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HomeMy WebLinkAboutOrd 144 Annexing 44.759 acres in the Medlin Survey A1958 and TW Mann Survey A1107ORDINANCE NO.144 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49, AS AMENDED, TO ANNEX"'CER- TAIN PROPERTY DESCRIBED HEREIN AS THE '"TRIANGLE- TRACT' INTO THE TOWN OF WESTLAKE AND .'ZONING SUCH LAND; TO INTERIMLY 'ZONE THAT CERTAIN "TRIANGLETRACT TO "PH -PLANNING OFFICE PARK AND HOTEL"; AMENDING" THE ZONING MAP TO REFLECT SUCH INTERIM ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. WHEREAS, International Business Machines Corporation has duly filed a petition for annexation of the property described in the attached Exhibit"A" into the Town of Westlake; and WHEREAS, after duly posting notice of such petition for. annexation and having duly held all hearings required prior to such annexation; and WHEREAS, the Board of Aldermen of the Town of Westlake is of the opinion that such petition for annexation should be granted; WHEREAS, the Board of Aldermen of the Town of Westlake are of the opinion that the property described in the attached Exhibit "A" hereinafter referred as to the "Triangle Tract", should be zoned "PH -Planned Office Park and Hotel" upon annexation into the Town of Westlake; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the foregoing preambles are hereby adopted and declared to be true and correct. Section 2. That the Triangle Tract is hereby annexed into the Town of West- lake, Texas. Section 3 That Ordinance No. 49 be and the same is hereby amended so that the uses in the Triangle Tract are those permitted under "PH -Planned Office Park and Hotel" zoning and the provisions of Article III, Section 1 of Ordinance No. 49 are hereby declared inapplicable only insofar as the Triangle Tract is concerned and the interim zoning of the Triangle Tract shall be "PH -Planned Office Park and Hotel." Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and _general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood_ and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transporta- tion, water, sewerage, parks and other public requirements. They have been made after full and complete public hearing, with reasonable consideration being given to, among other things, the character of the district and its peculiar suitability for the particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting zoning and shall not repeal any of the provisions of such ordinances, except in those in- stances where the provisions of such ordinances are in direct conflict with the provisions of this ordinance. Section 6. That all rights or remedies of the Town of Westlake, Texas are expressly saved as to any and all violations of Ordinance No. 49 or of any amendments thereto of said Town of Westlake, Texas; that have accrued at the time of the effective date of this or- dinance; and, as to such accrued violations, the Court shall have all the powers which exist prior to the effective date of this ordinance. Section 7. It is hereby declared to be the intention of the Board of Aldermen that sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment of decree of any court of competent jurisdiction, such voidness, in- effectiveness 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 Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. Section 8. That any person, firm or corporation that violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined no less than Five Dollars ($5.00), no more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 9. That this Ordinance shall be become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND APPROVED THIS p70 Zk DAY OF NOVEMBER, 1985. ATTEST: TOWN OF WESTLAKE, TEXAS G ry it a, aow:, Sc cretarv, Town of Westlake, Texas APPROR4iD AS TO LEGAL FORM: r Paul C. Isham, Town Attorney, Towm of Westlake, Texas TOWN OF WESTLAKE TRIANGLE TRACT PROPERTY DESCRIPTION OF 44.759 ACRES BEING a 44.759 acre tract of land situated in the J. Medlin Survey, Abstract Number 1958, the U. P. Martin Survey, Abstract Number 1015, the J. B. Martin Survey, Abstract Number 1134, and the T. W. Mann Survey, Abstract Number 1107, all of Tarrant County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Peytonville Road (County Road Number 3033), said point being the intersection of the Town of Westlake Corporate limits and the south right-of-way line of State Highway Number 114 (220 foot right-of-way); THENCE S 360 32' 25" E along the said right-of-way line 2,796.55 feet to a 5/8 inch iron pin, said pin being the southeast corner of I.B.M. Corp- oration Tract Number Two, as recorded in Volume 7422, Page 2157, County Records, Tarrant County, Texas; THENCE N 880 29' 50" W along the south line of said I.B.M. Tract, at 110.41 feet passing a common corner of an I.B.M. Corporation Tract, as recorded in Volume 7376, Page 1792, of said County Records and continuing along the south line of said tract a total distance of 907.77 feet to a 5/8 inch iron pin, said pin being the northeast corner of an I.B.M. Corp- oration Tract, as recorded in Volume 7824, Page 2033, of said County Records; THENCE S 000 17' 58" W along the east line of said tract 197.59 feet to a 5/8 inch iron pin, said pin being the southeast corner of said tract; THENCE S 860 22' 05" W along the south line of said tract 518.25 feet to a 1/2 inch iron pin, said pin being the southwest corner of said tract and being in the east right-of-way line of said Peytonville Road; THENCE N 19° 09' 01" W along the east right-of-way line of said Peytonville Road 393.02 feet to a 5/8 inch iron pin, said pin being the southwest corner of an I.B.M. Corporation Tract, as recorded in Volume 7376, Page 1779, of said County Records; THENCE S 880 45' 45" W crossing said road 117.01 feet to the southeast corner of G. H. Harmon 120.8 acre tract, as recorded in Volume 2060, Page 75, of said County Records, said corner being a common corner of the Town of Westlake Corporation limits; THENCE N 000 10' 51" E along the east line of said tract and the Town of Westlake Corporation limits 2,084.74 feet to the POINT OF BEGINNING containing 44.759 acres, more or less. C&B Job No.84664-02 July 26, 1985 TOWN OF WESTLAKE ) COUNTIES OF TARRANT & -DENTON ) STATE OF TEXAS ) ANNEXATION PETITION COMES NOW, International Business Machines Corporation hereby requests the Town of Westlake, Texas, to annex property owned by it which is described by metes and bounds attached hereto and incorporated herein (the "Triangle Tract"). The said Triangle Tract is vacant or inhabited by less than three qualified voters and is contiguous or adjacent to the Town of Westlake and is within the extra -territorial jurisdiction of the Town of Westlake. This Petition is conditioned upon the Town of Westlake's approval of International Business Machines Corporation's appli- cation for zoning, approval of annexation of the Triangle Tract into the Trophy Club Municipal Utility District No, 1, and the entry into a boundary agreement between the cities of Westlake and Southlake. EXECUTED THIS - day of August, 1985. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation BY: STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) President:"Real Esta struction Division BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared ,4, �.;,� known to me to be the person _ whose nars•e` is subscribed to the foregoing instrument, and acknowledged co me that the same was the act of the said '�International Business Machines Corporation, a New Fork corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 4„l 1985. My rommjGsion expires - F. iAALJREEN xpires:F.iAAUREEN HUFFY ldofary Public State of Now York No. 31-4623006 Qualified in New York Coun Commission Expires March 9p, 3 �- 7 NOTARY PUBLIC, inEynd for the State of New York