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°
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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
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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
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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
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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
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