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Res 16-31 Designating a Neighborhood Empowerment Zone Charles Schwab Property
TOWN OF WESTLAKE RESOLUTION 16-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING A NEIGHBORHOOD EMPOWERMENT ZONE IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS,the Town Council ("Council") of the Town of Westlake, Texas, ("Town"), desires to promote and increase economic development in the Town, and the property described herein,pursuant to Chapter 378 of the Texas Local Government Code; and WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire to enter into a partnership to continue this planned growth through an economic development agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake as established in Resolution 16-26, approved on June 16, 2016: and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct and are incorporated herein in their entirety. SECTION 2: That the Council hereby finds and determines that: (a) That the creation of a Neighborhood Empowerment Zone ("Zone")would promote an increase in economic development in the Zone; (b) The property to be contained within the Zone is described in attached Exhibit "A" and incorporated herein in its entirety; (c) That the creation of the Zone benefits and is for the public purpose of increasing public health, safety and welfare of the persons in the Town, and the creation of the Zone satisfies the requirements of Section 312.202 of the Texas Tax Code. SECTION 3: That pursuant to Chapter 378 of the Texas Local Government Code, the Council hereby creates the Zone in the earlier described Exhibit "A", attached hereto and incorporated herein. SECTION 5: That the Zone shall take effect on the 22°d day of August 2016. Resolution 16-31 Page 1 of 2 SECTION 6: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid. provision. SECTION 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22"d DAY OF AUGUST 2016. ATTEST: #, . $r ., Y � Laura L. Wheat, Mayor .AVAV 14 ,s+ Kelly Edwards, Town Secretary homas E. Brymer, 'anager APPROVED AS TO FORM: O. OF WFS) gym: Sky- : * If L. Sta n Lowry, Tow, Attorney w..s� � �AS {1111 �inustiYlt ! Resolution 16-31 Page 2 of 2 OR' VILLAGE. RAIL 4„ , N� o w II = o O , P r / I � /(Iii_ N o MAIN �_ � NO. BEARING DISTANCE i Z I I I W _ : E �� L1 S89° 27 ' 07 "W 127. 87 ' I = I 1 I iii \ r site L2 S89° 27 07 W 78. 72 ' w I 1 I o _ •-Turner L3 S00° 32 ' 53 "E 25. 20' j 5 I 1 I S '> �, o Lake /" L4 S89° 27 ' 07 "W 1 94 . 1 1 ' 200'Temporary Lake / i I fY T - __ Construction Easement w 10 0 200 3 0 0 m T/tic, I L 5 N89° 27 ' 07 "E 1 6. 7 2 ' Vol.4247.Pg.2899 a I0 L6 S89 27 07 W 11 . 14 o 1 I ■ lArArio.......10------ Oddfellows Cemetery N L7 N00° 32 ' 53 a "W 49. 98 ' / 1 L8 589° 27 ' 07 "W 1 70. 26' // I GRAPHIC SCALE IN FEET VICINITY MAP N.T.S. oI 1 L9 N80 32 48 E 304 . 03 ' 1 / I , N L10 N64° 51 ' 12 "E 213. 57 ' / 1 c / 1 Legend t\aK Reta\ \ - 1 ....._ .__ _ — / WA s # 198 R0ote 11 g649 i1 -- SSIGN Inst.D.P•R.D•C.1. / j c a TP TELEPHONE PEDESTAL , — _—� �/ i I 42� sand �P — a �/ 20'Public Utility Easement I NW P ar ce I #55583 5, © TELEPHONE MANHOLE , / Tract I I # 2009- m / BURIED CABLE MARKER / TELEPHONE ,' / Vo1.4247,Pg.2908 j inSa.P R•o.c•T m U / -- 1 I O.PR.D.C.T. o ® WATER MANHOLE / / L • IRS IRs O I I / N 1 PIPELINE MARKER ' 1 I o L ccs $ i i ' L 8 ✓ 40'Temporary Hike & Bike 0 L I G H T POLE ,� I 1 I C 4 L 7 i Troll Construction Easement 0 POWER POLE 0���� 1 I 'R S IRS c a3(/"\\ Val'o.R.D.C.T.883 PO '5q� I I I IRS C3 \ I So SERVICE POLE Pip �� NO ° // N IRs�c I\ 1 1 0_ 7 GUIDE WIRE n\- 0,K . G /y N� /' / / / ,n P / ,� / / L5 i r O © GAS MANHOLE 7 , / 1 . 802 Ac. / --___ �� ��� ,�' , I ❑ SIGNAL BOX / C �,-___-- IRS IRS i 'J IRS �-. • /� �` � ,/ — L2 1 IRs L1 if SIGNAL POLE l `� L4 °\ LPointof / \ �HW 2421 Land LP • ,Rs IRs \— — — ' — — Parcel *1 L3 Cl Commencing / Inst.* 2009-55583 NO Point of / O.P.R.D.C.T. / cc, R Beginning I / � / /, - // /i L 9 -'_EDGE OF WATER I / / / / I /5'Hike & Bike Troll Easement-. / /r / , Vol.4247•Pg.2883 ! '•, / i O.P.R.D.C.T. !.--- / 2•--- - \ ,00 0 G),,( I HW 2421 Land LP 6v N() ° I / / -_r`- i' ,, Parcel #1 J�0(�POK : � - � • '�.� Inst.# 2009-55583 10' I 1 I ,' -F}— Lake Area Vol.4247,Pg.2837 O.P.R.D.C.T. - 0.P.R.D.C.T. I W (n 1 / / > a 1 / I / '.. x 1 I i Q 1 z w LL Approximate l00 Year Floodplain O O O 1 < U \ digitized from Flood Insurance Rate Map W iimi = \ _� EDGE OF WATER z Map no.48121C0655G,Revised April l8,20l1 > nU O - 1_ • '`\ T12 V) w \ 'ci 6111ro — — — — — — —-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—LI = o \�, O d LP H- I� Q rn an n V V z Tr) \ \�, Hw Pa Ice # 5583 j I \--1-<<\ \nst # R.D.0 j I � z R O CI \\ oP 1 DENTON COUNTY II APPROXIMATE COUNTY LINE mCCI m - - - - - - `\=\+ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - TARRANT COUNTY - - - - - - - - - - - - - - - - - I 1 ; ' Q Q = • •\ - .-. 1 tucKe I = z \ ............. Town (:)- p208o�j338 I H- \ InSO.P•R•T C II Q o \ II CD DC • z H- + 1 1 a cn o _ I CO \ a i ' L_ \ I PIPE FENCE O ,�( . x�x�ARB�x x x x _ x —X— — — X — — X — — X—�— x x — — x — — x� I w x x L BRIDGE ASPHALT :� rj Ill 0{ West U(3 e jI x Mar9oret pB. Ueeg3p W I Town #02p6256g55 \ InSt.P•R?T•C T 1ns0•P.R 1 .•-• T \.\ II NOTES: `\ IIx II 1 . THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A COMMITMENT OF THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY UNDER GF NUMBER 1002-171131-RTT, AND HAVING AN 1 EFFECTIVE DATE OF NOVEMBER 15, 2015 AND WAS RELIED ON FOR x EASEMENTS AND OTHER MATTERS OF RECORD. NO. DELTA RADIUS LENGTH BEARING DISTANCE p Cl 79° 36'02" 211.21' 293.43' S 89° 27'07" W 270.40' m 2. BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, TEXAS — ZN NORTH CENTRAL ZONE, 4202. NAD83. C2 60° 21' 43" 194.92' 205.35' N 60° 53' 56" W 195.99' Z C3 10° 47' 26" 179.93' 33.89' N 28° 08' 22" W 33.84' 3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP = _ = O 0 STAMPED "PELOTON" UNLESS OTHERWISE NOTED. C4 90° 00'00" 30.00' 47.12' S 44° 27'07" W 42.43' _ °J C5 43° 51' 24" 408.29' 312.52' S 21° 22' 48" W 304.95' — •71- 4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS DETERMINED FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER 0- 48121C0655 G REVISED DATE OF APRIL 18, 2011 . THE SURVEYOR -a ASSUMES NO LIABILITY FOR THAT MAP. O 0 f w c 5. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837 N J 1 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE N SUBJECT TRACT AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN 0 o INSTRUMENT NUMBER 95-R0029595 OF THE COUNTY RECORDS. DENTONZ in COUNTY. TEXAS. AFFECT THE SUBJECT TRACT AS SHOWN. ( ITEM 1 ) w Q uJ Q w 6. AGRICULTURAL LEASE RECORDED IN VOLUME 4247, PAGE 2920 OF J = THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT o L TRACT. (BLANKET IN NATURE ) ( ITEM 10h) r D w 0 V 7. TERMS. PROVISIONS. CONDITIONS. OBLIGATIONS. ASSESSMENTS AND O ...... •• — Y LIENS RECORDED IN VOLUME 4247. PAGE 2837 OF THE COUNTY RECORDS, a DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN "' ..... LO NNA U ( ITEM i 1 8. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS, WITH WAIVER A BOUNDARY SURVEY OF SHEET N OF SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED o IN VOLUME 4247. PAGE 2876 AND VOLUME 4247, PAGE 2869 OF THE in COUNTY RECORDS. DENTON COUNTY. TEXAS AFFECTS THE SUBJECT PROPERTY. (BLANKET IN NATURE ) ( ITEM 1 10j ) _ . 802 Acres 7 OF LAND SITUATED IN THE RICHARD FADS SURVEY , 0 i Resolution 16 31 ABSTRACT NUMBER 393 , DENTON COUNTY , TEXAS _ OF SHEETS DESCRIPTION BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY,ABSTRACT NUMBER 393,DENTON COUNTY,TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND,LP RECORDED IN INSTRUMENT NUMBER 2009-55583 OF THE OFFICIAL PUBLIC RECORDS, DENTON COUNTY,TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE"LAKE AREA"IN THE DECLARATION OF COVENANTS,RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247,PAGE 2837,SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET AT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES,LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC RECORDS; THENCE S 89°27'07"W,127.87 FEET,WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OFA CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 293.43 FEET,THROUGH A CENTRAL ANGLE OF 79°36'02",HAVING A RADIUS OF 211.21 FEET,THE LONG CHORD WHICH BEARS S 89°27'07"W,270.40 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 00°32'53"E,25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 205.35 FEET,THROUGH A CENTRAL ANGLE OF 60°21'43",HAVING A RADIUS OF 194.92 FEET,THE LONG CHORD WHICH BEARS N 60°53'56"W,195.99 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; N 89°27'07"E,16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 33.89 FEET,THROUGH A CENTRAL ANGLE OF 10°47'26",HAVING A RADIUS OF 179.93 FEET,THE LONG CHORD WHICH BEARS N 28°08'22"W,33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; N 00°32'53"W,49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 47.12 FEET,THROUGH A CENTRAL ANGLE OF 90°00'00",HAVING A RADIUS OF 30.00 FEET,THE LONG CHORD WHICH BEARS S 44°27'07"W,42.43 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 312.52 FEET,THROUGH A CENTRAL ANGLE OF 43°51'24",HAVING A RADIUS OF 408.29 FEET,THE LONG CHORD WHICH BEARS S 21°22'48"W,304.95 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; THENCE N 80°32'48"E,304.03 FEET,DEPARTING SAID SOUTH LINE,OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; THENCE N 64°5112"E,213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS. Resolution 16-31