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Ord 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 t"= 300' Bobby Lynn Tidwell Val . 1034, Pg. 740 R. P. R. 0. C. T. 584a 8 4 N 5 N�I ' N?0. 33�6' i II1 � I Q I— ao M EL �� c QIrco C�1��lZ nl 3 o � 4 4 a Ad C76. J�Meadow jaiFND ,FN�FNp 114 1 13 1 FNDj 111 6' 1 } 7 1 8 I 9 10 11 f 2 3 9 3 e Add. ' 4A7 gl4R. uenv�y_ 34.3' `-6-`N00° 15' 39"W FNo 40.52' N. 12 FN FNp i i N850 18' 19" E 1592. 25` 1{ RR $PI {E U . Ons TRACT I S00040' � p 10 86'FN r SIO 503°21'04"W SSSO53'25" 165.25' 26.82' f Q FNoj f TxocT or. momAA. 'r"eev 4 Z'�" r"mc v 170 RETAIL ASSOCIATES, LTD. CCF ° 2005-139073 (DENTIN COLW T Y ) CCF ' D205325970 ITARRANT COUNTY) 3 o 6=0001 S' 39" R=1 1479. 16' _L=62. 27' LC=S39° 18' 32" W ANR �� Y VI�IING 62.27' -- TRACr 7 APPROXIMA-11 a VEY LINE POINT OF SSS° 54' s4" W 1083.49' POINT OF 00'/ COMMENCING J122SE (Da BSGH SURVEY BEGINNING TRACTS 2& S ABSTRACT &.408 VACT 3 DATE, 13 -Mc, 67 06158--� --� ---- ---_ W 14— C '"' uuA: LC z fJ to 16 N Q) C °7 10 pp 7c N O f R �q, �p 4 I.flf'A"' I8 O � F 89-52'23"E N 41, `' �ti�1o� eerie fa' Stree u l Pav d,Tsovsled G4'y8�'t"- - Ro Wray. NC lal Re rd Found I ,o '9' U FN FNp i i N850 18' 19" E 1592. 25` 1{ RR $PI {E U . Ons TRACT I S00040' � p 10 86'FN r SIO 503°21'04"W SSSO53'25" 165.25' 26.82' f Q FNoj f TxocT or. momAA. 'r"eev 4 Z'�" r"mc v 170 RETAIL ASSOCIATES, LTD. CCF ° 2005-139073 (DENTIN COLW T Y ) CCF ' D205325970 ITARRANT COUNTY) 3 o 6=0001 S' 39" R=1 1479. 16' _L=62. 27' LC=S39° 18' 32" W ANR �� Y VI�IING 62.27' -- TRACr 7 APPROXIMA-11 a VEY LINE POINT OF SSS° 54' s4" W 1083.49' POINT OF 00'/ COMMENCING J122SE (Da BSGH SURVEY BEGINNING TRACTS 2& S ABSTRACT &.408 VACT 3 DATE, 13 -Mc, 67 06158--� --� ---- ---_ W pp N O f R �q, �p 4 O 89-52'23"E 41, `' 'CT i / O °> oe VQL.411S,PG.133 f DEN ON COUNTY) ry a° T16HC N o VOL , 3275, PC. 542 w (TAR ANT COUNTY) � �4" + 574, 70' (INT N89° 10' 35" 296. 36' �$ GINNING SaN1 Le' TRACT 2 Vo 1.575, Pg 280 `'2-15 n - +-ia Aq iooecD L* I