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HomeMy WebLinkAboutOrd 160 Release of certain Extraterritorial Jurisdiction to the City of KellerORDINANCE NO. 160 AN ORDINANCE PROVIDING FOR THE RELEASE OF CERTAIN EXTRATERRITORIAL JURISDICTION OF THE TOWN OF WESTLAKE TO THE CITY OF KELLER, TEXAS; AUTHORIZING A MUTUAL BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF KELLER, TEXAS; AND, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART 1. That the land located within the extraterritorial jurisdiction of the Town of Westlake which is shown in green in Exhibit "A" (attached to this Ordinance and hereby incorporated by reference as if fully set forth herein) be, and hereby is, released from the extraterritorial jurisdiction of the Town of Westlake and shall no longer be included within the extraterritorial jurisdiction of said City, and said area is released so that the City of Keller, Texas, may annex the area. PART 2. That the mutual boundary adjustment agreement between the Town of Westlake and the City of Keller which is attached hereto as Exhibit "B" (and hereby incorporated by reference as if fully set forth herein) be, and hereby is, approved and the Mayor is authorized to execute the same on behalf of the Town of Westlake. PART 3. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the invalidity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the Board of Aldermen in adopting this ordinance that no portion thereof or provisions, or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof and all provisions of this ordinance are declared to be severable for that purpose. PART 4. That this ordinance shall become effective upon passage and execution of the Mayor in accordance with law. P77! PASSED AND APPROVED THIS ��_ DAY OF JANUAW, 1987. DALE WHITE, MAYOR TOWN OF WESTLAKE, TEXAS ATTEST: RRY HITE, TOWN SECRETARY APPROVED AS TO LEGAL FORM: PAUL C. (SHAM, TOWN ATTORNEY 02/60 Exhibit "B" STATE OF TEXAS § MUTUAL BOUNDARY COUNTY OFTARRANT § ADJUSTMENT AGREEMENT WHEREAS, the City of Keller, Texas ("Keller") and the Town of Westlake, Texas ("Westlake") (together, the "Cities") are duly incorporated municipalities under the laws of the State of Texas and are located in Tarrant County, Texas; and WHEREAS, pursuant to Ordinance No. _' =` of the Town of Westlake, Texas, Westlake relinquished and discontinued from its extraterritorial jurisdiction all of that territory which is shown in green in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the area shown in green in Exhibit "A" is to be annexed by Keller; and WHEREAS, the area shown in yellow in Exhibit "A" is known as Stagecoach Hills Subdivision and is recognized by Keller to be situated in the extraterritorial jurisdiction of Westlake; and WHEREAS, Keller relinquishes to Westlake its extraterritorial jurisdiction, if any, that extends into the Stagecoach Hills Subdivision so that it may become a part of the extraterritorial jurisdiction of Westlake and eventually be annexed by Westlake; and WHEREAS, the red line on Exhibit "A" represents the mutual boundary line between the Cities so that Keller may annex any lands situated south of said line; and WHEREAS, the Cities are authorized and empowered pursuant to article 970a, Vernon's Texas Revised Civil Statutes, as amended, to accomplish mutually agreeable adjustments in their boundaries and agree to reduce their extraterritorial jurisdiction; and 1 Exhibit "B" WHEREAS, the respective governing bodies of the Cities have heretofore determined that this Mutual Boundary Adjustment Agreement is in the best interest of the health, safety, morals and welfare of the citizens of the respective Cities and have authorized the Mayor of each of the Cities to execute this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and benefits flowing to both parties to this Agreement, the receipt and sufficiency of which is hereby acknowledged, the City of Keller and the Town of Westlake do hereby CONTRACT, COVENANT, WARRANT and AGREE as follows: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Mutual Boundary Adjustment Agreement as if copied herein in their entirety. Section 2. Westlake hereby releases, relinquishes and discontinues from its extraterritorial jurisdiction all that certain tract or tracts of land shown in green in Exhibit "A" attached hereto, and Keller agrees to annex said area. Section 3. Keller agrees to relinquish any rights to annex all that certain tract or tracts of land known as the Stagecoach Hills Subdivision and shown in yellow in Exhibit "A" attached hereto, and agrees that the said Stagecoach Hills Subdivision is in the extraterritorial jurisdiction of Westlake. Section 4. Keller hereby releases, relinquishes and discontinues from its extraterritorial jurisdiction, if any, all the certain tract or tracts of land which are situated in an area known as the Stagecoach Hills Subdivision, and particularly, but not limited to, that portion of the subdivision where the airplane runway is situated; and Westlake accepts said area as part of its extraterritorial jurisdiction. Section 5. The mutual boundary adjustment line between the Cities is shown in red in Exhibit "A" attached hereto, and Keller may annex any and all tracts of land situated south of said red line. 2 Executed this the day of darraary, 1987. ATTEST: City Secretary, City of Keller, Texas APPROVED: City Attorney, City of Keller, Texas ATTEST: T' n S cretary, Town of Westlake, Texas Town Attorney, Town of Westlake, Texas 02/59 3 CITY OF KELLER m Exhibit "B" r, City of Keller, Texas TOWN OF WESTLAKE oe p� By'— -- ---- --- — Mayor, Town of Westlake, Texas Executed this the Z;�I!_ day of a4y, 1987. �rE J By. /iFY r, City f Keller, Teras yo r, City Secretary, City oflKeller, Texas City Attorney, City of Keller, Texas ATTEST: Town Secrafary, Town of Westlake, Texas Town Attorney, Town of Westlake, Texas 3 TOWN OF WESTLAKE B y: Mayor, Town of Westlake, Texas BOUNDARY DESCRIPTION BEGINNING at the northeast corner of a 35.7 -acre tract First Tract in a deed from Hattie Lou Steagall Steagall to Annie Lou Lewis and Ethel Roberta Fanning 2294, Page 522 of Tarrant County, Texas, Deed Records; of land as described as and husband R. J. ,.as recorded in Volume THENCE south along the east line of said 35.7—acre tract, to its southeastern most corner, said point also being the northeastern most corner of a tract conveyed to Hugh H. White by deed as recorded in Volume 1036, Page 300 of Tarrant County, Texas, Deed Records; THENCE south along the east line of said White tract, to a point, said point being the southwestern most corner of a 17.68 -acre tract of land as conveyed to Harold J. Thornton as recorded in Volume 6023, Page 915 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said 17.28 -acre tract, to the west R.O.W. line of Roanoke Road; THENCE northerly along the west R.O.W. line of Roanoke Road to a point, said point being westerly, as projected by the north most south line, of the west most southwest corner of a 162.3 -acre tract of land as described as Tenth Tract in a deed from J. Glenn Turner, Sr., Individually and as Trustee of the Sue Reeder Turner Trust to Nelson Bunker Hunt, as recorded in Volume 4612, Page 362 of Tarrant County, Texas, Deed Records; THENCE easterly along the. north most south line of said .162.3 -acre tract to its north most southeast corner, said point being in the west line of a 60 - acre tract of land as conveyed to Ingram as recorded in Volume 1552, Page 389 of Tarrant County, Texas, Deed Records; THENCE southerly along the west line of said 60 -acre tract to its southwestern corner, said point also being on the south line of the Wm. Huff Survey, Abstract 648; THENCE easterly along the south line of said Wm. Huff Survey to the northwestern corner of a 8-1/3—acre tract of land as conveyed to Ingram as recorded in Volume 1532, Page 389 of Tarrant County, Texas, Deed Records, said point being the northwest corner of the A. Barnes Survey, Abstract 142; THENCE southerly along the west line of said A. Barnes Survey to the southwestern corner of said 8 -1/3 -acre tract, said point being in the north R.O.W. of Knox Road; THENCE easterly along the north R.O.W. of Knox Road to the southeastern corner or' said 8 -1/3 -acre tract, said point being the southeastern corner of the. aforementioned 162.3 -acre tract; THENCE northerly along the east line of said 162.3 -acre tract and the west line of the J. Gibson Survey, Abstract 592 to a point, said point being the south most southwestern corner of a 196.3—acre tract as described as Ninth Tract in a deed from J. Glenn Turner, Sr., Individually and as Trustee of the. Sue Reeder Turner Trust to Nelson Bunker Hunt, as recorded in Volume 4612, Page 362 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said 196.3 -acre tract to its southeastern corner, said point being the southwestern corner of the Carpenter Addition to said J. Gibson Survey, as recorded in Volume 388117, Page 32 of Tarrant County, Texas, Plat Records; THENCE easterly along the south line of said Carpenter Addition to a point, said point being in the east R.O.W. of J.T. Ottinger Road; THENCE southerly along the east R.O.W. of J.T. Ottinger Road to the southwestern corner of Tract Il as described in a deed from W.C. Lucas to W.T. Sharpless, as recorded in Volume 1324, Page 254 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said Tract 11 to its southeastern corner, said point being in the east line of said J. Gibson Survey, and the west line of the G.B. Hendricks Survey, Abstract 680; THENCE northerly along the east line of said J. Gibson Survey and the west line of said G.B. Hendricks Survey to a point, said point being the southwestern corner of a 9.0 -acre tract of land as conveyed to Abe A. Bush, Jr. and wife, Annette Bush, as recorded in Volume 7757, Page 334 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said 9.0 -acre tract to.a point in the east R.O.W. of Pearson Lane, said point being in the north line of 10.7 -acre tract of land as conveyed to D.E. Harrison and wife, Merline Harrison, as recorded in Volume 6170, Page 399 of Tarrant County, Texas, Deed Records; THENCE southerly along the east R.O.W. of Pearson Lane to the southwestern corner of a 13.517 -acre tract of land as conveyed to Merlin L. Trehus and wife, Linda A. Trehus, as recorded in Volume 6208, Page 970 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said 13.517 -acre tract to its southeastern corner, said point being in the west line of 154.47 -acre tract of land as described as Tract B, Seventeenth Tract in a deed from J. Glenn Turner, Sr., Individually and as a Trustee of the Sue Reeder Turner Trust to Nelson Bunker hunt, as recorded in Volume 4612, Page 362 of Tarrant County, Texas, Deed Records; THENCE southerly along the west line of said 154.47 -acre tract to its southwestern corner, said point being the northwestern corner of a 77.8 -acre tract of land as described as Tract A of said Seventeenth Tract; THENCE southerly along the west line of said 77.8 -acre tract to its southwestern corner; -2- THENCE easterly along the south line of said 77.8 -acre tract to its south6most southeastern corner, said point being the south most southwestern corner of a 284.44 -acre tract of land as conveyed to Eurdevco, N. V. as recorded in Volume 6686, Page 203 of Tarrant County, Texas, Deed Records; THENCE easterly along the south line of said 284.44 -acre tract to a point in the west R.O.W. of Precinct Line Road. -3-