page 373 of the Deed Records of Tarrant County, Texas, said point being in the south line of the Heirs of C. M. Throop Survey, said point also being by deed call 472.91 feet West of the southeast corner of said C. M. Throop Survey; Thence West along the south line of said Throop Survey, passing the west bank of a creek at 411 feet more or less, and continuing a total distance of 2589 feet more or less to a point In the west right-of-way line of Randol Mill Road (County Road No. 3035), said point also being In the east line of the E. H. Reeder 103.69 acre tract out of the W. H. Martin Survey, Abstract Number 1088; Thence South and Southwest with the west line of Randol Mill Road to a point for corner, said point being the Southeast corner of said E. H. Reeder 103.69 acre tract; Thence West with the south line of said Reeder tract a distance of 2075 feet more or less to the Southwest corner of said Reeder tract, being in the east line of the Josiah Walker Survey, Abstract Number 1604; Thence South 00 degrees 15 minutes East with the east line of said Walker Survey and the E. H. Reeder 100 acre tract to the Southeast corner of said Walker Survey, same being the Southeast corner of said Reeder 100 acre tract, same being in the center of Randal Mill Road; Ordinance #237, Exhibit "A' page 1 03/24/1995 16: 59 B17-363-1417 METROPLEX ENG PAGE 04 • Thence South 89 degrees 41 minutes West with the south line of said Walker Survey, same being the south lines of said Reeder 100 acre tract and the J. Glenn-Turner 77.53 acre tract a distance of 3715.28 feet to the southeast corner of said Walker Survey and the J. Glenn Turner 77.53 acre tract; _. Thence North 00 degrees 26 minutes West with the west lines of said J. Glenn Turner 77.53 acre tract and the J. Glenn Turner 154.29 acre tract a distance of 2800 feet more or less to the Southeast corner of the Terry Bradshaw 13.517 acre tract; Thence South 88 degrees 59 minutes West with said Bradshaw south line and a fence a distance of 1554.3 feet to an iron pin in the east right-of-way line of Pearson Lane (County Road No. 4041), same being the southwest corner of said Bradshaw tract; Thence Northerly with the east right-of-way of Pearson Lane, passing Aspen Lane, and continuing a total distance of 2420 feet more or less to a point perpendicular to the southeast corner of the Abe A. Bush 9.0 acre tract out of the G. B. Hendricks Survey; Thence Westerly, crossing Pearson Lane to the Bush southeast corner; Thence West with said Bush south line, passing at 1319.31 feet the southwest corner of said Bush tract, said point being North 1385.13 feet from the Southwest corner of said G. B. Hendricks Survey, and continuing on a total distance of 2550 feet more or less to a point In the east right-of-way of J. T. OttInger Road (County Road No. 4057); Thence northerly with the east right-of-way of J. T. Ottinger Road to a point perpendicular to the southeast corner of Lot 1, Carpenter Addition; Thence westerly, crossing said J. T. Ottinger Road to the southeast corner of said Lot 1, Carpenter Addition; Thence North 88 degrees 04 minutes West a distance of 563.9 feet to an angle point in the south line of said Carpenter Addition; Thence South 89 degrees 57 minutes West a distance of 761.8 feet to a found half-inch Iron rod at the southwest corner of said Carpenter Addition, same being the southeast corner of the J. Glenn Turner 81.3 acre tract; Thence South 89 degrees 31 minutes 39 seconds West with the south line of said Turner tract a distance of 1326.67 feet to a found five-eighths iron rod at the southwest corner of said Turner tract, being In the west line of the Jesse Gibson Survey and the east line of the William Huff Survey, same being the northwest corner of the Ravenwood Subdivision, an unrecorded subdivision in Tarrant County; Thence South 00 degrees 02 minutes East a distance of 3261 feet more or less with the east line of said Huff survey to a point for corner at the southeast corner of the J. Glenn Turner 8.33 acre tract, same being in the north right-of-way line of Knox Street; Ordinance #237, Exhibit 'A' page 2 03/24/1995 16: 59 817-353-1417 METROPLEX ENG PAGE 05 Thence North 89 degrees 36 minutes West with the north line of said Knox Street to a point for corner at the Southwest corner of said Turner-8.33 acre tract; Thence North 00 degrees 30 minutes West with the west line of said Turner 8.33 acre tract a distance of 433 feet more or less to a point for corner at the northwest corner of said Turner 8.33 acre tract, same point being In the common line between the A. Barnes and William Huff Surveys; Thence North 89 degrees 08 minutes West with said common survey line a distance of 100.55 feet to a point for corner at the southwest corner of the J. Glenn Turner 60 acre tract; Thence North 00 degrees 46 minutes East with the west line of said Turner 60 acre tract a distance of 951.39 feet to a point at the southeast corner of the J. Glenn turner 92 acre tract; • Thence North 89 degrees 28 minutes East with the south line of said Turner 92 acre tract, same being the north line of Oak Trails Estates, an unrecorded subdivision, to a point In the center of Roanoke Road (County Road No. 4060); Thence South 00 degrees 45 minutesof 48 seconds West with the Charles Rodmanhe center of 227.727 acretract, same Road to a point for the southeast corner being the southeast corner of the William Huff Survey, Abstract Number 648 and in the north line of the Rutha Baker Survey, Abstract Number 108; Thence East with the north line of the Rutha Baker Survey to a point in the west right-of- way line of Roanoke Road; Thence Southeasterly and South with said �convest ieeof ed tooanoke HaroldJ� Thomtonad to a olnt byln the deed south line of that certain 17.680 acre Y recorded in Volume 6023, page 915 of the Deed Records of Tarrant County; Thence West with said Thornton South line a distance of 1473 feet more or less to the southwest corner of said Thornton 17.680 acre tract; Thence North with said Thornton West line to the northwest corner of that calledFirst Tract conveyed to Jacel Thornton Fergie by deed recorded In Volume 1840, page of the Deed Records of Tarrant County, same being in the south line of the William Huff Survey and the north line of the Rutha Baker Survey, also being in the south line of said Rodman tract; Thence South 89 degrees 55 minutes 26 seconds West with the Rodman south line to an iron pin in the east right-of-way of State 26Highway seconds West a distance of15202 44 feet 1984, said point being South 89 degrees 55 minutes from the southeast corner of the William Huff Survey; Ordinance #237, Exhibit 'A' page 3 03/24/1995 16: 59 817-383-1417 METROPLEX ENG PAGE 06 Thence North 24 degrees 50 minutes East with said east right-of-way a distance of 7046.40 feet more or less to an iron rod at the southwest corner of a tract conveyed to Tabernacle Baptist Church by deed recorded in Volume:714, page 459, Denton County Deed Records; stance of Thence North 24 degrees 39 minutes or thet soith said east rihtf-way a uthwest corner ofthe LutheranlChurch 793.84 feet more or less to a point Extension Fund - Missouri Synod tract as shown by deed recorded in Volume 1016, page 955, Deed Records of Denton County; Thence North 89 degrees 46 minutes East a distance of 1324.21 feet to the southeast corner of said Lutheran Church tract; Thence South a distance of 176.39 feet to a point for corner; Thence South 84 degrees 44 minutes 13 seconds East a distance of 644 feet more or less to a point In the east right-of-way of Roanoke Road; Thence North 00 degrees 38 minutes 31 seconds East with said east right-of-way line a distance of 1280 feet more or less to ound five-eighths ich iron r 69.72 acre tracts same ben g the for rner at the northwest northwest corner of the J. Glenn Turner corner of the Jesse Gibson Survey; son Thence North 89 degrees 59 minutes 16 secondssnes beingwith the north line of said the southwest cornerofa Survey a distance of 637.62 feet to a found (called) 58.96 acre tract; Thence North 00 degrees 15 minutes 15 seconds East along or near a fence a distance of 623.08 feet to a found fence corner; Thence North 70 degrees 05 minutes 25 seconds West with a fence a distance of 335.24 feet to a found fence corner; Thence North 24 degrees 17 minutes 25 seconds East with the east feel toeof a found thquarter Roanoke original townslte, along and near a fence a distance of Inch iron rod; Thence South 84 degrees 00 minutes 45 seconds East a distance of 449.78 feet to a found quarter inch iron rod; o a Thence North 00 degrees 31 minutes 45 seconds west naetis once of 4.00shownfeet ytolat found fence corner at the southwest corner of the recorded in Volume 343, page 446, Deed Records of Denton County, Texas; Thence South 89 degrees 37 minutes 03 seconds East with the east line of the of said Bluebonnet Addition a distance of 1593.53 feet to a corner P. and P. Railroad Company Survey, said point being in the middle of a road; Ordinance #237, Exhibit 'A' page 4 03/24/1995 16: 59 017-383-1417 METROPLEX ENG PAGE 07 Thence North 00 degrees 12 minutes East a distance of 279.72 feet to a point for corner; Thence North 88 degrees 43 minutes East a distancesif 237.71 feet more or less to a point in the common Ilne between the J. Bacon Survey-and the R. Eads_Survey; Thence North 00 degrees 07 minutes East with said common survey line to a point for corner In the south right-of-way line of Dallas Street; Thence East following the south right-of-way line of Dallas Street a distance of 1100 feet more or less to a point in the south right-of-way line of State Highway 114 as it existed in 1974; Thence crossing said Old Highway 114 right-of-way, North a distance of 107.2 feet more or less to a point on the north right-of-way line of Old Highway 114; Thence with said Old Highway 114 right-of-way, North 68 degrees 48 minutes 50 seconds West a distance of 468.1 feet to the deed southwest inrof that called 'Second Volume 512, age 5 0 Tract' conveyed to Rolling Green Co., Inc., by Deed Records of Denton County; Thence North 00 degrees 15 minutes West with a west line of said Rolling Green er of said Rolling Green Second Tract a distance of 2393:2 feet to the northwest cornerTract, said point being in the south line of Howe Road; Thence South 89 degrees 50 minutes East with the south line of said Howe Road a distance of 600 feet to a point; Thence South 00 degrees 10 minutes West, departing said Howe Road, a distance of 30.0 feet to a point; Thence paralleling a north, west, and south line of said Rolling Green Second Tract, and passing 30 feet south, east, and north of, respectively, the following three calls: North 89 degrees 50 minutes West a distance of 569.8 feet, 48 South nut 00 s 50eseconds East a distance rees 15 minutes East a distance of 2342.5 feet, and South 68 degrees of 488.2 feet to a point; Thence South a distance of 32.2 feet to a point in the north right-of-way of Old Highway 114; Thence Southeasterly with the Old Highway 114 northern right-of-way, becoming continuous with the present (1995) northern right-of-way of Highway 114 after 450 feete more or less, and continuing with the present northern righme 2 ay of 50 feet State Highway of the passing Kirkwood Boulevard, and continuing to a point Intersection of State Highway 114 and Dove Road; Thence southwesterly, perpendicular to the centerline of State Highway 114, to a point on the southwestern right-of-way of State Highway 114; Ordinance *237, Exhibit 'A' pa9° 5 03/24/1995 16: 59 017-3E3-1417 METROPLEX ENG PAGE 0E Thence South 89 degrees 27 minutes 49 seconds West to a point for comer in the east line of the T. Mann Survey, Abstract Number 1107, and the west line of the J. Martin Survey, Abstract Number 1134, said point being by deed South 910,51 feet from the northwest corner of the J. Martin Survey; — Thence in a southerly direction with the common line between the T. Mann and J. Martin surveys to a point In the south line t 7 of the R.P. Estes County; Thenceshown by plat recorded In Volume 1957, page 324of the Deed Records Subdivision Tarrant Thence westerly along the south line of said Lot 7 a distance of 1349 feet more or less to the southwest corner of said beln t 7, same 1n the east being right-of-way lnorthwest lnecorner of Samf Lot 6 of School Roadld R.P. Estes Subdivision, same9 (County Road No. 3088); Thence northwesterly, crossing Sam School Road to a galvanized iron pipe by a fence corner on the west right-of-way of Sam School Road, same being in the north line of a tract of land recorded In Volume 5092, page 827, Deed Records of Tarrant County; Thence South 79 degrees 01 minutes West a distance of 213.75 feet to the northwest corner of said 5092/627 tract, same being in the west line of the T. Mann Survey, and being by deed call 1739.7 feet north of the southwest corner of said T. Mann Survey; Thence In a southerly direction along the west line of the T. Mann Survey to a point for comer, Thence North 89 degrees 30 minutes 31recordedin Volume4113, pagelstance f 472.5 feet to a point for corner in the most westerly east line of a tract of land 373, Deed Records of Tarrant County; Thence South 01 degrees 51 minutes 30 seconds East along said most westerly east line a distance of 922.67 feet, crossing Dove� of Beginning,�h herein descutherly ribed tract st corner of said 4113/373 tract, said point being the Place containing in all 4,512 acres of land, more or less. Ordinance #237, Exhibit 'A' Pag° 00 a}�/ Y r . I � , SFr . W U. U U o � �•\ l 3 -- No. 97-50203-367 DONALD R. REDDING, 7 PCT IN THE DISTRICT COURT Plaintiff §. .._ Co. Ta. vs. § OF DENTON COUNTY, TEXAS TOWN OF WESTLAKE, § Defendant § 367th JUDICIAL DISTRICT JUDGMENT ON THIS DAY came on to be heard the Motion to Enter Judgment by Plaintiff, Donald R Redding and Defendant, Town of Westlake, Texas. Plaintiff appeared by and through his attorney of record, Tiffany L. Haertling and Defendant appeared through its attorney of record, Paul C. Isham. The Intervention filed by Howard Dudley, Carroll Huntress, Al Oien and Jerry Moore has previously been stricken and dismissed from this cause of action. The Court having considered the Motion, the Rule 11 Agreement between Donald R. Redding and the Town of Westlake, the evidence presented, and the arguments of counsel, is of the opinion that said Motion should be in all things granted; and accordingly: The Court finds that the Plea of Abatement previously granted by this Court by Order dated May 5, 1997 is no longer applicable and the same should be lifted, IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the Court's Order Regarding Plaintiff's Plea in Abatement entered on May 5, 1997 is now lifted and is no longer effective. The Court finds that Westlake Ordinance No. 237 adopted on March 6, 1995 and attached hereto as Exhibit "1" is valid to the extent that it defined the Town's corporate boundaries save and except those areas north of S.H. 170 which are in dispute in Cause No. 97-50150-367, City of Roanoke vs. Town of Westlake, and that specifically, the area known as Stagecoach Hills is within the Town of Westlake's corporate b6undaries. IT IS, THEREFORE, FURTHER ORDERED, ADJUDGED AND DECREED that Westlake Ordinance No. 237 adopted unanimously by the Board of Aldermen of Westlake, Texas on March 6, 1995 is valid to establish the corporate boundaries of the Town of Westlake save and except those areas north of S.H. 170 which are in dispute in Cause No. 97-50150-367, City of Roanoke vs. Town of Westlake. The boundaries not in dispute and which are declared to be the corporate boundaries of Westlake as adopted by Ordinance No. 237 are shown in yellow on Exhibit "1" attached hereto and incorporated herein, and those areas that are in dispute as set out in Cause No. 97-50150-97 are shown in blue on Exhibit "1". The Court finds that there is no dispute as to whether the area known as Stagecoach Hills is within the corporate limits of the Town of Westlake such area having been validly annexed pursuant to Texas Local Government Code § 43.024; IT IS, THEREFORE, FURTHER ORDERED, ADJUDGED AND DECREED that the Stagecoach Hills Subdivision was incorporated within the Town of Westlake's corporate boundaries with the adoption of Westlake Ordinance No. 237. That area is shown in green on Exhibit "2" attached hereto and incorporated herein. The Court further finds that Westlake Ordinance No. 237 was adopted more than two years from the date of this Judgment and no action to annul or review the adoption of the ordinance has been initiated as it pertains to the Stagecoach Hills Subdivision and thus, it is conclusively presumed that Westlake Ordinance No. 237 was adopted with the consent of all appropriate persons; IT IS, THEREFORE, FURTHER ORDERED, ADJUDGED AND DECREED that all challenges to the annexation of the Stagecoach Hills Subdivision as shown on Exhibit "2" based on lack of actual consent by any appropriate person-are barred by the two year limitations period defined in § 43.901 of the Texas Local Government Code and that the Stagecoach Hills Subdivision are declared to be part of the corporate boundaries of Westlake. The Court further finds that Donald R. Redding is a resident of the Stagecoach Hills Subdivision and that he is entitled to run for public office in Westlake; IT IS, THEREFORE, FURTHER ORDERED, ADJUDGED, AND DECREED that Donald R. Redding or any other resident of the Stagecoach Hills Subdivision may run as a candidate for public office in Westlake provided that they meet the other qualifications for said candidacy. The Court finally finds that the settlement agreement between Donald R. Redding and the Town of Westlake, Texas provide that Donald R. Redding shall recover his reasonable attorneys' fees and expenses in the amount of $11,696.21 from the Town of Westlake; IT IS, THEREFORE, FINALLY ORDERED, ADJUDGED AND DECREED that Donald R. Redding recover from Town of Westlake, Texas his reasonable attorneys' fees and costs of court. Any relief not herein granted is specifically denied. Signed this I day of October, 1997. JUDGE PRESIDING APPROVED AS TO FORM AND CONTENT AND AGREED TO PURSUANT TO T.R.C.P., RULE 11 i-- 04-- Tiffan . Haertling, Attorney for Plaintiff, Donald R. Redding Paul . Isham, Attorney for Defendant Town of Westlake, Texas ORDINANCE NO. 237 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS ADOPTING THE METES AND BOUNDS DESCRIPTION AND OFFICIAL MAP OF THE TOWN OF WESTLAKE, TEXAS; DECLARING SAID METES AND BOUNDS DESCRIPTION TO BE THE OFFICIAL BOUNDARIES OF THE TOWN AS OF THE DATE OF THE ADOP`T'ION OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake has over a period of years by various ordinances annexed and disannexed territory from time to time; and WHEREAS, the Town Engineer has caused to be made an accurate metes and bounds description of the Town' s boundaries so as to include those properties that have been annexed and remove those properties that have been disannexed; and WHEREAS, the Town Engineer has also prepared an accurate map that reflects the Town' s current boundaries as reflected .in the metes and bounds description; and WHEREAS, the Board of Aldermen desires to officially approve the metes and bounds description of the Town and adopt the revised official map of the Town so that both the Town and all those that reside within the Town or have business with the Town can rely on the metes and bounds description and the map as the current Town' s corporate boundaries (subject to future changes through annexations and disannexations) ; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the metes and bounds description attached hereto as Exhibit "A" and incorporated herein and made a part of this ordinance does hereby constitute the corporate boundaries of the Town of Westlake as of the date of the passage of this ordinance . SECTION 2 : That the map attached hereto as Exhibit "B" and made a part hereof is hereby adopted as the "Official Map of the Town of Westlake, Texas" reflecting the Town' s corporate boundaries as of the date of the passage of this ordinance . SECTION 3 : That this ordinance shall become effective upon its passage and approval . PASSED AND APPROVED THIS 6TH DAY OF MARCH, 1995 . SCOTT B• • ILEY, MAYO •GXh'7/r II xi xi ORDINANCE ADOPTING METES AND BOUNDS AND GFFICIAL MAP - Page Two (2 ) ATTEST: 0O essa Sharpless, Town Secretary APP'• D AS TO FORM: dOtri/ " AZ-- Paul C. Isham, Town Attorney 03/24/1995 16: 59 517-383-1417 METROPLEX ENG PAGE 03 FIELD NOTES Town of Westlake, Texas Corporate Limits Being the boundary description for a tract of land in both Denton and Tarrant Counties, Texas, being within the following Denton County Surveys: Jesse Eads Survey, Abstract Number 392; Richard Eads Survey,Abstract Number 393;Jesse Gibson Survey, Abstract Number 493; William Huff Survey, Abstract Number 519; Joseph Henry Survey, Abstract Number 528; Charles Medlin Survey, Abstract Number 823; William H. Pea Survey, Abstract Number 1045; Jesse Sutton Survey, Abstract Number 1154; and the John Bacon Survey, Abstract Number 1565; also being within the following Tarrant County Surveys: Rutha Baker Survey, Abstract Number 108; A. Barnes Survey, Abstract Number 142; Leroy Boggess Survey, Abstract Number 196; F. Cue11a Survey, Abstract Number 267; Jesse Gibson Survey, Abstract Number 592; William Huff Survey, Abstract Number 648; G. B. Hendricks Survey, Abstract Number 880; M. Hunt Survey, Abstract Number 756; U. P. Martin Survey, Abstract Number 1015; W. H. Martin Survey, Abstract Number 1068; W. Mann Survey, Abstract Number 1107; J. B. Martin Survey, Abstract Number 1134; Heirs of C. M. Throop Survey, Abstract Number 1510; Josiah Walker Survey, Abstract Number 1604; and the W. Medlin Survey, Abstract Number 1958; said tract being more particularly described as follows: Beginning at the most southerly southeast corner of a tract of land described by deed recorded in Volume 4113, page 373 of the Deed Records of Tarrant County, Texas, said point being In the south line of the Heirs of C. M. Throop Survey, said point also being by deed call 472.91 feet West of the southeast corner of said C. M. Throop Survey; Thence West along the south line of said Throop Survey, passing the west bank of a creek at 411 feet more or less, and continuing a total distance of 2589 feet more or less to a point In the west right-of-way line of Randol Mill Road (County Road No. 3035), said point also being In the east line of the E. H. Reeder 103.69 acre tract out of the W. H. Martin Survey, Abstract Number 1088; Thence South and Southwest with the west line of Randol Mill Road to a point for corner, said point being the Southeast corner of said E. H. Reeder 103.69 acre tract; Thence West with the south line of said Reeder tract a distance of 2075 feet more or less to the Southwest corner of said Reeder tract, being in the east line of the Josiah Walker Survey, Abstract Number 1604; Thence South 00 degrees 15 minutes East with the east line of said Walker Survey and the E. H. Reeder 100 acre tract to the Southeast corner of said Walker Survey, same being the Southeast corner of said Reeder 100 acre tract, same being in the center of Randol Mill Road; Ordinance #237, Exhibit "A' page 1 03/24/1995 16: 59 617-383-1417 METROPLEX ENG PAGE 04 Thence South 89 degrees 41 minutes West with the south line of said Walker Survey, same being the south lines of said Reeder 100 acre tract and the J. Glenn Turner 77.53 acre tract a distance of 3715.28 feet to the southeast corner of said Walker Survey and the J. Glenn Turner 77.53 acre tract; — - Thence North 00 degrees 26 minutes West with the west lines of said J. Glenn Turner 77.53 acre tract and the J. Glenn Turner 154.29 acre tract a distance of 2800 feet more or less to the Southeast corner of the Terry Bradshaw 13.517 acre tract; Thence South 88 degrees 59 minutes West with said Bradshaw south line and a fence a distance of 1554.3 feet to an iron pin in the east right-of-way line of Pearson Lane (County Road No. 4041), same being the southwest corner of said Bradshaw tract; Thence Northerly with the east right-of-way of Pearson Lane, passing Aspen Lane, and continuing a total distance of 2420 feet more or less to a point perpendicular to the southeast corner of the Abe A. Bush 9.0 acre tract out of the G. B. Hendricks Survey; Thence Westerly, crossing Pearson Lane to the Bush southeast corner, Thence West with said Bush south line, passing at 1319.31 feet the southwest corner of said Bush tract, said point being North 1385.13 feet from the Southwest corner of said G. B. Hendricks Survey, and continuing on a total distance of 2550 feet more or less to a point in the east right-of-way of J. T. Ottinger Road (County Road No. 4057); Thence northerly with the east right-of-way of J. T. Ottinger Road to a point perpendicular to the southeast corner of Lot 1, Carpenter Addition; Thence westerly, crossing said J. T. Ottinger Road to the southeast corner of said Lot 1, Carpenter Addition; Thence North 88 degrees 04 minutes West a distance of 563.9 feet to an angle point in the south line of said Carpenter Addition; Thence South 89 degrees 57 minutes West a distance of 761.8 feet to a found half-inch Iron rod at the southwest corner of said Carpenter Addition, same being the southeast corner of the J. Glenn Turner 81 .3 acre tract; Thence South 89 degrees 31 minutes 39 seconds West with the south line of said Turner tract a distance of 1326.67 feet to a found five-eighths iron rod at the southwest corner of said Turner tract, being In the west line of the Jesse Gibson Survey and the east line of the William Huff Survey, same being the northwest corner of the Ravenwood Subdivision, an unrecorded subdivision in Tarrant County; Thence South 00 degrees 02 minutes East a distance of 3261 feet more or less with the east line of said Huff survey to a point for corner at the southeast corner of the J. Glenn Turner 8.33 acre tract, same being in the north right-of-way line of Knox Street; Ordlnance #237, Exhibit 'A' page 2 03/24/1995 16: 59 817-303-1417 METROPLEX ENG PAGE 05 Thence North 89 degrees 36 minutes West with the north line of said Knox Street to a point for corner at the Southwest corner of said Turner 8.33 acre tract; Thence North 00 degrees 30 minutes West with the west line of said Turner 8.33 acre tract a distance of 433 feet more or less to a point for corner at the northwest corner of said Turner 8-33 acre tract, same point being In the common line between the A. Barnes and William Huff Surveys; Thence North 89 degrees 08 minutes West with said common survey line a distance of 100.55 feet to a point for corner at the southwest corner of the J. Glenn Turner 60 acre tract; Thence North 00 degrees 46 minutes East with the west line of said Turner 60 acre tract a distance of 951.39 feet to a point at the southeast corner of the J. Glenn turner 92 acre tract; Thence North 89 degrees 28 minutes East with the south line of said Turner 92 acre tract, same being the north line of Oak Trails Estates, an unrecorded subdivision, to a point in the center of Roanoke Road (County Road No. 4060); Thence South 00 degrees 45 minutes 48 seconds West with the center of Roanoke Road to a point for the southeast corner of the Charles Rodman 227.727 acre tract, same being the southeast corner of the William Huff Survey, Abstract Number 648 and in the north line of the Rutha Baker Survey, Abstract Number 108; Thence East with the north line of the Rutha Baker Survey to a point in the west right-of- way line of Roanoke Road; Thence Southeasterly and South with said tract eof oanokeHaroldJ� Thorntonad to a o'nt byin the deed south line of that certain 17.680 acreconveyed to recorded in Volume 6023, page 915 of the Deed Records of Tarrant County; Thence West with said Thornton South line a distance of 1473 feet more or less to the southwest corner of said Thornton 17.880 acre tract; Thence North with said Thornton West line to the northwest corner of that calledFirst Tract conveyed to Jacel Thornton Eargie by being in eoutIn Vholue eo1the e0, page William Huff of the Deed Records of Tarrant County, 9 Survey and the north line of the Rutha Baker Survey, also being in the south line of said Rodman tract; Thence South 89 degrees 55 minutes 26 seconds West with the Rodman south line to an iron pin in the east right-of-way of Se2(seconds West a distanchway No. 377 as it e exin sted 44 fe1984, id et point being South 89 degrees 55 minutes from the southeast corner of the William Huff Survey; Ordinance *237, Exhibit 'A' page 3 03/24/1995 16: 59 817-383-1417 METROPLEX ENG PAGE 06 Thence North 24 degrees 50 minutes East with said east right-of-way a distance of 7046.40 feet more or less to an iron rod at the southwest corner of a tract conveyed to Tabernacle Baptist Church by deed recorded in Volume 714, page 459, Denton County Deed Records; —• Thence North 24 degrees 39 minutes t with southwestcorner d st 9ofthe thef-way a stance of Church 793.84 feet more or less to a point forthe Extension Fund - Missouri Synod tract as shown by deed recorded in Volume 1016, page 955, Deed Records of Denton County; Thence North 89 degrees 46 minutes East a distance of 1324.21 feet to the southeast corner of said Lutheran Church tract; Thence South a distance of 176.39 feet to a point for corner; Thence South 84 degrees 44 minutes 13 seconds East a distance of 644 feet more or less to a point In the east right-of-way of Roanoke Road; Thence North 00 degrees 38 minutes 31 seconds East with said east right-of-way line a distance of 1280 feet more or less to found 69.72 acree tract,ighths same bech iron ing g the northwest for corner at the northwest corner of the J. Glenn Turner corner of the Jesse Gibson Survey; Thence North 89 degrees 59 minutes 16 seconds East with the orth line of said bs Gibson Survey a distance of 637.62 feet to a found stone, beingthesouthwest corner a (called) 58.96 acre tract; Thence North 00 degrees 15 minutes 15 seconds East along or near a fence a distance of 623,08 feet to a found fence corner; Thence North 70 degrees 05 minutes 25 seconds West with a fence a distance of 335.24 feet to a found fence corner; Thence North 24 degrees 17 minutes 25 seconds �rEae Qwith 1 80 feethe east itoeof a found quarter Roanoke original townsite, along and near a fence a di Inch iron rod; Thence South 84 degrees 00 minutes 45 seconds East a distance of 449/8 feet to a found quarter inch iron rod; et Thence North 00 degrees 31 minutes 45 the Bluebonnetonds west a istance of Addition as shown fbytplat o a found fence corner at the southwest corner of recorded In Volume 343, page 446, Deed Records of Denton County, Texas; Thence South 89 degrees 37 minutes 03 seconds Eastr on ithe east line of the ith the south line of said Bluebonnet Addition a distance of 1593.53 feet to a corner P. and P. Railroad Company Survey, said point being in the middle of a road; Ordinance *237, Exhibit 'A' page 4 03/24/1995 16: 59 817-383-1417 METROPLEX ENG PAGE 07 Thence North 00 degrees 12 minutes East a distance of 279.72 feet to a point for corner; Thence North 88 degrees 43 minutes East a distance_of 237.71 feet more or less to a point In the common line between the J. Bacon Survey and the R. Eads_Survey; Thence North 00 degrees 07 minutes East with said common survey line to a point for corner In the south right-of-way line of Dallas Street; Thence East following the south right-of-way line of Dallas Street a distance of 1100 feet more or less to a point in the south right-of-way line of State Highway 114 as it existed in 1974; Thence crossing said Old Highway 114 right-of-way, North a distance of 107.2 feet more or less to a point on the north right-of-way line of Old Highway 114; Thence with said Old Highway 114 right-of-way, North 68 degrees 48 minutes 50 seconds West a distance of 468.1 feet to the southwest corner of that called 'Second Tract' conveyed to Rolling Green Co., Inc., by deed recorded in Volume 512, page 530, Deed Records of Denton County; Thence North 00 degrees 15 minutes Wnorthwest cort with a west nine of said Rolling Green Second er of said Rolling Green Second Tract a distance of 2393.2 feet to the Tract, said point being in the south line of Howe Road; Thence South 89 degrees 50 minutes East with the south line of said Howe Road a distance of 600 feet to a point; Thence South 00 degrees 10 minutes West, departing said Howe Road, a distance of 30.0 feet to a point; Thence paralleling a north, west, and south line of said Rolling Green Second Tract, and passing 30 feet south, east, and north of, respectively, the following three calls: North 89 degrees 50 minutes West a distance tle69ee48 mfeet, inutes uth 00 50eseconds East a distance rees 15 minutes East a distance of 2342.5 feet, and South 68degrees of 468.2 feet to a point; Thence South a distance of 32.2 feet to a point in the north right-of-way of Old Highway 114; Thence Southeasterly with the Old Highway 114 northern right-of-way, becoming continuous with the present (1995) northern right-of-way of Highway 114 after 450 feet more or less, and continuing with the present northern right-of-way of State Highway 114, passing Kirkwood Boulevard, and continuing to a point some 2,250 feet northwest of the Intersection of State Highway 114 and Dove Road; Thence southwesterly, perpendicular to the centerline of State Highway 114, to a point on the southwestern right-of-way of State Highway 114; Ordinance *237, Exhibit 'A' pa9Q 03/24/1995 16:59 017-363-1417 METROPLEX ENG PAGE 0E Thence South 89 degrees 27 minutes 49 seconds West to a point for corner In the east line of the T. Mann Survey, Abstract Number 1107, and the west line of the J. Martin Survey, Abstract Number 1134, said point being by deed South 910,51 feet from the northwest corner of the J. Martin Survey; — - Thence in a southerly direction with the common line between the T. Mann and J. Martin surveys to a point in the south line3241 7 the the R.P. of Subdivision ant County; by plat recorded In Volume 1957, page Thence westerly along the south line of said Lot 7 a distance of 1349 feet more or less to the southwest corner of said Lotn being7, same t right-of-way lthe est lnecorner of Samf Lot 6 of sald School Road R.P. Estes Subdivision, same being In the east (County Road No. 3088); Thence northwesterly, crossing Sam School Road to a galvanized iron pipe by a fence corner on the west right-of-way of Sam School 827°ad, same being in the Deed Records of Tarrant Countyrth line of a tract of land recorded In Volume 5092, page Thence South 79 degrees 01 minutes West a distance of 213.75 feet to the northwest corner of said 5092!627 tract, same being in the west line of the T. Mann Survey, and being by deed call 1739.7 feet north of the southwest corner of said T. Mann Survey; Thence in a southerly direction along the west line of the T. Mann Survey to a point for corner, Thence North 89 degrees 30 minutes 31 seconds rct of land elcoadednce �n f Vo m.5 feet e 4113, page for corner in the most westerly east line of 373, Deed Records of Tarrant County; Thence South 01 degrees 51 minutes 30 seconds East along said most westerly east line a distance of 922.67 feet, crossing Dove Place dof Beginn'ng,�he herein descutherly ribed tract st corner of said 4113/373 tract, said point being the containing In all 4,512 acres of land, more or less. Ordinance #237, Exhibit 'A' pogo O� n.r+.' dllmi }� 1 U U a, 0 cr i L 'IN