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Ord 78 Disannexing Extraterritorial JurisdictionORDINANCE NO. 78 AN ORDINANCE DISCONTINUING TERRITORY AS A PART OF THE TOWN OF WESTLAKE AND EXTENDING THE EXTRATERRITORIAL JURISDICTION OF THE TOWN OF WESTLAKE, TEXAS, TO INCLUDE THE TERRITORY SO DISCONTINUED WHEREAS, it has been proposed to the Board of Aldermen of the 'Town of Westlake, Texas, that it is desirable and to the best interest of the Town of Westlake, that the territory described in Exhibit "A", which is hereinafter called "Terri- tory", be discontinued as a part of said Town; and WHEREAS, the Board of Aldermen hereby finds and determines that the Territory consists of more than ten (10) acres, is contiguous and adjoining the lines of said Town, and that on said Territory there are fewer than one (1) occupied residence or business structure for every two (2) acres of said Territory and fewer than three (3) occupied residences or business struc- tures on any one (1) acre of said Territory; and WHEREAS, the Board of Aldermen finds that the owner of all of the Territory described in Exhibit "A" hereto has by signed petition requested that such Territory be included within Westlake's Extraterritorial Jurisdiction, as that term is defined by the Municipal Annexation Act, Vernon's Annotated Civil Statutes, Article 970a., effective immediately following the discontinuance of such Territory as a part of the Town of Westlake; and WHEREAS, the Board of Aldermen deems it desirable and to the best interest of the Town that the said Territory be dis- continued as a part of the Town of Westlake and that said Ter- ritory be included in the Extraterritorial Jurisdiction of the Town of Westlake; therefore, BE IT ORDATNED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1: That the matters and facts recited herein- above in the preamble of this ordinance are hereby found and determined to be true and correct. Section 2: That, pursuant to Article 973, Vernon's Texas Civil Statutes, the Territory is hereby discontinued as a part of the Town of Westlake, Texas. Section 3: That the Mayor of said Town is hereby author- ized and directed to enter an order on the minutes and records of the Town of Westlake to the effect that the said Territory is discontinued as a part of the Town of Westlake, and after the entry of such order the said Territory shall cease to be a part of the Town of Westlake. This Ordinance is unanimously passed on this the day of ' y , A.D., 1974. PASSED this the day of , A.D., 1974. APPROVED this the day of _1-_. A.D., 1974. APPRQVED: Town Attorney MAYOR, Town of Westlake, Texas :W= ;/-.// 3/7- /` SE M P CQ! INC. 3208 SOUTH MAIN STREET, Fort Worth, Texas 761 TO SURVEYING - ENGINEERING - MAPPING - PLANNING Phone 925-7876Area Cade 817 I` 11 Louis M. Hawkins, R.S. f Fred A. Barnett, R.S. Hobert Bartlett, R.S., 1922-1470 David A. Watson, R.S. Don M. Wood, R.S. June 19, 1974 Jahn L. Hawkins, R.S. David A. White, R.S. FIELD NOTES Town of Westlake, Texas Extra Territorial Jurisdiction - Trophy Club Planned Community Development Boundary description for a tract of land out of the T. Kelly, Abstract 704; T. H. Callaway, Abstract 272; R. Allen, Abstract 17; T. J. Allen, Abstract 7, T. J. Allen, Abstract 8; M. Medlin, Abstract 832, R. W. Allen, Abstract 5; J. Henry, Abstract 5291 J. Eads, Abstract 3921 W. Medlin, Abstract 829; J. R. Michael, Abstract 820; J. Henry, Abstract 528; J. R. Michael, Abstract 8211 W. H. Pea, Abstract 1045; C. Medlin, Abstract 8231 J. Sutton, Abstract 1154; R. Eads, Abstract 3931 and W. Medlin, Abstract 1588, Surveys, all in Denton County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a point 30 feet East and 30 feet South of the Northwest corner of the Second Tract conveyed to Rolling Green Co., Inc., in Volume 5120 Wage 5300 Deed Records, Denton County, Texas; THENCE South 89 degrees 50 minutes East 569-8/10 feet, and North 0 degrees 10 minutes East 20 feet to a points THENCE following portions of what is to be legally considered Trophy Club Estates, and passing 10 feet inside of said boundary, and parallel to same, the following courses and distances: S 890 50' E 790-6/10 feet; N 110 42' E 11-9/10 feet; S 89® S3' E 1259-0/10 feet; N 10 25* 30" E 2636-3/10 feet to a paint 10 feet East and 10 feet South of the Northwest corner of that certain Nineteenth Tract conveyed to Nelson Bunker Hunt in Volume 4612, Page 362, Deed Records, Denton County, Texas; S 890 54' E 595-8/1-0 feeti N 00 48' 30" E 21.58-9/10 feet; S 890 53' E 621-9/10 feet; eing N et So E and 10lfeetet to a East ofpalnt, said point monument markedbF540-15forlthe feet South and l0 f Page 1 of 6 pages Page 2 of 6 pages ETJ (TC) June 19, 1974 Northwest corner of said Hunt Nineteenth Tract, said monument also being on the United States of America Property line on Grapevine Reservoir, and continuing 10 feet inside and parallel to said Trophy Club boundary and 10 feet outside and parallel to said U.S.A. property line S 410 51' E 382-9/10 feet; S 430 39' E 765-6/10 feet; S 580 41' W 258-5/10 feet; s 60° 51' E 658-9/10 feet: S 490 27' E 485-5/10 feet; S 140 19' W 143-5/10 feet; S 270 35' W 419-0/10 feet; N 65° 31' E 357-9/10 feet; N 310 14' E 236-9/10 feet; S 770 48' E 431-3/10 feet; S 750 10' E 241-9/10 feet; N 00 12' W 333-6/10 feet; S 810 47' E 912-2/10 feet; S 60 14' W 466-1/10 feet; N 480 13' E 697-3/10 feet; N 890 43' E 391-6/10 feet; S 420 01' E 508-6/10 feet; N 320 45' E 513-6/10 feet; N 820 33' E 1176-8/10 feet; N 640 28' E 955-3/10 feet; N 210 50' 30" E 1620-6/1.0 feet to a point 53-4/10 feet South and 10 feet West of a monument marked E-10, said monument being on said U.S.A. property line and also being the most Northerly Northeast corner of that certain First Tract conveyed to May C. McGinnis in Volume 274, Page 563, Deed Records, Denton County, Texas, and continuing 10 feet inside of and parallel to said Trophy Club boundary; S 00 38' W 889-4/10 feet; S 810 48' E 207--2/13 feet; Page 3 of 6 pages ETJ (TG) Jame 19, 1974 S 20 32' W 614-0/10 feet; S 860 31' E 193-3/10 feet; S 00 29' E 1948-0/10 feet; S 891D 45' 30" W 1744-6/lo feet; S 0° 05' E 644-4/10 feet; and S 00 07' 30" W 1120-8/14 feet to a point, said point being 4-5/10 feet North and 10 feet West of a monument marked E--123 on the line common to said Trophy Club boundary and the U.S.A. property line on the Grapevine Reservoir; TIENCE departing said 10 foot parallel line, S 65° 25' E 11-0/10 feet to said monument E-123, and continuing with said common property line the following; courses and distances: S 490 02' W 229-55/100 feet; S 340 35' w 463-8/10 feet; S 90 59' W 491-8/10 feet; S 390 54' W 599-25/104 feet; N 860 30' W 247-75/100 feet; S 140 50' E 756-5/10 feet; N 790 17' W 1581-8/10 feet; S 680 23' W 380-9/10 feet; S 00 10' W 341-7/10 feet; N 750 56' E 120-65/100 feet; S 780 13' E 393-9/14 feet; N 330 42' E 299-1/10 feet; S 730 37' E 958-2/10 feeti S 90 39' E 221-55/100 feet; N 580 48' E 169-0/10 feet; N 40 35' W 234-0/10 feet; N 860 32' E 306-5/10 feet; N 660 24' E 877-4/10 feet; S 20 54' W 224-0/10 feet; Page 4 of 6 pages ETJ (TC) June 19, 1974 S 40° 00' E 542-25/100 feet; N 190 30' E 250-25/100 feet; N 180 05' 13" W 1000-8/10 feet; and N 290 10' E 556-4/10 feet to a monument marked E-100 on said Trophy Club and U.S.A. common property line; THENCE departing said common line, South 300 38' E 11-6/10 feet to a point 10 feet South of said line,.. THENCE passing 10 feet South of and parallel to said common property line the following courses and distances: N 890 33' 30" E 1734-3/10 feet; S 100 12' E 1222-8/10 feet; N 280 59' E 1384-7/10 feet; N 890 29' 30" E 610-3/10 feet; S 10 04' E 494-0/10 feet; N 880 57' E 342-6/10 feet; N 110 45' E 501-5110 feet; N 890 07' E 281-3/10 feet; N 890 38' 30" E 362-8/10 feet; N 890 171 E S96-»3/10 feet; S 00 09' E 39-9/10 feet; S 560 48' W 582-7/10 feet; and S 01 01' East 152-7/10 feet to a point 2-7/10 feet North and 10 feet West of a concrete monument for the Southwest corner of the United States Government Tract E -402-C; THENCE continuing 10 feet inside of and parallel to said Trophy Club boundary, the following courses and distances: S 300 02' 30" W 284-5/10 feet; South 598-6/10 feet; S 890 16' E 657-8/10 feet; S 00 08' 50" E 2727-1/10 feet; S 00 17' 30" W 3830-0/10 feet; N 890 42' W 195-9/10 feet; S 30 07' W 344-4/10 feet; Page 5 of 6 pages ETJ (TC) June 19, 1974 and N 89° 28' W 468-7/10 feet to point in the Northeast R.O.W. of State Highway No. 114; THENCE with said Northeast R.O,W., the following courses and distances - N 360 32' 30" W 186-05/100 feet to the beginning of a curve to the left having a radius of 2019-86/100 feet, and around the arc of said curve 108-58/100 feet; N 47° 53' W 58-85/100 feet to the beginning of a curve to the 1eft.having a radius of 1959-86/100 feet, and around the are of said curve 1011--41/100 feet; N 710 03' 20" W 6033-7/10 feet; N 680 48' 50" W 7936-5/10 feet to a point, said point being S 680 48' 50" E 500-3 1O feet from the Southwest corner of said Hunt Second Tract; THENCE following the West line of said Hunt tract and passing 30 feet East of and parallel to same North 32-2/10 feet, N 680 48' 50" W 468-2/10 feet, and N 00 15' W 2342-5/10 feet to the point of beginning containing approximately 2551 acres ot- land. SAYE AND EXCEPT THE FOLLOWING TWO TRACTS OF LAND TRACT ONE All that certain lot, tract or parcel of land out of the C, Medlin Survey, Abstract 823, and being the same tract of land now occupied by the Medlin Cemetery, and being more particularly described by metes and bounds as follows s BEGINNING at a point in the centerline of Medlin Road, at the most Northerly Northwest corner of that certain tract conveyed to Henry Seeligson, et al in Volume 650, Page 103, Deed Records, Denton County, Texas, as occupied on the ground; THENCE with a West line of said Seeligson tract S 000 32' E 325-1/10 feet to a point for corner; THENCE N 790 22' W 33-35/100 feet to a point for corner; THENCE S 00 05' E 497-85/100 feet to a point for corner, the Southeast corner of aforesaid cemetery property; TF3NCE N 760 24' W 432--7/10 feet to a point for corner, the Southwest corner of the cemetery property, and in the common line between N. B, Hunt, Second Tract, Volume 4612, Page 362, and said Seeligson property; THENCE with the common line between N. B. Hunt and cemetery property, N 00 11' W 776-8/10 feet to a point for corner in the centerline of Medlin Road, the Northeast corner of said N. B, Hunt, Second Tract; THENCE with said centerline of Medlin Road, N 850 26' 30" E Page 6 of 6 pages ETJ (TC) June 19, 1974 160-85/100 feet, and S 750 409 15 E 301-05/100 feet to the place of beginning, and containing some 8-134/1000 acres of land. TRACT TWO All that certain lot, tract or parcel, of land in the J. R. Michael Survey, Abstract 8210 Denton County, Texas, being that certain tract conveyed to James A. Venable and wife Paula Venable in a deed recorded in Volume 397, Page 548, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of that certain property conveyed to Hazel I. Gray by deeds recorded in Volume 352, Page 538, and Volume 3549 Page 256, Deed Records of Denton County, Texas, in the North line of Medlin Road, 20-0/10 feet from its center; THENCE along the North line of Medlin Road 20 feet from and Parallel with its center, North 89 degrees 51 minutes 30 seconds West 209-0/10 feet to a point for the Southwest corner of the tract herein described; THENCE North 0 degrees 31 minutes 30 seconds East 209-0/10 feet to a point for the Northwest corner of the Venable tract; THENCE South 89 degrees 51 minutes 30 seconds East 209-0/10 feet to a point in the East line of the Hazel I. Gray Tract for the Northeast corner of the Venable Tract; THENCE with the East line of the Hazel I. Gray Tract South 0 degrees 31 minutes 30 seconds West 209-0/10 feet to the place of beginning, containing in all 1-002/10oO acres of land, more or less. Leaving a net area of some 2,542 acres of land. SEMPCO, INC. June 19, 1974 1467 (Compiled from Records.) I, WANDA G. WHITE, Town Secretary of the Town of Westlake, Texas, do hereby certify that the attached Ordinance No. was duly passed by the Town's Board of Aldermen and approved by the Mayor of the Town of Westlake on the day of r 19 7 WITNESS MY HAND AND THE SEAL OF SAID TOWN this / % - ' day of 1974 . WANDA G. WHITE, Tckwn Secretary of the Town of Westlake, Texas PETITION FOR DISCONTINUANCE OF TERRITORY AS A PART OF THE TOWN OF WESTLAKE, TEXAS, AND INCLUSION OF SUCH DISCONTINUED TERRITORY WITHIN THE EXTRATERRITORIAL JURISDICTION OF WESTLAKE, TEXAS TO THE BOARD OF ALDERMEN OF WESTLAKE, TEXAS: The undersigned is the owner of all of the land hereinafter called "Discontinued Territory", which is described in the instrument attached hereto as Exhibit "A", which instrument is incorporated herein by specific reference. This land is additionally depicted on the map attached hereto as Exhibit "B" by the letters "ETJ(TC)" standing for Extraterritorial Jurisdiction, Trophy Club, which said map is incorporated herein by specific reference. The discontinued territory consists of approximately two thousand five hundred (2,500) acres, is contiguous and adjoin- ing the lines of the Town of Westlake, contains thereon less than one (1) occupied residence or business structure for every two (2) acres, and contains less than three (3) occupied resi- dences or business structures on any one (1) acre. By Ordinances numbered 56 through 60 inclusive, each enacted. on August 16, 1973, the Board of Aldermen of the Town of West- lake has heretofore given its consent to the creation of Denton County Municipal Utility Districts Numbers 1-5, inclusive, which considered together include all of the land within the discontinued territory. The undersigned is desirous that the Board of Aldermen of Westlake, Texas, discontinue the discontinued territory from the corporate limits of the Town of Westlake and hereby respectfully requests that such be discontinued and that the discontinued territory be placed within the Extraterritorial Jurisdiction of the Town of Westlake by Ordinance duly passed by the Board of Aldermen under the Provisions of Vernon's Ann. Civ. St. art. 970x, Sec. 3C, and the undersigned, being the owner of the discontinued territory, by executing this instrument specifically requests that the discontinued territory be so included within the Extra- territorial Jurisdiction of the Town of Westlake, Texas. The requests to discontinue and for inclusion within the Extraterri- torial Jurisdiction of Westlake are made subject to the following terms and conditions: 1. That the Board of Aldermen of the Town of Westlake grant by ordinances new consents to the creation of four Muni- cipal Utility Districts, which when considered together will include all of the land within the discontinued territory, together with other land owned by the undersigned in the project area north of Highway 114, in order to reflect that the dis- continued territory is no longer within the corporate limits of the Town of Westlake, but is included within the Town's Extra- territorial Jurisdiction. 2. That the Board of Aldermen of the Town of Westlake additionally grant by ordinance its consent to the creation of -2- one Municipal Utility District comprised of all of the discon- tinued territory, together with other land owned by the under- signed in the project area north of Highway 114, as an alternative to the creation of multiple districts. 3. That the Board of Aldermen of the Town of Westlake enact a subdivision ordinance containing the same terms, conditions, substance and form as are contained in the instrument attached hereto as Exhibit "C", which instrument is hereby incorporated herein by specific reference, and which subdivision ordinance by its terms applies to the discontinued territory under the provisions of Vernon's Ann. Civ. St. art. 970a, Sec. 4, provid- ing for the extension of the application of such ordinance to the Extraterritorial Jurisdiction of the Town of Westlake. 4. That the Board of Aldermen of the Town of Westlake adopt by ordinance the map attached hereto as the official map of Westlake, Texas,this map, Exhibit B hereto, sets forth the boundaries of the corporate limits of the Town of Westlake, taking into consideration the effect of the Ordinance discontinu- ing the discontinued territory and the effect of the Ordinance expanding the Extraterritorial Jurisdiction of the Town of Westlake to include such discontinued territory. Respectfully submitted this e`= day of June, 1974. TROPHY CLUB ESTATES By: JOHNSON-LO�GGINS., INC., Partner By: �,` � /_17 -, 00 -HN V. BURLEY -3 THE STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Gene R. Snell Secretary the FORT WORTH STAR TELEGRAM, who, being by me duly sworn, upon oath deposes and says: That the attached NOTICE OF PUBLIC JOINT MEETING OF THE of PLANNING AND ZONING COMMISSION AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE was published in the FORT WORTH STAR TELEGRAM, a newspaper published in the English language and of general cir- culation in the Town of Westlake, Texas, and in the territory of the tract of land containing approximately 2,531.24 acres adjacent to and lying north of State"Highway 114, bounded on the West, East and North by the existing boundaries of the Town of Westlake which is mentioned is said NOTICE, in the following issue: April 28 , 1974; and that the attached newspaper clipping is a true -and correct copy of said published notice. T NOTICE OF PU&C JOINT MEETING �l OF THE PLANNING AND ZONING COMMISSION ANP BOARD OF ALDERMEN OF THE-WWN OF WESTLAKE" A Public Joint Meeting ;eche Plant n9ng and Zoning Commr ion ant Board of Aldermen of thPown of Westlake will be held at 7:30 P.M. on Monday, Ma 13, 1474, at the Bit. 3 bo an in Westlake, Texas. Al BSCRIBED BEFORE ME this the 30th da of this meeting consider will bl Y given to amending the Cq�nprtherl sive Zoning Ordinance._o} tare TOW Ap: of Westlake Insofar, as 1 affects a tract of land containing approximate• ly 2,531.24 acres adjacent' to ant lying north of State HiohWay 114, `bounded on the West,asfi anq i North by the existjnq bozerl4w.ttl the Town of Westlake. _ �- _�Z NOTA PUBLIC in and for Tarrant County, Texas