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Ord 801 Providing an Exception to Replat Requirement TOWN OF WESTLAKE ORDINANCE NO. 801 AN ORDINANCE OF THE TOWN OF WESTLAKE PROVIDING FOR AN EXCEPTION TO THE PLATTING REQUIREMENT AS SET OUT IN SECTION 82-3 CHAPTER 82 TITLED "SUBDIVISIONS"BY PROVIDING FOR AN EXCEPTION TO THE PLATTING REQUIREMENT FOR THE ACQUISITION OF PROPERTY BY THE TOWN; PROVIDING THAT THE PROPERTY WILL NOT REQUIRE RE-PLATTING; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that 5.03 acres from Lot 1, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County be conveyed to the Town for the purpose of building a fire station and other municipal uses; and WHEREAS, the Town will plat the conveyed property once the Town takes title; and WHEREAS,Chapter 82,"Subdivision"Article I"General", Sections 82-3 of the Town of Westlake Code of Ordinances, allows exceptions to platting as follows. An exception is granted pursuant to Section 82-3(c)(3) which states as follows "l-`'.ve nipti ons.11-oin subdivision requireinews. The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the town who proposes to develop that tract,and who claims an exemption from the town's subdivision regulations not expressly authorized under this section, including requirements to replat, or who proposes to divide such tract into parcels or lots each of which is greater than five acres in size, and for which no public improvement is to be dedicated, or who proposes to develop such tract for which the only access is a private easement or private street,must obtain approval of a development plat pursuant to this chapter prior to commencement of development, and prior to issuance of any building permit or the connection of any utility. (; } Other exen7plioris. The board of aldern eii jiiay, frorii tinne to time_ exellipt cls vcJopriacs t or lama divisitnrs frorai the requirernents of this rection," WHEREAS, the Town Council finds it is in the best interest of the Town and its citizens to authorize an exception to the platting requirements to facilitate the conveyance of the property Ordinance 801 Page I of 6 be platted; and 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 hereby grants an exception to the requirement that property be platted as specified in this Section 2. The division of Lot 1,Fidelity Investments Addition,Phase 1,an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County ("Lot 1") by conveyance of the Property described in Exhibit"A" to the Town in order to provide land to the Town for a fire station and other municipal uses, is hereby exempt from platting as follows: a. replatting is not required for the conveyance of the property described in Exhibit"A"to the Town; and b. replatting of the remainder of Lot 1 described in Exhibit `B" is not required for such remainder of Lot 1 to in all respects continue to be treated as a platted lot under the ordinances, regulations and policies of the Town, and it shall hereafter be considered a platted lot. SECTION 3: 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. SECTION4: 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 5: That a certified copy of this Ordinance shall be provided to the owner of the property described in Exhibit"B" for recording in the county property records. Ordinance 801 Page 2 of 6 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 24th DAY OF October 2016. WEST ATTEST: �` : : aur Wheat, Mayor �c Kell Edw s, Town Secretary Thomas E. Bryer, To n Manager APPROV S T F RM: L ton Lo ry, wn Attorney Ordinance 801 Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION 5.03 ACRE TRACT DESCRIPTION FOR TOWN BEING a 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract No. 756, Tarrant County, Texas and also being a portion of Lot 1, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County,Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a point 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 point, being the point of curvature of a tangent curve to the right, having a delta of 26°52'49 a radius of 994.00 feet and a long chord of North 76°17'28" West, 462.07 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an arc distance of 466.34 feet to a point; THENCE North 53°51'03"West,continuing along said north right-of-way line,a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24°37'50", a radius of 1100.00 feet and a long chord of North 66°09'58"West, 469.24 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an arc distance of 472.87 feet to a point; THENCE North 89°16'54" East, leaving said north right-of-way line, a distance of 980.72 feet to a point,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 point, 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 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 801 Page 4 of 6 EXHIBIT "B" LEGAL DESCRIPTION REMAINEDER TRACT DESCRIPTION OF PROPERTY REMAINING UNDER FIDELITY OWNDERSHIP: Lot I, Fidelity Investments Westlake Addition, Phase I, according to the Plat thereof, recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County, Texas. Less-and-except: That certain 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract No. 756, Tarrant County, Texas and also being a portion of Lot 1, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County,Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a point 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 point, being the point of curvature of a tangent curve to the right, having a delta of 26°52'49", a radius of 994.00 feet and a long chord of North 76'17'28" West, 462.07 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an arc distance of 466.34 feet to a point; THENCE North 53'5 1"03"West,continuing along said north right-of-way line,a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24°37'50", a radius of 1100.00 feet and a long chord of North 66°09'58"West, 469.24 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an arc distance of 472.87 feet to a point; THENCE North 89'16'54" East, leaving said north right-of-way line, a distance of 980.72 feet to a point, 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 point, 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; Ordinance 801 Page 5 of 6 THENCE along said tangent curve 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. 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