HomeMy WebLinkAboutOrd 577 Zoning Planned Development PD 3-9 48.293 acres (Roanoke Boundary Agreement)ORDINANCE NO. 577
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY
RATIFYING, CONFIRMING, AND READOPTING ORDINANCE
NO. 315, WHICH ADOPTED AND CREATED PLANNED
DEVELOPMENT DISTRICT NO. 3-9, AND RATIFYING,
CONFIRMING AND READOPTING THE REZONING OF AN
APPROXIMATELY 48.293 ACRE TRACT OF LAND TO BE
INCLUDED WITHIN PLANNED DEVELOPMENT DISTRICT NO.
3-9; PROVIDING FOR THE AMENDMENT TO THE TOWN'S
OFFICIAL ZONING MAP; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the Town of Westlake (the "Town") has previously adopted
Ordinance No. 315 which rezoned an approximately 157.8 acre tract of land to Planned
Development District No. 3-9 ("PD 3-9") pursuant to all the requirements of state law
and local ordinances; and
WHEREAS, an approximate 48.293 acre tract as more particularly described on
Exhibit "A" attached hereto and incorporated herein (the "Property") was included in the
original adoption of PD 3-9 on September 14, 1998; and
WHEREAS, the owner of the Property has applied to have the zoning on the
Property ratified, confirmed, and readopted as being zoned and included within PD 3-9,
as shown on attached Exhibit "B" attached hereto and incorporated herein; and
WHEREAS, notice of a public hearing before the Planning and Zoning
Commission and Board of Aldermen was sent to real property owners within 200 feet of
the Property in accordance with state law and local ordinances; and
WHEREAS, notice of the public hearing before the Planning and Zoning
Commission and Board of Aldermen was published in a newspaper of general circulation
in the Town in accordance with state law and local ordinances; and
WHEREAS, public hearings on this Ordinance were conducted by the Planning
and Zoning Commission and the Board of Aldermen in accordance with state law and
local ordinances; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
1. That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
2. That Ordinance No. 315 is in full force and effect, and is hereby ratified,
confirmed, and readopted.
3. That the Comprehensive Zoning Ordinance of the Town is hereby
amended to reflect that the Property is hereby ratified, confirmed, and
readopted as being zoned and included within PD 3-9.
4. That all terms and conditions of PD 3-9 shall apply to the Property and
shall remain in full force and effect.
5. Upon the Effective Date of this Ordinance, the Town Secretary shall
promptly show the Property as being zoned and contained within PD 3-9
on the Town's Official Zoning Map.
6. That any person, firm, partnership, corporation or other entity violating
any of the provisions of this Ordinance, shall be guilty of a crime and
upon final conviction therefore shall be fined in an amount not to exceed
Two Thousand Dollars ($2,000.00) for the violation. Each and every day
such violation continues shall constitute a separate offense.
7. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this Ordinance;
and the Town Board of Aldermen hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
8. This Ordinance contemplates the full and final satisfaction of those certain
"Conditions", as defined in Section 10.a. of that certain Master Agreement
Regarding Boundary Adjustment and Other Matters (the "Master
Agreement") by and among the Town of Westlake, Texas, the City of
Roanoke, Texas, 170 Retail Associates, Ltd., HCA Health Services of
Texas, Inc., and AIL Investment, L.P. Notwithstanding anything to the
contrary, if such "Conditions" set forth in Section 10.a. of the Master
Agreement have not been fully and finally satisfied by the "Termination
Date", as defined in Section 10.b. of the Master Agreement, then this
Ordinance shall automatically be deemed null and void from and after the
Termination. Date for all purposes.
AND IT IS SO ORDAINED.
Passed and approved by the Board of Aldermen of the Town of Westlake, Texas
on this 24t` day of September 2007.
ATTEST:
B
m Sutter, Town Secretary
APPROVED AS TO
I:
Attorney
Town of Westlake, Texas
C
SCO.d- .o_
EXHIBIT "A"
TO WESTLAKE ZONING ORDINANCE FOR 48.293 ACRE TRACT
Description of the Property
BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and
the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and
being a portion of that tract of land as described by deed to 170 Retail Associates, Ltd.
(Tract 1) and recorded in County Clerk's filing No. 2005-136073, Real Property
Records of Denton County, Texas and No. D205325970, Deed Records of Tarrant
County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a railroad spike found at the southeast corner of Town of Roanoke
tract as recorded in Volume 13368, Page 505, Deed Records of Tarrant County and
Volume 4184, Page 725, Real Property Records of Denton County, Texas, said point
being a corner in the westerly line of said 170 Retail Associates, Ltd. Tract 1;
THENCE along the westerly line and the northerly line of said 170 Retail Associates,
Ltd. Tract 1, the following bearings and distances:
N 00°30'24"W, 622.63 feet to a corner post found;
N 70°56'02"W, 336.45 feet to a 5/8 inch iron rod found;
N 23024'56"E, 561.73 feet to a 3/8 inch iron rod found;
S 84°48'34"E, 449.59 feet to a 3/8 inch iron rod found;
N 00° 15'39"W, 40.52 feet to a corner post found in the southerly line of
Bluebonnet Addition, an addition to the Town of Roanoke as recorded in
Volume 343, Page 447, said Denton County Records;
N 89°18'19"E, 1592.25 feet along said southerly line to a railroad spike found;
THENCE S 00°40'31 "E, 102.86 feet to a point in the northerly right-of-way line of State
Highway 170 (variable width right-of-way);
THENCE along the northerly right-of-way line of said State Highway 170, the following
bearings and distances:
S 88053'25"W, 26.82 feet to a 5/8 inch iron rod found;
S 03°21'04"W, 16525 feet to a Texas Department of Transportation Brass Disk in
concrete (TXDOT Mon.) found;
S 39°2751 "W, 1229.12 feet to a TXDOT Mon. found, the beginning of a curve to
the left;
62.27 feet along the are of said -curve to the left, through a central angle of
00°18'39", a radius of 11479.16 feet and a long chord of S 39°18'32"W, 62.27
feet;
THENCE S 89054'34"W, 1083.49 feet, leaving said northerly right-of-way line to the
POINT OF BEGINNING and containing 48.293 acres of land, more or less.
170 Retail Associates, Ltd., a Texas limited partnership
By: General Growth 170, LP, its general partner
By: General Growth 170 (GP), LLC, its general. partner
EXHIBIT "A" "
TO WE TLAKE ZONING ORDINANCE FOR 48.293 ACRE TRACT
DescriUtift oi` the Pr operh
.BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and the 1.
Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and being a
portion of that tract of land as described by deed to 170 Retail Associates, Ltd. (Tract 1) and
recorded in County Clerk's filing No. 2005-136073, Real Property Records of Denton County,
Texas and No. D205325970, Deed Records of Tarrant County, Texas, said tract of land being
more particularly described by metes and bounds as follows.
BEGINNING at a railroad spike found at the southeast corner of Town of Roanoke tract as
recorded in Volume 13368, Page 505, Deed Records of Tarrant County and Volume 4184,
Page 725, Real Property Records of Denton County, Texas, said paint being a corner in the
westerly line of said 170 Retail Associates, Ltd. Tract 1;
THENCE along the westerly line and the northerly line of said 170 Retail Associates, Ltd. Tract
1, the following bearings and distances:
N 00030'24"W, 622.63 feet to a corner post found-,
N 70°56'02"W, 336.45 feet to a 5/8 inch iron rod found;
1123°24'56"E, 561.73 feet to a 3/8 inch iron rod found;
S 84°48'34"E, 449.59 feet to a 3/8 inch iron rod found;
N 00°15'39"W, 40.52 feet to a corner post found in the southerly line of Bluebonnet
Addition, an addition to the Town of Roanoke as recorded in Volume 343, Page 447,
said Denton County Records;
N 89°18'19"E, 1592.25 feet along said southerly line to a railroad spike found;
THENCE S 00040'31 "E, 102.85 feet to a point in the northerly right-of-way line of State
Highway 170 (variable width right-of-way);
THENCE along the northerly right-of-way line of said. State Highway 170, the following
bearings and distances:
S 88°53'25"W, 26.82 feet to a 5/8 inch iron rod found:
S 03021'04"W, 16525 feet to a Texas Department of Transportation Brass Disk in concrete.
(TXDOT Mon.) found;
S 39°27'51 "'W, 1229.12 feet to a TXDOT Mon, found, the beginning of a curve to the left;.
62.27 feet along the arc of said curve to the left, through a central angle of CIO° 18`39", a
radius of 11479.16 feet and a long chord of S 39°18'32"W, 62.27 feet;
THENCE S 89054'34"W, 1083.49 feet, leaving said northerly right-of-way line to the
POINT OF BEGINNING and containing 48.293 acres of land, more or less.
L C�� `�
EXHIBIT SHOWING
TRACTS OF LAN
SITUATED IN THE M. E. P. & P. R. R. Cil. SURVEY, ABSTRACT NO. 923
AND THE J. BACON SURVEY, ABSTRACT No.1565, TOWN OF WESTLAKE,
DENTON COUNTY, TEXAS.
BASIS OP BEARING IS THE RECOVERED NORTH RIGHT -OF -'WAY
.LINE OF OF STATE HIGHWAY 170 WITH A -OO°27'34" ROTATION.
SCALE
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