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Ord 807 Approving the rezoning of a 5 acre tract from Planned Development to Government Use Fire Station TOWN OF WESTLAKE ORDINANCE NO. 807 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS,APPROVING THE REZONING OF AN APPROXIMATELY 5.03-ACRE TRACT OF LAND SITUATED IN THE J. BACON SURVEY, ABSTRACT NO. 2026,AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 756, TOWN OF WESTLAKE,TARRANT COUNTY,TEXAS, IDENTIFIED AS LOT 2,FIDELITY INVESTMENTS ADDITION, PHASE 1,FROM PLANNED DEVELOPMENT DISTRICT NUMBER TWO (PD2) TO GOVERNMENT USE. PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Fidelity Investments (FMR TEXAS I, LLC) has donated to the Town of Westlake an approximately 5.03-acre portion of Lot 1, Fidelity Investments Addition, Phase 1, recorded in Document No. D216251301, County Clerk Records, Tarrant County, Texas and described in attached Exhibit A, for the purposes of constructing a Fire and Emergency Medical Services facility; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that Fire and Emergency Medical Services be provided in a timely and effective manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property,published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on December 6, 2016 by the Planning and Zoning Commission(Commission) whereby the Commission recommended the Town Council rezone the property described in attached Exhibit A from Planned Development District 2 to Government Use; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on December 12, 2016 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, including the present and future residents and citizens of the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it Ordinance 807 Page 1 of is in the best interests of the Town and its citizens that the property shown in attached Exhibit A be zoned Government Use. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION l: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 of the Town of Westlake, Texas does hereby change the zoning classification of the property described in attached Exhibit A from Planned Development District Number Two (PD2)to Government Use. SECTION 3: 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 4: 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. SECTION 5: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. Ordinance 807 Page 2 of 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 12th DAY OF DECEMBER 2016. �te H5 ATTEST: Laura Wheat, Mayor — r , Kell Edwa�4, Town Secretary Thomas E. Brymerte, T, n Manager APPROVED AS TO FORM: Fw ,LOQ f L. St ' ton Lowry, wn Attorney �r Ordinance 807 Page 3 of 5 EXHIBITS EXHIBIT A: Property Description Ordinance 807 Page 4 of 5 EXHIBIT A Property Description BEING a 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract No. 756, Tarrant County, Texas and also being Lot 2, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, Tarrant County, Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a set 1 /2 inch iron rod with Graham Associates, Inc. "GAI" cap 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°43'53" West, following along the north right-of-way line of said Dove Road, a distance of 76.29 feet to a set 1 /2 inch iron rod with "GAI" cap, being the point of curvature of a tangent curve to the right,having a delta of 26°52'50", a radius of 994.00 feet and a long chord of North 76°1728" West, 462.07 feet; THENCE along said tangent curve to the right and continuing along said north right-of-way line, an arc distance of 466.34 feet to a set 1 /2 inch iron rod with "GAI" cap; THENCE North 53°51 '03" West, continuing along said north right-of-way line, a distance of 41.67 feet to a set 1 /2 inch iron rod with "GAI" cap, being the beginning of a tangent curve to the left having a delta of 24°37'49", a radius of 1100.00 feet and a long chord of North 66°09'58" West, 469.24 feet; THENCE along said tangent curve to the left and continuing along said north right-of-way line, an arc distance of 472.87 feet to a set 1/2 inch iron rod with "GAI" cap; THENCE North 89'16'54" East, leaving said north right-of-way line, a distance of 980.72 feet to a set 1/2 inch iron rod with "GAI" cap, being located in the west right-of-way line of said Davis Boulevard; THENCE South 00°25'32" East, following along said west right-of-way line, a distance of 167.77 feet to a set 1 /2 inch iron rod with "GAI" cap, being the point of curvature of a tangent curve to the right,having a delta of 8°51'52", a radius of 1617.50 feet and a long chord of South 04°00'24" West, 250.00 feet; THENCE along said tangent curve to the right 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. Ordinance 807 Page 5 of 5 F.R.T.C.T. LOT 1, W/C&B CPP '� 0 FIDELITY INVESTMENT ^ ADDITINN PHASE 1 11 II III j 0 CAH, A, SLIDE 11040 1 I II w P,RTICT, I II rn 11I O ' l: PD2 Co o 50' EIRE LANE, PRIVATE ACCESS ] �$ PUBLIC DRAINAGE & PUBLIC WATER E6Mi ] CAB. a. SLIDE P.R.T.C.T. L_ i� 'mal v��,rc It N -----------''VNUE------------- ----- _ ----------- olc3 EMERGENCY ACCESS & WATERLINE ESMT --- cI —S9B.ASIJOE 11Il4Il— — N N89' 16 980 54 E .72 DOVE ROAD II n = U A VARIABLE WIDTH R.O.W.) - LOT2 .F/DEL/TYINVESTMENTSADD/TLOM PHASE l it d 2(8,999SF15027AC II nslB `\ GU ZONING 3' 50' 58'W (Proposed) 41.67 J VARIABLE W TN SLOPE 23 PG. 200 ME 43' 47"W o.R .T. 15' , 206Q1 76.29' DOC, C.0 T.C.T. 69] I]�— C.C. .T.C.T. I INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton sr. Invoice Number: 339045021 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 12/16/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33904502 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates:l 2/15/2016- 12'/1{�6/201 DesCi'lI?t1UTi, d 'M X- # r AmUUA h~ ° rN A � ii ' TOWN OF WESTLAKE ORDINANCE NO. 'COMA ewwsty ZONING c�Rai S 35 LINE $6.13 $429.20 "N 4 tEE'� crF TtTE TOWN, bE WESTLAKE, TEXAs,.APPROYlNG' Misc Fee THE-RejONIN6 OJ+";1 kAPPAOXI i $10.00 MATELY-5 b3 A CRE AA'CT Op. SCJ VE 135TORAC CO ANO TH'E MEt, CICAN,Hi11�T SL#R�' 56 TOWN OE5TRFWTL KE, TARA toUN_ Net Amount: $439.20 Num fI4) �Tt5�� 1 T # E 1t1i1EJ + A `EEE Ve N 11 V!, I F' ',,A,, e / AN �iAl3E� ' �n��tlrt�arwir ut`�o �slIl DEC 2 2016 stall be ned 3n,a��ojn n r O County of Tarrant ,ekc#4d TWO Thousand t)otlars {2,600.00) for each separate Of. t - 'fense..A separate offense shalt be or pais of a day each hicha a'' Before me,a Notary Public in andforsaidCot t�lotatlon occurs it continues,y appearedLeticiaArriaga Bids&LegalCoordinator PASSED ANO AAP#01lEDIPN THl5% for the Star-Telegram,pubCuhed by the Star-�. !!? �'. � cE lsE9`20:I ,,rarrant County,Texas:and who after being duly sworn, did depose and say that the attached clipping of advertisement was pubfished in the above named paper on the luted dates: BIDS e3'LEGALS DEPT.'Star-Telegram.(,SUBSCRIBED AND SWORN To BEFORE ME, THIS DAYOF Dec. � 1 2016 Sig 9 t®ar®:`off C IRISTY L.HOUMD Nowry PUN r, STATE OF TEXAS . ��� CottKt►. ' i 312020 NOT1I_I�YP`i1BLI , Thank You For Your Payment Remit TO: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339045021 Invoice Amount: $439.20 PO Number: Amount Enclosed: $