HomeMy WebLinkAboutOrd 801 Fidelity Exception to replat requirement
TOWN OF WESTLAKE
ORDINANCE NO. 801
AN ORDINANCE OF THE TOWN OF WESTLAKE PROVIDING FOR AN EXCEPTION
TO THE PLATTING REQUIREMENT AS SET OUT IN SECTION 82-3 CHAPTER 82
TITLED “SUBDIVISIONS”BY PROVIDING FOR AN EXCEPTION TO THE
PLATTING REQUIREMENT FOR THE ACQUISITION OF PROPERTY BY THE
TOWN; PROVIDING THAT THE PROPERTY WILL NOT REQUIRE RE-PLATTING;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that 5.03 acres from Lot 1, Fidelity Investments Addition, Phase 1, an
addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant
County be conveyed to the Town for the purpose of building a fire station and other municipal
uses; and
WHEREAS, the Town will plat the conveyed property once the Town takes title; and
WHEREAS, Chapter 82, “Subdivision” Article I “General”, Sections 82-3 of the Town of
Westlake Code of Ordinances, allows exceptions to platting as follows.
An exception is granted pursuant to Section 82-3(c)(3) which states as follows
“Exemptions from subdivision requirements. The owner of a tract of land located within the limits
or in the extraterritorial jurisdiction of the town who proposes to develop that tract, and who claims
an exemption from the town's subdivision regulations not expressly authorized under this section,
including requirements to replat, or who proposes to divide such tract into parcels or lots each of
which is greater than five acres in size, and for which no public improvement is to be dedicated,
or who proposes to develop such tract for which the only access is a private easement or private
street, must obtain approval of a development plat pursuant to this chapter prior to commencement
of development, and prior to issuance of any building permit or the connection of any utility.
. . .
(3) Other exemptions. The board of aldermen may, from time to time, exempt
development or land divisions from the requirements of this section.”
WHEREAS, the Town Council finds it is in the best interest of the Town and its citizens
to authorize an exception to the platting requirements to facilitate the conveyance of the property
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be platted; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the Town Council hereby grants an exception to the requirement that
property be platted as specified in this Section 2.
The division of Lot 1, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake,
as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County (“Lot 1”) by conveyance of
the Property described in Exhibit “A” to the Town in order to provide land to the Town for a fire
station and other municipal uses, is hereby exempt from platting as follows:
a. replatting is not required for the conveyance of the property described in Exhibit “A” to the
Town; and
b. replatting of the remainder of Lot 1 described in Exhibit “B” is not required for such
remainder of Lot 1 to in all respects continue to be treated as a platted lot under the ordinances,
regulations and policies of the Town, and it shall hereafter be considered a platted lot.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
SECTION4: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 5: That a certified copy of this Ordinance shall be provided to the owner of
the property described in Exhibit “B” for recording in the county property records.
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SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 24th DAY OF October 2016.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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EXHIBIT “A”
LEGAL DESCRIPTION
5.03 ACRE TRACT DESCRIPTION FOR TOWN
BEING a 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract No. 756, Tarrant
County, Texas and also being a portion of Lot 1, Fidelity Investments Addition, Phase 1, an
addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant
County, Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds
as follows:
BEGINNNG at a point located at the intersection of the north right-of-way line of Dove Road (a
variable width right-of-way) and the west right-of-way line of Davis Boulevard (a variable width
right-of-way);
THENCE North 80˚43ˊ53˝ West, following along the north right-of-way line of said Dove Road,
a distance of 76.29 feet to a point, being the point of curvature of a tangent curve to the right,
having a delta of 26˚52ˊ49˝, a radius of 994.00 feet and a long chord of North 76˚17ˊ28˝ West,
462.07 feet;
THENCE along said tangent curve and continuing along said north right-of-way line, an arc
distance of 466.34 feet to a point;
THENCE North 53˚51ˊ03˝ West, continuing along said north right-of-way line, a distance of 41.67
feet to a point, being the beginning of a tangent curve to the left having a delta of 24˚37ˊ50˝, a
radius of 1100.00 feet and a long chord of North 66˚09ˊ58˝ West, 469.24 feet;
THENCE along said tangent curve and continuing along said north right-of-way line, an arc
distance of 472.87 feet to a point;
THENCE North 89˚16ˊ54˝ East, leaving said north right-of-way line, a distance of 980.72 feet to
a point, being located in the west right-of-way line of said Davis Boulevard;
THENCE South 00˚25ˊ32˝ East, following along said west right-of-way line, a distance of 167.77
feet to a point, being the point of curvature of a tangent curve to the right, having a delta of
8˚51ˊ52˝, a radius of 1617.50 feet and a long chord of South 04˚00ˊ24˝ West, 250.00 feet;
THENCE along said tangent curve and continuing along said west right-of-way line, an arc
distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet
or 5.03 acres of land more or less.
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EXHIBIT “B”
LEGAL DESCRIPTION
REMAINEDER TRACT DESCRIPTION OF PROPERTY REMAINING UNDER
FIDELITY OWNDERSHIP:
Lot I, Fidelity Investments Westlake Addition, Phase I, according to the Plat thereof, recorded in
Cabinet A, Slide 11041, Plat Records, Tarrant County, Texas.
Less-and-except:
That certain 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract No. 756, Tarrant
County, Texas and also being a portion of Lot 1, Fidelity Investments Addition, Phase 1, an
addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant
County, Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds
as follows:
BEGINNNG at a point located at the intersection of the north right-of-way line of Dove Road (a
variable width right-of-way) and the west right-of-way line of Davis Boulevard (a variable width
right-of-way);
THENCE North 80˚43ˊ53˝ West, following along the north right-of-way line of said Dove Road,
a distance of 76.29 feet to a point, being the point of curvature of a tangent curve to the right,
having a delta of 26˚52ˊ49˝, a radius of 994.00 feet and a long chord of North 76˚17ˊ28˝ West,
462.07 feet;
THENCE along said tangent curve and continuing along said north right-of-way line, an arc
distance of 466.34 feet to a point;
THENCE North 53˚51ˊ03˝ West, continuing along said north right-of-way line, a distance of 41.67
feet to a point, being the beginning of a tangent curve to the left having a delta of 24˚37ˊ50˝, a
radius of 1100.00 feet and a long chord of North 66˚09ˊ58˝ West, 469.24 feet;
THENCE along said tangent curve and continuing along said north right-of-way line, an arc
distance of 472.87 feet to a point;
THENCE North 89˚16ˊ54˝ East, leaving said north right-of-way line, a distance of 980.72 feet to
a point, being located in the west right-of-way line of said Davis Boulevard;
THENCE South 00˚25ˊ32˝ East, following along said west right-of-way line, a distance of 167.77
feet to a point, being the point of curvature of a tangent curve to the right, having a delta of
8˚51ˊ52˝, a radius of 1617.50 feet and a long chord of South 04˚00ˊ24˝ West, 250.00 feet;
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THENCE along said tangent curve and continuing along said west right-of-way line, an arc
distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet
or 5.03 acres of land more or less.
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