Loading...
Res 07-46 Accepting a Petition Requesting an Annexation From AIL InvestmentsRESOLUTION NO. 07-46 A RESOLUTION OF THE TOWN OF %'FSTLAKE, TEXAS, ACCEPTING A PETITION REQUESTING ANNEXATION PURSUANT TO SECTION 43.028 OF THE TEXAS LOCAL GOVERNMENT CODE, FROM THE PROPERTY OWNER AIL INVESTMENTS, L.P. OF PROPERTY GENERALLY DESCRIBED AS APPROXIMATELY 1.314 ACRES SITUATED IN THE M.E.F. AND P.R.R. CO. SURVEY, ABSTRACT NO. 923, AND THE J. BACON SURVEY, ABSTRACT NO. 1565, TOWN OF WESTLAKE, DENTON COUNTY, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 43.028 of the Texas Local Government Code authorizes owners of real property to petition municipalities for annexation; and WHEREAS, AIL Investments, L.P., (the "Owner") has filed a petition (the "Petition") with the Town of Westlake, Texas, requesting annexation of property generally described as approximately 1.314 acres situated in the M.E.P. and F.R.R. Co. Survey, Abstract No. 923, and the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas (the "Property"); and WHEREAS, all the provisions of state law, including but not limited to, Sections 43.028 of the Texas Local Government Code have hereby been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That all of the above findings are hereby found to be true and correct and are incorporated into the body of this Resolution in their entirety. Section 2. That the Petition to consider annexation on the Property filed by the Owner, as shown on attached Exhibit "A", is hereby approved. Section 3.. That the terms and provisions of this Resolution shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this Resolution should be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, subsection, sentence, clause or phrase of this Resolution. Section 4. This Resolution contemplates the full and final satisfaction of those certain "Conditions", as defined in Section 10. a. of that certain Master Agreement regarding boundary adjustment and other matters ("Master Agreement") by and among the Town of Westlake, Texas, the City of Roanoke. Texas, 170 Retail Associates, Ltd., HCA Health Services of Texas, Inc., and IAL Investments, L.P. Notwithstanding anything to the contrary, if such "Conditions" set forth in Section 10. a. of the Master Agreement have not been fully and finally satisfied by the "Termination Date", as defined in Section 10. b. of the Master Agreement, then this Resolution shall automatically be deemed null and void from and after the Termination Date for all purposes. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 23rd DAY OF JULY 2007. ATTEST: By: 4im Sutter, TRMC, Town Secretary APPROVED AS.,TQ FO Towa,/Attorney APPROVED: �fr Scott6radley. Mayord, HABoyle-Lowry\West LakOwl-resolutionslwl-resol AIL -request annex of propty.doc '1 PETITION AND AFFIDAVIT OF L. RUSSELL LAUGHLIN. ON BEHALF OF AIL INVESTMENTS, L.P. FOR ANNEXATION PURSUANT TO SECTION 43.0211 OF THE TEXAS LOCAL GOVERNMENT CODE THE STATE OF TEXAS § COUNTY OF DENTON § TO THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, A TYPE A GENERAL LAW MUNICIPALITY IN AND FOR THE STATE OF TEXAS: I, the undersigned, L. Russell Laughlin, having been duly sworn depose as follows: 1. "My name is L. Russell Laughlin. I am over the age of eighteen, have never been convicted of a felony, and am of sound mind, full} capable of making this petition and affidavit and personally acquainted with the facts herein stated: 2. 1 am the Senior Vice President of Hillwood Alliance GP, LLC, general partner of Hillwood Alliance Management, L.P., general partner of AIL Investments, L.P., owner of a parcel of land known as approximately 1.314 acres situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 923 and the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas, and further described in the attached Exhibit A (hereinafter the "Proyerty'). To the best of my actual knowledge, the Property is located within the extraterritorial jurisdiction of the Town of Westlake, is contiguous to the Town Limits of the Town of Westlake, is one-half mile or less in width, and is vacant and without residents or on which fewer than three (3) qualified voters reside. 3. As the duly authorized representative of the Property, I hereby petition the Board of Aldermen, on behalf of the property owner, to extend the present Town municipal boundaries so as to include the Property as part of the Town for all purposes. By filing this Petition and Affidavit with the Mayor of the Town of Westlake, in care of the Town Manager of the Town of Westlake, I certify my desire, on behalf of the property owner, that the Property be annexed by the Town of Westlake in accordance with Section 43.028 of the Texas Local Government Code. 4. I further affirm that I have the full authorization to execute this Petition and Affidavit on behalf of the property owner. WITNESS MY HAND this day of AIL INVESTMENT, L.P., a Texas limited partnership By: Hillwood Alliance Management, L.P., a Texas limited partnership, its general partner By: Hillwood Alliance GP, LLC, a Texas limited liability company, its general partner By: Na+R4uss�hjin Title: Senior Vice President Date: -(0 - a 6-0 7� THE STATE OF TEXAS COUNTY OF TARRANT 2047. The foregoing instrument was acknowledged before me on n2�) , 2007, by L. Russell Laughlin, Senior Vice President of Hillwood Alliance GP, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of Hillwood Alliance Management, L.P., a Texas limited partnership, on behalf of said limited partnership, in its capacity as general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. ,.r�`a;"r'"'•a. LORI L. BOWLING " L� Notary Pullhc. State of Texas Notary Public, State of Texas My Commission Expires October 17, 2007 Exhibit A to Petition for Annexation Legal Description of AIL Tract BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and being a portion of that tract of land as described by deed to AIL Investment, L.P. and recorded in Volume 4116, Page 183, Real Property Records of Denton County and in Volume 13275, Page 542, Deed Records of Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found at the southeast corner of Town of Roanoke tract as recorded in Volume 13368, Page 505, Deed Records of Tarrant County and Volume 4184, Page 725, Real Property Records of Denton County, Texas, being a corner in the westerly line of 170 Retail Associates, Ltd. tract as recorded in Count, Clerk's filing No. 2005-136073 (Denton County) and No. D205325970 (Tarrant County); THENCE N 89054'34"E, 1658.19 feet to the POINT OF BEGINNING in the southerly right- of-way line of State Highway 170 (variable width right-of-way); THENCE N 34039'39"E, 368.29 feet along said southerly right-of-way line; THENCE S 7504P23"E, 65.50 feet, leaving said southerly right-of-way line; THENCE N 89052'23"E, 19.84 feet; THENCE S 00039'46"E, 291.06 feet; THENCE N 89°10'35"W, 296.16 feet to the POINT OF BEGINNING and containing 57232.9279 square feet or 1.314 acres of land more or less.