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Ord 754A Amending the Town Boundary Map Southlake Westlake Meadows DisannexationTOWN OF WESTLAKE ORDINANCE NO. 754 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A MUTUAL BOUNDARY ADJUSTMENT AND AMENDING THE TOWN OF WESTLAKE OFFICIAL TOWN LIMIT BOUNDARY MAP; RATIFYING AND CONFIRMING ALL PRIOR ANNEXATIONS AND TOWN LIMIT BOUNDARIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, the Town of Westlake, Texas (the "Town") is a general law municipality operating pursuant to the Constitution and laws of the State of Texas; and WHEREAS, Westlake and Southlake desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, the governing bodies of Westlake and Southlake have determined this Agreement to be in the best interests of the health, safety, and welfare of the public; and WHEREAS, Westlake and Southlake, in the true spirit of governmental cooperation, the municipalities intend the Mutual Boundary Agreement passed by Southlake Resolution 15-050, to reflect sound growth management principles and interregional planning. WHEREAS, Section 41.001 of the Texas Local Government Code requires and authorizes the Town to adopt an official map showing the municipal boundaries and extraterritorial jurisdiction boundaries of the Town; and WHEREAS, the Town Council finds it necessary to amend the official Town Boundary Map to reflect the mutual boundary adjustment; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above statements are found to be true and correct and are incorporated into this Ordinance as if copied in their entirety. SECTION 2: That the Boundary Adjustment Agreement is hereby approved, and Tract A, as described and depicted in the Exhibit "A" of the Mutual Boundary Agreement, shall be released from the corporate boundaries of Westlake and simultaneously incorporated into the corporate boundaries of Southlake. Ordinance 754 Page 1 of 2 SECTION 3: That the official municipal boundary map of the Town (to be officially titled "Official Town Limit Boundary Map of the Town of Westlake, Texas") and depicted on attached Exhibit "B", is hereby amended to show the adjusted boundary. SECTION 4: If any section, sentence, clause or phrase of this Ordinance be declared unconstitutional for any reason, it shall not affect the constitutionality and the validity of any other section, sentence, clause or phrase, and the Town Council declares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance notwithstanding the unconstitutionality or invalidity or any paragraph, section, sentence, clause or phrase hereof. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 20t'DAY OF OCTOBER 2015. ATTEST: Kelly Edwaidg, Town Secretary APPROVED: ZO-11- L. S ton Lowry own Attorney Laura Wheat, Mayor Thomas E. Br r, T wn Manager Ordinance 754 Page 2 of 2 5. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County, Texas. 6. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. 7. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the written consent of the other party. 8. Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the "Effective Date"). 9. Either party may file a certified copy of this Agreement in the real property records of Tarrant County, Texas. 10. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. 11. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. APPROVED by the Town Council of the Town of Westlake, Texas, at its meeting held on the , r` ayof , 2015, and executed by its authorized representative. TOWN OF WESTLAKE, TEXAS Laura Wheat, Mayor ATTEST: 1O�N �F WF�� M K411y Ed rds, Town Secretary : APPROVED y the City Council of the City of Southlake, Texas, at its meeting held on theo?0'`day of , 2015, and executed by its authorized representative. ATTEST: I.D 119 By: 010a a Lori Payne, Cit: ��a,�o-ty4+19t 8i9��y�! a 0 g feta s CITY OF SOUTHLAKE, TEXAS By: Laur it , Mayor J:\Boyle-Lowry\westlake\co-agreements\co-Agrmnt-boundary adjustment- WESTLAKE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the day of 2015, by the Honorable Laura Wheat, Mayor of the Town of Westlake, a Texas municipal corporation, on behalf of said municipality. KELLY EDWARDS NoPublic, State of Texas w�`, •rw= STATE OF TEXAS " orF OF * My Comm. Exp. FF'BRUARY 3, 2018 SOUTHLAKE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § TRe foregoing oundary Adjustment Agreement was acknowledged before me on this the 3� day of oVeM641— , 2015 by the Honorable Lau - W (I ,Mayor of the City of Southlake, a Texas municipal corporation, on behalf of said municipality. LORI PAYN NOTARY PUBLIC Notary COMWSSM «"ES: 10-27-2017 State of Texas al EXHIBIT A "TRACT A" %7 AA .ti zw*4no8 30 AM j ovowo s do &M oy on ��puom IOOL125—wS pn,— Exhibit "A", Page 1 LEGAL DESCRIPTION 8.882 ACRES Being all that certain lot, tract or parcel of land situated in the T. W. Mann Survey, Abstract Number 1107 and the J. B. Martin Survey, Abstract Number 1134 in Tarrant County, Texas, and being part of that certain called 72.64 acre tract of land described in deed to Maguire Partners -Solana Land, L.P., recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas, and being part of Lot 7 of the R. P Estes Subdivision, an addition to Tarrant County, Texas, according to the plat thereof recorded in Volume 1957, Page 324 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" capped rebar set (G&A Consultants) on the east line of said 72.64 acre Tract 3, and being on the west line of State Highway 114 as evidenced by that certain called 4.452 acre tract of land described in deed to the City of Southlake, recorded in Volume 14056, Page 454 of the Deed Records of Tarrant County, Texas; THENCE N 89°04'10" W, passing at 333.22 feet a 1/2" capped rebar found at the southeast corner of said Lot 7, and the northeast corner of Lot 6 of said R.P. Estes Subdivision, continuing with the north line thereof a total distance of 1626.60 feet to a 1/2" rebar found on the west line of said 72.64 acre tract, and the east line of Sam School Road; THENCE N 17"51'30" W, 71.43 feet with the west line of said 72.64 acre tract and the east line of Sam School Road to a 5/8" capped rebar found (H&Z); THENCE N 00"34'20" W, 18.36 feet with the west line of said 72.64 acre tract and the east line of Sam School Road to a 5/8" capped rebar found (H&Z) at the southwest corner of a Right -of -Way Dedication shown on plat of Westlake/Southlake Addition No. 1, an addition to Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 283 of the Plat Records of Tarrant County, Texas; THENCE N 85°50'25" E, passing at 17.81 feet a 5/8" capped rebar found (H&Z) at the southeast corner of said Right -of -Way Dedication, and being southwest corner of Lot IR, Block 2 of said Westlake/Southlake Addition No. 1, continuing with the south line thereof a total distance of 518.00 feet to a 5/8" rebar found; THENCE N 00"15'30" W, 197.63 feet with the south line of said Lot 111 and the north line of said 72.64 acre tract, to a 5/8" rebar found; THENCE S 89°02'15" E, 881.19 feet with the south line of said Lot 111 and the north line of said 72.64 acre tract to a Texas Department of Transportation Monument on the east line thereof and the west line of said 4.452 acre tract and State Highway 114; THENCE S 37°04'00" E, 417.54 feet with the east line of said 72.64 acre tract st line of of said 4.452 acre tract and State Highway 114 to the POINT OF BEGINNING and conta' P_ �ci 8.882 acres of land. Bearings based on Texas Coordinate System, North Central Zone (4202), NAD'83. The field work was completed in the month of September, 2012. Exhibit "A", Page 2 •iy `•Mr iir MARY LOUISE GARCIA COUNTY CLERK, TARRANT COUNTY 100 W. WEATHERFORD FORT WORTH, TX 76196-0401 Receipt Time: 11/11/2015 12:54:46 PM Issued To: GRAHAM ASSOCIATES INC Receipt #: 2998648 Documents # Type # Pages Quantity Reference # Book/Page Amount 1 OPR 7 1 D215254930 $40.00 Total : $40.00 Payments # Type Payment # Amount NSF 1 CHECK 32991 $40.00 Total Payments: $40.00 THANK YOU By: MARY LOUISE GARCIA cr��;tier•. COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 GRAHAM ASSOCIATES INC 600 SIX FLAGS DR STE 500 ARLINGTON, TX 76011 Submitter: GRAHAM ASSOCIATES INC DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/11/2015 12:54 PM Instrument #: D215254930 OPR 8 PGS $40.00 D215254930 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. LIBRARY\GIS\WESTLAKE\CityLimitsSmaCing Ordinance 754 sVAON � I MUMS&M—C, i'OVA LIBRARY\GIS\WESTLAKE\CityLimitsSmaCing Ordinance 754 MARY LOUISE GARCIA *t*er*4t'�+ rtr * r * � t **ttrtfr,** GRAHAM ASSOCIATES 600 SIX FLAGS DR STE 500 ARLINGTON, TX 76011 Submitter: RUIZ RESEARCH 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 Ordinance 754 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/17/2015 1:52 PM Instrument #: D215258983 OPR 9 PGS $44.00 d By: D215258983 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.