15-050 RESOLUTION NO. 15-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPROVING A BOUNDARY
ADJUSTMENT WITH THE TOWN OF WESTLAKE, TEXAS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, a Type-A general law municipality and political
subdivision of the State of Texas and the City of Southlake, Texas, a home rule municipality and
political subdivision of the State of Texas agree that the boundary noted in "Exhibit A" attached
should be adjusted; and,
WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local
Government Code, as amended, adjacent municipalities may change boundaries by agreement,
if the area is less than 1,000 feet in width.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
Pursuant to the provisions of Section 43.031, Texas Local Government Code, the City of
Southlake hereby agrees to the boundary adjustment as identified in "Exhibit A" which is
attached hereto and incorporated herein for all purposes.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 20th DAY OF October, 2015.
CITY OF SOUTHLAKE
By
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• OVTH�k , La ra Hill, Mayor
ATTET: P 5 ••.•.....••.F
Lori Payne, TR =
City Secretary '.. •.. , ••'
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Exhibit "A"
STATE OF TEXAS §
§ BOUNDARY ADJUSTMENT AGREEMENT
COUNTY OF TARRANT §
This Boundary Adjustment Agreement ("Agreement") is made by and between the Town
of Westlake, Texas ("Westlake"), a Type-A general law municipality and political subdivision of
the State of Texas and the City of Southlake, Texas ("Southlake"), a home rule municipality and
political subdivisions of the State of Texas.
WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local
Government Code, as amended, adjacent municipalities may change boundaries by agreement, if
the area is less than 1,000 feet in width; and
WHEREAS,Westlake and Southlake are adjacent; and
WHEREAS,"Tract A", as described and depicted in Exhibit A, which is attached hereto
and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and
WHEREAS, Westlake and Southlake desire to identify mutually agreeable corporate
boundaries between the two communities; and
WHEREAS, this Agreement has been approved by the governing bodies of Westlake
and Southlake; 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,
intend this Agreement to reflect sound growth management principles and interregional
planning.
NOW, THEREFORE,Westlake and Southlake, for the mutual consideration hereinafter
stated, agree and understand as follows:
1. The findings set forth above are deemed to be true and correct and are
incorporated into the body of this Agreement as if fully set forth herein.
2. From and after the Effective Date of this Agreement, Westlake and Southlake
hereby agree that Tract A, as described and depicted in the Exhibit A, shall be released from the
corporate boundaries of Westlake and simultaneously incorporated into the corporate boundaries
of Southlake.
3. Westlake hereby releases, relinquishes and discontinues any claim or entitlement
to Tract A, as being within the corporate limits of Westlake.
4. Southlake hereby extends its corporate boundaries to include Tract A as being
within the corporate limits of Southlake.
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 Zo4bday of ci - c ( , 2015, and executed by its authorized representative.
TOWN OF WESTLAKE, TEXAS
By: irfeet:e2
La Wheat, Mayor
,,,,,,,,,,,,
,dg4OFh, -
ATTEST: 4O ZS'>►
By:__ TOCK—
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Ke ly Ed ds, Town Secretary .
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APPROVED by the City Council of the City of Southlake, Texas, at its meeting held on
the 02O' day of Q( /j 6 4,r , 2015, and executed by its authorized representative.
CITY OF SOUTHLAKE,TEXAS
By: �-S/o
Laura ill, Mayor
ATTEST. ,.��.•.... .'.ti %
By: IL
Lori Payn ittretary
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3
WESTLAKE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing Boundary Adjustment Agreement was acknowledged before me on this
the day of age bed , 2015, by the Honorable Laura Wheat, Mayor of the
Town of Westlake, a Texas municipal corporation, on behalf of said municipality.
1_0
LCO idY-
e*;'��Y!;0, KELLY EDWARDS i N Public, State of Texas
. - (�.: Notary Public
* * STATE OF TEXAS
44„jr *Cam bp.FEBRUARY 3,2OIa
SOUTHLAKE'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
To�iie foregoing oun Adjustment Agreement was acknowledged before me on this
the 3r day of tWeh a , 2015 by the Honorable (,Qtr. (-(i( ( , Mayor of
the City of Southlake, a Texas municipal corporation, on behalf of said municipality.
LORI PANE Q�
NOTARY IdNoryp%' tateofTexaS
COMMON EXPIRES:
10-27-2017
4
EXHIBIT A
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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.I.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 1R,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 1R 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 1R 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 • . •.' • line of of said 4.452
acre tract and State Highway 114 to the POINT OF BEGINNING and cont -a t•,i,--F+ . 8.882 acres of land.
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Bearings
arings 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
TOWN 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 20th DAY OF OCTOBER 2015.
xx• WES
1 Laura Wheat, ayor
ATTEST:
TEXAS
&OnX;b"'
Kelly dwarf), Town Secretary Thomas E. B �' r wn Manager
APPROVED:
kfrok_
L. Stale Lowry, T Attorney
Ordinance 754
Page 2 of 2