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1988-018CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 88-18 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A BOUNDARY AGREEMENT WITH THE CITY OF WESTLAKE, TEXAS, AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT; DECLARING AN EFFECTIVE DATE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E: ction 1. That the City Council hereby approves a Boundary Agreement with the City of Westlake, Texas, in the form attached hereto as Attachment "A", and authorizes and directs the Mayor to execute and deliver such Agreement to the City of Westlake, on behalf of the City. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED, APPROVED AND EFFE oda of March, 1988. % Magor, 1C-ity of Southlake, ATTEST: ,'``S ttiIt ettt,, ii L ,'''' City Secretary, City of Southlake, Tex APPROVED: City Attorney, City of Southlake, Texas 0 2 1 3 a/ 3 9 BOUNDARY AGREEMENT THIS AGREEMENT is made and entered into as of October 20, 1987, by and between the City of Southlake, Texas (hereinafter referred to as "SOUTHLAKE"), and the City of Westlake, Texas hereinafter referred to as "WESTLAKE"). WHEREAS, SOUTHLAKE has annexed certain territory by its Ordinance No. 319, adopted on November 19, 1985, and Ordinance No. 386, adopted on October 20, 1987; and WHEREAS, WESTLAKE has asserted that certain of the territory annexed by SOUTHLAKE is within the overlapping extraterritorial jurisdiction of both SOUTHLAKE and WESTLAKE; and WHEREAS, representatives of SOUTHLAKE and WESTLAKE have met and agreed on a mutually acceptable boundary from Dove Road to State Highway 114 which is in the best interest of the citizens of each City; and WHEREAS, SOUTHLAKE has agreed to disannex such territory in the overlapping extraterritorial jurisdiction of the Cities and to, thereafter, release to WESTLAKE all its rights to its extraterritorial jurisdiction in such territory and in all other territory within WESTLAKE in accordance with the newly created mutual boundary between the Cities; and WHEREAS, WESTLAKE has agreed to release to SOUTHLAKE all its extraterritorial jurisdiction rights in the territory within SOUTHLAKE in accordance with the newly created mutual boundary between the Cities. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises expressed herein, SOUTHLAKE and WESTLAKE agree as follows: Section 1. Statement of Intent. It is the intent of SOUTHLAKE and WESTLAKE to modify their respective boundaries from Dove Road to State Highway 114 as set forth in Exhibit "B" hereto. Each party understands that it will be necessary for SOUTHLAKE to disannex the territory described in Exhibit "A" hereto. Section 2. Disannexation. Upon execution of this Agreement, SOUTHLAKE agrees to take, begin and expeditiously complete all proceedings necessary to disannex the territory described and shown in Exhibit "A" hereto. 0 2 3 8 a Section 3. Boundary Aqreement. From and after the date of disannexation by SOUTHLAKE of the territory described in Exhibit "A" hereto in accordance with Section 2 hereof, SOUTHLAKE and WESTLAKE agree that the mutual boundary of the Cities from Dove Road to State Highway 114 shall be as described and shown in Exhibit "B" hereto. Section 4. Apportionment of Extraterritorial Jurisdiction. a) Upon disannexation by SOUTHLAKE of the territory described in Exhibit "A," SOUTHLAKE shall immediately grant, relinquish, and apportion unto WESTLAKE all of its extraterritorial jurisdiction rights in the territory described in Exhibit "A," and shall waive all of its extraterritorial jurisdiction rights in such territory and in the territory within WESTLAKE in accordance with the mutual boundary description attached as Exhibit "B" hereto. It is expressly agreed and understood that said waiver shall operate only in favor of WESTLAKE, and shall not constitute a waiver of any right, including extraterritorial jurisdiction rights, which SOUTHLAKE may be able to assert against any other municipality. b) WESTLAKE hereby grants, relinquishes, and apportions unto SOUTHLAKE all of its extraterritorial jurisdiction rights in the territory within SOUTHLAKE in accordance with the mutual boundary description attached as Exhibit "B" hereto, and waives all of its extraterritorial jurisdiction rights in such territory. It is expressly agreed and understood that said waiver shall operate only in favor of SOUTHLAKE, and shall not constitute a waiver of any right, including extraterritorial jurisdiction rights, which WESTLAKE may be able to assert against any other municipality. EXECUTED the day ofR. ,(/ 1988. CITY ;OF SOU LAKE; TEXAS By Mayor ' AT EST: S N L A CA :` S ity Secretary IZ 2- 0 2 3 8 a APPROVED AS TO FORM: City Attorney, City of Southlake, Texas CITY OF WESTLAKE, TEXAS By ATTEST: City Secretary APPROVED AS TO FORM: City Attorney,C I? y o Westlake, Texas 0 2 3 8 a 3- Mayor EXHIBIT "All LEGAL DESCRIPTION PARTIAL DISANNEXATION OF ORDINANCES 386 AND 319 BEING a tract of land in the T.W. MANN SURVEY, ABSTRACT NO. 1107 and the C.M. THROOP SURVEY, ABSTRACT NO. 1510, the JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, the U.P. MARTIN SURVEY, ABSTRACT NO. 1015, and the W. MEDLIN SURVEY, ABSTRACT NO. 1958, Tarrant County, Texas, and being more particularly describe,6 as follows: BEGINNING at the northwest corner of the J.B. MARTIN SURVEY, ABSTRACT NO. 1134, Tarrant County, Texas, a 1/2 inch iron rod found in the northeasterly right-of-way of State Highway No. 114 (a 220 foot wide right-of-way) ; THENCE along the said northeasterly right-of-way of State Highway No. 114 N 360 32' 00" W, continuing along a projection of said R.O.W. to a point for a corner in the centerline of County Road #3088 (Sam School Road), said point beinc in the common boundary line between Westlake and Southlake and described in the City of Westlake Ordinance #81; THENCE South with the projected center line of County Road #3086 (Sam School Road) (Peytonville Road) to a point for a corner in the southwest R.O.W. line of S.H. 114; THENCE Southeast along the southwest R.O.W of S.H. 114 a distance of approximately 2,796.55 feet to a point for a corner, said point being the southeast corner of a tract by deed to I.B.M. recorded in V. 7422 P. 2157, DRTLT as described in ordinance #447 city limits of the City of Westlake; THENCE N 88° 29' 50" W along the south line of said I.B.M. tract continuing along an existing south boundary line of Westlake City Limits in all 907.75 feet to point for a corner, said corner being the N.E. corner of a tract by deed to I.B.M. V. 7824 P. 2033 DRTCT; THENCE S 00° 171 58" W along the east line of said I.B.M. tract a distance of 197.59 feet to an iron pin in its S.E. corner; THENCE S 86° 22' 05" W a distance of 518.25 feet to the S.W. corner of said I.B.M. tract; THENCE N 190 09' 01" W along the east R.O.W. of Sam School Road a distance of 393.02 feet to an iron pin being the S.W. corner of a tract by deed to I.B.M. V. 7376 P. 1779 DRTCT and being in the east R.O.W. of Peytonville Road Sam School Road) (County Road #3088); THENCE S 88° 45' 45" W crossing Peytonville Road (County Road #3088) and continuing a distance of 117.01 feet to the S.E. corner of the G.H. Harmon 120.6 acre tract out of the C.M. Throop Survey, Abstract 1510 as recorded in V. 2060, P. 75, DRTCT, and as described in ordinance 81, City Limits of the City of Westlake; THENCE Westerly with the south line of the said Harmon 120.8 acre tract to a point at the northeast corner of a 57.32 acre tract; A-1 THENCE with the East line and fence line of said 57.32 acre tract as follows: S 100 16' 30" E 279.3 feet; S 110 10' 30" E 142.3 feet; S 260 40' 30" E 97.9 feet; S 230 36' West 1133.5 feet; and S 70 02' W 580.3 feet to a point in the North line of County Road No. 3080; THENCE in a Southwesterly direction across said County Road #3080 (Dove Road) to a point in the south line of said road, and the center of a branch; TMNCE up said branch, South 121.6 feet to a point on the west bank of said branch, at a point approximately 884 feet west of the southeast corner of the aforesaid Throop Survey; THENCE East along the south line of said Throop Survey to a print for a corner by deed call 472.91 feet west of the southwest corner of said C. Throop Survey, said point being the most southerly southeast corner of a tract of land as recorded in Vol. 4113, P. 373, DRTCT. THENCE N 010 51' 30" W along the most westerly east line of the said tract 922.67 feet to a point for a corner; THENCE S 890 30' 31" E 472.5 feet to a point for a corner, said point being in the west line of the T. Mann Survey A-1107; THENCE in a northerly direction along the vest line of said T. Mann Survey to a point for a corner, said point being by deed call 1739.7 feet north of the southwest corner of the T. Mann Survey and being the northwest corner of a tract of land recorded in Vol. 5092, P. 627, DRTCT; THENCE N 790 01' E 213.75 feet along the north line of said tract to a galvanize(f iron pipe by a corner of the fence in the west line of County Road 43088 (Sam School Road); THENCE in a southeasterly direction crossing County Road #3088 (Sam School Road) to a point for a corner, said point being the southwest corner of Lot 7 and the northwest corner of Lot 6 of the R.P. Estes Subdivision as recorded in Vol. 1957, P. 324, DRTCT; THENCE easterly along the common south line of Lot 7 and north line of Lot 6 by deed a distance of 1349 feet to a point for a corner in the east line of the T. Mann Survey; THENCE in a northerly direction along the east line of the T. Mann Survey and the west line of J. Martin Survey A-1134 to a, point for a corner, said point being by deed South 910.51 feet from the northwest corner of the J. Martin Survey and being the southwest corner of the tract of land annexed into the City of Southlake by ordinance #319 (Tract II); A-2 THENCE N 89° 27' 49" E to a point for a corner in the southwesterly R.O.W. of State Highway 114 THENCE northeasterly at a right angle to S.H. 114 centerline, crossing S.H. 114 to a point for a corner in its northeasterly R.O.W., said point being in the southwest line of a tract of land annexed into the City of Southlake by Ordinance126; THENCE northwesterly along the northeasterly R.O.W. of S.H. 114 and said Ordinance #126 tract to the POINT OF BEGINNING and containing 45 acres of land, more or less, as shown on attached exhibit 'A'. A=3 VpVEY S coc, vk f. 80\UNDARY OF ORD.386 1:L EXHIBIT A55 1 -- 7 AA. A JA 0 - OL 9-0241 Com` All At kNi 3QR , 1% N I as D ORD. 87. i "Iz EXHIBIT B LEGAL DESCRIPTION MUTUAL BOUNDARY BETWEEN THE CITY OF SOUTHLAKE, TEXAS AND THE CITY OF WESTLAKE, TEXAS FROM DOVE ROAD TO STATE HIGHWAY 114 BEGINNING at a point along the south line of the C.M. Throop Survey, Abstract No. 1510, said point being a corner by deed call 472.91 feet west of the southwest corner of said C.M. Throop Survey, said point being the most southerly southeast corner of a tract of land as recorded in Vol. 4113, P. 373, DRTCT. THENCE N 010 51' 30" W along the most westerly east line of the said tract 922.67 feet to a point for a corner; THENCE S 890 30' 31" E 472.5 feet to a point for a corner, said point being in the west line of the T. Mann Survey A-1107; THENCE in a northerly direction along the west line of said T. Mann Survey to a point for a corner, said point being by deed call 1739.7 feet north of the southwest corner of the T. Mann Survey and being the northwest corner of a tract of land recorded in Vol. 5092, P. 627, DRTCT; THENCE N 790 01' E 213.75 feet along the north line of said tract to a galvanized iron pipe by a corner of the fence in the west line of County Road #3088 (Sam School Road); THENCE in a southeasterly direction crossing County Road #3088 Sam School Road) to a point for a corner, said point being the southwest corner of Lot 7 and the northwest corner of Lot 6 of the R.P. Estes Subdivision as recorded in Vol. 1957, P. 324, DRTCT; THENCE easterly along the common south line of Lot 7 and north line of Lot 6 by deed a distance of 1349 feet to a point for a corner in the east line of the T. Mann Survey; THENCE in a northerly direction along the east line of the T. Mann Survey and the west line of J. Martin Survey A-1134 to a point for a corner, said point being by deed South 910.51 feet from the northwest corner of the J. Martin Survey and being the southwest corner of the tract of land annexed into the City of Southlake by Ordinance #319 (Tract II); THENCE N 890 27' 49" E to a point for a corner in the southwesterly R.O.W. of State Highway 114; B-1 0 2 3 8 a THENCE northeasterly at a right angle to S.H. 114 centerline, crossing S.H. 114 to a point for a corner in its northeasterly R.O.W., said point being in the southwest line of a tract of land annexed into the City of Southlake by Ordinance #126. B-2 0 2 3 8 a EXHIBIT "B" TO BOUNDARY AGREEMENT BOUNDARY OF\ ORD.386 O T/ ot41 10 to Vkw tin YA QR ,188 OR 3jiLDIZ ORD. 8%. THENCE West along a line that is the north right-of-way line of said un -named road, said line being the south property lines of Tracts 2, 3, 4, 5, 6, 7 and 22 of said R. D. Price Survey continuing past the west line of said R. Price Survey to a point on the west R.O.W. of T. W. King Road for a point in the J. Henry Survey, Denton County Abstract 528; THENCE North along the west R.O.W. line of T. W. King Road, passing the south line of the M. Medlin Survey, Denton County Abstract 832, continuing along the west R.O.W. to a point due west of the northwest corner of the I. Belcher Survey, Denton County Abstract 30; THENCE East, crossing T. W. King Road and continuing along the north line of the I. Belcher Survey, to its northeast corner; THENCE Southeasterly to a point in the north line of the Hardy A. Throop Survey, Abstract No. 1273 (Denton Co.), said point being the S.E. corner of the William Phillips Survey, Abstract No. 1017 (Denton Co.) and the S.W. corner of the N. S. Hazleton Survey, Abstract No. 546 Denton Co.); THENCE Southwesterly to a point for the most westerly northwest corner of the J. Wizwell Survey, Abstract No. 1348 (Denton Co.); THENCE South along the west line of said Wizwell Survey to its S.W. corner, said corner being in the north line of the John Wizwell Survey, Abstract No. 1347 (Denton Co.); THENCE Southwesterly to a point in the -west line of said J. Wizwell Survey, Abstract no. 1347, said point being 1150 feet north to its S.W. corner, and being 4200 feet north of the S.W. corner of the John Childress Survey, Abstract No. 254 (Tarrant Co.); THENCE West to the N.E. corner of the David Douthit Survey, Abstract No. 1607 (Denton Co.), THENCE West along the North line of the David Douthit Survey to its N.W. corner for the POINT OF BEGINNING, containing 1284 acres of land, more or less. SAVE AND EXCEPT any parcel of land within this description which has been previously annexed into the City of Southlake. tom'`,,/"'_" 1 s `— \ y • s- - ,,^..,, \ . :...,` Y ` ' . 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