HomeMy WebLinkAboutOrd 513 Designating a Tax Abatement Reinvestment Zone 2 - FidelityTOWN OF WESTLAKE
ORDINANCE NO. 513
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING THE
FOLLOWING DESCRIBED LAND COMMERCIALANDUSTRIAL TAX ABATEMENT
REINVESTMENT ZONE NO. TWO (2), IN THE TOWN OF WESTLAKE, TARRANT
AND DENTON COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Board of Aldermen ("Board") of the Town of Westlake, Texas
("Town"), desires to promote the development or redevelopment of a certain contiguous geographic
area within its jurisdiction by the creation of a reinvestment zone ("Zone) for
commercial/industrial tax abatement, as authorized by Chapter 312, Property Redevelopment and
Tax Abatement Act, Texas Tax Code, Subchapter B, Sections 312.201 and 312202, as amended
(the "Code"); and
WHEREAS, the Town has elected to become eligible to participate in tax abatement; and
WHEREAS, a public hearing at a regularly scheduled meeting before the Board was held at
7:00 p.m. on the 12th day of February, 2007, such date being at least seven (7) days after the date of
publication of the notice of such public hearing in a newspaper having general circulation in the
Town as required by the Code; and
WHEREAS, notice of the public hearing was delivered to the presiding officer of the
governing body of each taxing unit located within the proposed reinvestment zone at least seven (7)
days before the date of the public hearing; and
WHEREAS, the Town at such hearing invited all interested persons, or their
representatives, to appear and speak for or against the creation of the proposed reinvestment zone,
the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this
ordinance should be included in such proposed reinvestment zone, and the concept of tax
abatement; and
WHEREAS, all interested persons spoke and the proponents of the reinvestment zone offered
evidence, both oral and documentary, in favor of the creation of the proposed reinvestment zone and
the proponents also submitted evidence as to the proposed improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WESTLAKE, TEXAS:
SECTION 1. That the facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated herein in their entirety.
SECTION 2. The Town, after conducting such hearings and having heard such evidence and
testimony, has made the following findings and determinations based on the testimony and evidence
presented to it:
(a) That a public hearing on the designation of the reinvestment zone has been properly
called, held and conducted and that notices of such hearings have been published as
required by law and delivered to all taxing units located within the proposed
reinvestment zone;
(b) That the boundaries of the reinvestment zone should be the area as described in the
metes and bounds description attached hereto and identified as Exhibit "A", which
are incorporated herein for all purposes and which area is within the taxing
jurisdiction of the Town;
(c) That the creation of the reinvestment zone for commercial/industrial tax abatement,
with boundaries as described in Exhibit "A" attached hereto will result in benefits to
the Town and to the land included in the Zone and to the Town after the expiration of
any Tax Abatement Agreement entered into and the improvements sought within the
Zone are feasible and practical;
(d) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the
criteria for the creation of a reinvestment zone as set forth in the Code, as amended, in
that it is reasonably likely as a result of the designation to contribute to the retention
or expansion of primary employment or to attract major investment in the Zone that
would be a benefit to the property and that would contribute to the economic
development of the Town; and
(e) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the
criteria for the creation of a reinvestment zone as set forth in the Town of Westlake
Tax Abatement Policy, which Policy establishes guidelines and criteria governing
tax abatement agreements by the Town and provide for the availability of tax
abatement for both new facilities and structures and for the expansion or
modernization of existing facilities and structures.
SECTION 3. That pursuant to the Code, the Town hereby creates a reinvestment zone for
commercial/industrial tax abatement encompassing only the area described by the metes and bounds in
Exhibit "A" attached hereto and such reinvestment zone is hereby designated and shall hereafter be
designated as Reinvestment Zone No. Two (2), Town of Westlake, Texas.
SECTION 4. That the Town shall deliver to the Texas Comptroller's Office prior to April 1, 2007, a
general description of the reinvestment zone, including its size, the types of property located in it, its
duration, and the guidelines and criteria established for the reinvestment zone under Section 312.002
of the Code, including subsequent amendments and modifications of the guidelines or criteria.
SECTION 5. That the Zone shall take effect on the 12th day of February, 2007.
SECTION 6. If any portion of this ordinance shall, for any reason, be declared invalid by any court
of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the
Board hereby determines that it would have adopted this ordinances without the invalid provision.
PASSED AND APPROVED ON THIS 12TH DAY OF FEBRUARY 2007
Scott Bradle , Mayor
ATTEST:
Y'ez� 2
Sutker, TRMC, Town Secretary Trent O. Petty, Town Ma er
APPROVED AS TO FO
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(2 Parcels)
Exhibit A
Parcel 1
Being a tract of land situated in the Charles Medlin Survey, Abstract Number
823 (Denton County), Abstract Number 1084 (Tarrant County), the Remucan Hunt
Survey, Abstract Number 756 (Tarrant County) and. the J. Bacon Survey, Abstract
Number 2026 (Tarrant County), Town of Westlake, Denton and Tarrant Counties,
Texas and being all of the tract of land conveyed to Hillwood/1058, Ltd,
recorded in Volume 12260, Page 1948 of Deed Records, Tarrant County, Texas, and
being a portion of that tract of land conveyed to Hillwood/W'illow Bend, Ltd.,
recorded in Volume 11316, Page 2235 of Deed Records, Tarrant County, Texas and
under county clerk's number 93-80075228 of Real Property Records, Denton
County, Texas, all of that tract of land conveyed to Scott Bradley and Kelly
Pace Bradley, recorded in Volume 6395, Page 67 of said Deed Records and all of
a called half acre tract of land conveyed to Edward T. clicker and wife,
Nannette Dicker, recorded in Volume 3053, Page 164 of said Deed Records and
being more particularly described by metes and bounds as follows:
BEGINNING at a railroad spike, found at the intersection of the approximate
centerline of Precinct Line Road (a variable width right-of-way) and the
centerline of Roanoke -Dove Road (a called 50 foot right-of-way), and being the
Southeast corner of said Hillwood/1088 Tract;
THENCE S 01 degree 47 minutes 50 seconds W, 432.02 feet, with the East line of
said Hillwood/'Willow Bend Tract, to a 5/8 inch iron rod with plastic cap,
stamped "Carter & Burgess", found;
THENCE N 80 degrees 10 minutes 38 seconds W, 161.68 feet, to a 5/8 inch iron
with plastic cap stamped "Carter & Burgess", found at the beginning of a curve
to the right;
THENCE with said curve to the right, an arc distance of 466.34 feet, through a
central angle of 26 degrees 52 minutes 50 seconds, having a radius of 994.00
feet, the long chord of which bears N 66 degrees 44 minutes 13 seconds W,
462,07 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess"
found;
THENCE N 53 degrees 17 minutes 48 seconds W, 41.67 feet to a 5/8 inch iron rod
with plastic cap stamped "Carter & Burgess", found at the beginning of a curve
to the left;
THENCE wit"r said ctirve to the left, an arc distance of 472.87 feet, through a
cerirrral angle of 24 dkgrees 37 minutes 50 seconds, having a radius of 1100.00
fee U, the long chord of '.,'rich bears N 65 degrees 36 minutes 43 seconds W,
469.24 =et, 'Lu a rail_cad spike, found in the South line of said Hil- ood/"1088
Tract, in the approximate centerline of Roanoke -Dove Road;
THENCE with the approximate centerline of Roanoke -Dove Road the following
bearings and distances:
S 89 degrees 50 minutes 03 seconds W, 884°67 feet, to a railroad spike found;
Exhibit A (Continued)
N 86 degrees 34 ninutes 52 seconds W, 550.83 feet to a railroad spike found;
N 82 degrees 28 minutes 16 seconds W, 252.07 feet to a railroad spike found;
S 65 degrees 50 minutes 11 seconds W, 552.77 feet to a railroad spike found.;
S 71 degrees 04 minutes 02 seconds W, 198.77 feet to a railroad spike found;
ThENCE N 1L degrees 01 minute 26 seconds W, 589.37 feet, departing said
approximate centerline, to a 5/8 inch iron rod with plastic cap stamped "Carter
& Burgess", found;
THENCE N 00 degrees 26 minutes 55 seconds W, 573.79 feet to a 5/8 inch iron rod
with plastic cap stamped "Carter & Burgess", found;
THENCE N 17 degrees 09 minutes 12 seconds E, 1518.12 feet to a 5/8 inch iron
rod with plastic cap stamped "Carter & Burgess", found;
THENCE N 09 degrees 07 minutes 25 seconds W, 892.93 feet to a 5/8 inch iron rod
with plastic cap stamped "Carter & Burgess", found at the beginning of a
non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 1369.1.4
feet, through a central angle of 58 degrees 52 minutes 17 seconds, having a
radius of 1332.50 feet, the long chord of which bears N 49 degrees 12 minutes
42 seconds E, 1309.71 feet, to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess", found;
THENCE N 19 degrees 46 minutes 33 seconds E, 318.45 feet to a 5/8 inch iron rod
with plastic cap stamped "Carter & Burgass", found in the southerly right-of-way
of State Highway 1L4 (a variable width right-of-way), from which a Texas
Department of Transportation brass disc bears, S 70 degrees 39 minutes 43
seconds W, 21.56 feet;
THENCE with said southerly right-of-way the following courses and distances:
N 70 degrees 39 .,mt nutes 43 seconds E, 64.29 feet to a Texas Department of
Tra_s or a icn brass disc, fo::nd at the beginning cf a non -tangent curve to the
.it.
�r r; ...._.i.- .FJ:: '�.':ge Cl,_ t= Cil ..ne -__
an FsTC i5%a P.0 P_ of ii.�.3,43 fe8t,
i.. -.Y G1. ^ �. , __n-'_ 4_- -ii. iE' of 4 Gr�.grees 25 ...a..��aS iia S�Cun•�S '.'i;•z•ring _i r�aCit:.v of
,7.9,58 'gong chore of which bears S 72 degrees 08 :minutes 301 seconds
443.32 feet, to a 5/8 inch iron rod with plastic cap stamped "Garter &
Burgess'°, found;
S 63 dcg ees 32 minutes 03 seconds E, 238.74 feet to a Texas Department of
found;
"ransportatior' brass disc,
Exhibit A (Continued)
N 84 degrees 41 minutes 23 seconds E, 154.28 feet to a Texas Department of
Transportation 'brass disc, found;
S 76 degrees 41 minutes 49 seconds E, 119,54 feet to a 5/8 inch iron rod with
plastic cap stamped "Carter & Burgess", found;
S 45 degrees 55 minutes 45 seconds E, 116,36 feet to a 5/8 inch iron rod with
plastic cap stamped "Carter & Burgess", found;
S 75 degrees 22 minutes 11 seconds E, 296.05 feet to a 5/8 inch iron rod with
plastic cap stamped "Carter & Burgess", found;
N 69 degrees 29 minutes 26 seconds E, 98.90 .feet to a Texas Department of
Transportation brass disc, found at the beginning of a non -tangent cur'v'e to the
left;
With said non -tangent curve to the left, an arc distance of 204.65 feet,
through a central angle of 02 degrees 03 minutes 13 seconds, having a radius of
5709.58 feet, the long chord of which bears S 72 degrees 10 minutes 21 seconds
E, 204.64 feet, to a 'texas Department of Transportation brass disc, found;
S 71 degrees 03 minutes 31 seconds E, 736,07 feet to a railroad spike, found at
the northeast corner of said Hillwood/Willow Bend tract, in the approximate
centerline of aforementioned Precinct Line Road;
THENCE S 00 degrees 30 minutes 00 seconds E, 1386.00 feet to a 1/2 inch iron
rod, found;
THENCE S 23 degrees 55 minutes 44 secends W, 87.29 feet to a 3/8 inch iron rod,
found;
THENCE N 89 degrees 19 minutes 34 seconds W, 61.48 feet to a 5/8 inch iron rod
with plastic cap stamped "Carter & Burgess", set at the Northeast corner of
aforementioned Dicker Tract;
TEENCE S 27 degrees 00 minutes 00 seconds W, 152.65 feet, with the East line of
said Dicker Tract, tc a .5/8 inch iron rod with plastic cap stamped "Carter &
Burgess", set in -.ha as _ line of aforementioned 3radley Tract;
� fes.;' Lt. 5 ')t3 i eF cies _O .ir-u--es ..9 secon C_�s ', ,�i=.` .- .22 �eEt_ +il t[1. �ttE , rox .i4at8
cx 5&i�_ ?rec`lnc� L.i^.e Road, _o the PGlnt ,_ 5eginning and Containing
cjw<.i4 feeW or 3_ .,;,6 acres oand.
SAVE AND EXCEPT Lot 1 (87.725 acres more or less) of the Fidelity Investments Addition
Phase I, an addition to the Town of Westlake, Tarrant County, Texas according to the map or
plat thereof recordt'd in Cabinet __", Slide i 104, Plat Records, Tarrant County, Texas.
Exhibit A (Continued)
Parcel 2.
BEING a tract of land situated in the C.M. THROOP SURVEY, ABSTRACT No.
1510, the W. MEDLIN SURVEY, ABSTRACT No. 1958, and the WILLIAM PEA
SURVEY, ABSTRACT No. 1246, Tarrant County, Texas and in the WILLIAM PEA
SURVEY, ABSTRACT No. 1045, and the W. MEDLIN SURVEY, ABSTRACT No.
1588, Denton County, Texas and being a portion of that tract of land as described in
the Special Warranty Deed to MTP -IBM PHASE R and III JOINT VENTURE as
recorded in Volume 8995, Page 1268 of the Deed Records of Tarrant County, Texas
and being more particularly described as follows:
COMMENCING at a 518 inch iron rod with cap stamped "Carter & Burgess" found at
the southwest corner of Lot 1, Block 3, WestlakelSouthlake Park Addition No. I, an
addition to the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 &
79 of the Plat Records of Tarrant County, Texas, same being the southeast comer of
said MTP -IBM Phase II and M tract;
THENCE, North 89 degrees 57 minutes 44 seconds West, along the southerly line of
said MTP -IBM Phase II and III Joint Venture tract, a distance of 200.93 feet to a point
for a corner from which a I inch iron rod found bears North 59 degrees 11 minutes 44
seconds West, 0.35 feet;
THENCE, North 00 degrees 20 minutes 49 seconds East, along the southerly line of
said MTP -IBM Phase E and III Joint Venture tract, a distance of 45.01 feet to a 5/8
inch iron rod found with cap stamped "Carter & Burgess";
THENCE, North 89 degrees 39 minutes 10 seconds West, along the southerly line of
said MTP -IBM Phase II and III Joint Venture tract and along the northerly right-of-way
line of Roanoke Dove Road (variable width right-of-way), a distance of 1,346.51 feet
to a 518 inch iron rod found with cap stamped "Carter & Burgess" and being the
beginning of a curve to the right having a central angle of 89 degrees 45 minutes 10
seconds, a radius of 154.38 feet and being subtended by a 217.85 foot chord which
bears North 44 degrees 46 minutes 35 seconds West;
THENCE, in a northwesterly direction along the northeasterly right-of-way line of
Roanoke Dove Road and along said curve to the right, an arc distance of 241.83 feet to
a 5/8 inch iron rod found with cap stamped "Carter & Burgess" at the end of said curve
and also being on the easterly right-of-way line of Precinct Line Road (variable width
right-of-way);
Exhibit A (Continued)
THENCE, along the westerly line of said MTP -IBM Phase a and III Joint Venture
Tract and along the easterly right-of-way line of Precinct Line Road the following;
North 00 degrees 06 minutes 00 seconds East, a distance of 977.90 feet to a 518
inch iron rod found with cap stamped "Carter & Burgess";
North 00 degrees 08 minutes 31 seconds West, a distance of 394.37 feet to a
518 inch iron rod found with cap stamped "Carter & Burgess";
North 00 degrees 10 minutes 13 seconds West, a distance of 289.94 feet to a
518 inch iron rod set with cap stamped "Huitt-Zollars", the POINT OF
BEGINNING;
THENCE, continuing along the westerly line of said MTP-1BM Phase II and III Joint
Venture Tract and along the easterly right-of-way line of Precinct Line Road the
following;
North 00 degrees 10 minutes 13 seconds West, a distance of 261.73 feet to a
518 inch iron rod found with cap stamped "Huitt-Zoilars";
North 02 degrees 20 minutes 32 seconds East, a distance of 554.17 feet to a 112
inch iron rod found;
North 28 degrees 49 minutes 02 seconds East, a distance of 164.88 feet to a 112
inch iron rod found with cap stamped "RPLS No. 2912";
North 23 degrees 30 minutes 55 seconds East, a distance of 98.16 feet to a 518
inch iron rod found with cap stamped "Huitt-Zollars";
North 12 degrees 46 minutes 54 seconds East, a distance of 100.00 feet to a 518
inch iron rod found with cap stamped "Carter &, Burgess";
North 00 degrees -16 minutes 18 seconds West, a distance of 993.50 feet to a
5/8 inch iron rod found on an interior northerly line of said MTP -IBM Phase 1I
and III Joint Venture Tract;
THENCE, departing the easterly right-of-way line of said Precinct Line Road and
along an interior northe iy line of said. MTI' -IBM Tract, Forth 89 degrees 47 minutes
00 snds East, a distance of 258.02 feet to a 5/8 inch iron rod found;
THENCE, along an interior westerly line of said MTP -IBM Phase 11 and III joint
Venture Tract, North 00 degrees 30 minutes 28 seconds West, a distance of 186.34 feet
to a Texas Department of Transportation monument found on the southwesterly right-
Exhibit A (Continued)
of -way line of State Highway No. 114 (variable width right-of-way), as described in
Donation Deed to the State of Texas as recorded in Volume 10591 Page 857 of the
Deed Records of Tarrant County, Texas;
THENCE, along the southwesterly right-of-way line of State Highway No. 114 as
described in said Donation Deed, the following;
South 63 degrees 04 minutes 29 seconds East, a distance of 144.15 feet to a 518
inch iron rod found in concrete;
South 49 degrees 15 minutes 26 seconds East, a distance of 107.70 feet to a
point for a corner from which a Texas Department of Transportation monument
found bears North 46 degrees 07 minutes 39 seconds West, 0.50 feet;
South 71 degrees 03 minutes 31 seconds East, a distance of 140.04 feet to a
Texas Department of Transportation monument found;
South 80 degrees 53 minutes 41 seconds East, a distance of 234.54 feet to a
Texas Department of Transportation monument found;
South 29 degrees 05 minutes 17 seconds East, a distance of 52.33 feet to a point
for a corner from which a Texas Department of Transportation monument found
bears South 55 degrees 49 minutes 16 seconds West, 0.80 feet;
South 18 degrees 56 minutes 29 seconds West, a distance of 30.00 feet to a
point for a corner from which a Texas Department of Transportation monument
found bears South 17 degrees 46 minutes 53 seconds West, 0.61 feet;
South 71 degrees 03 minutes 31 seconds East, a distance of 60.00 feet to a 5/8
inch iron rod set with cap stamped "Huitt-Zollars";
THENCE, departing the southwesterly right-of-way line of State Highway No. 114
South 19 degrees 01 minutes 54 seconds West, a distance of 335.03 feet to a 518 inch
iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the right
having a central angle of 09 degrees 44 minutes 51 seconds, a radius of 1,054.00 feet
and being subtended by a 178.42 foot chord which bears South 23 degrees 53 minutes
17 seconds West;
THENCE. along said curve to the richt in a southwesterly direction, ari arc distance of
178.63 feet to a 5/8 inclh iron rod set with cap stamped "Huitt-Zollars" at the end of
said carve.;
THENCE, South 28 degrees 45 minutes 43 seconds West, a distance of 595.41 feet to
Exhibit A (Continued)
a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a carve to
the right having a central angle of 15 degrees 56 minutes 56 seconds, a radius of
1050,00 feet and being subtended by a 291.34 foot chord which bears South 36 degrees
45 minutes 01 seconds West;
THENCE, along said curve to the right in a southwesterly direction, an are distance of
292.28 feet to a 518 inch iron rod set with cap stamped "Huitt Zollars" at the end of
said curve;
THENCE, South 44 degrees 42 minutes 25 seconds West., a distance of 109.52 feet to
518 inch iron rod set with cap stamped "Huitt Zollars" and being the beginning of a
curve to the left having a central angle of 43 degrees 29 minutes 49 seconds, a radius
of 1050.00 feet and being subtended by a 778.12 foot chord which bears South 22
degrees 58 minutes 18 seconds West;
THENCE, along said curve to the left in a southwesterly direction, an arc distance of
797.12 feet to the POINT OF BEGL NING and containing 22,067 acres of land,
more or less.