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Ord 578 Zoning Planned Development PD 3-5A 1.314 acres of land (Roanoke Boundary Agreement)ORDINANCE NO. 578 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY RATIFYING, CONFIRMING, AND READOPTING ORDINANCE NO. 452, WHICH ADOPTED AND CREATED PLANNED DEVELOPMENT DISTRICT NO. 3-5A, AND RATIFYING, CONFIRMING AND READOPTING THE REZONING OF AN APPROXIMATELY 1.314 ACRE TRACT OF LAND TO BE INCLUDED WITHIN PLANNED DEVELOPMENT DISTRICT NO. 3-5A; 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. 452 which rezoned an approximately 154 acre tract of land to Planned Development District No. 3-5A ("PD 3-5A") pursuant to all the requirements of state law and local ordinances: and WHEREAS, an approximate 1.314 acre tract as more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property") was included in the original adoption of PD 3-5A on March 22, 2004; 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 3-5A, as shown on attached Exhibit "B" attached hereto and incorporated herein; 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. 452 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 3-5A. 4. That all terms and conditions of PD 3-5A 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 3-5A on the Town's Official Zoning Map. 5. 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. Passed and approved by the Board of Aldermen of the Town of Westlake, Texas, on this 24h day of September 2407. Town of Westlake, Texas Scott Bradle , Mayor ATTES J'a� /Kim utter, Town Secretary FORM: Attorney EXHIBIT "A" TO WESTLAKE ZONING ORDINANCE FOR 1.314 ACRE TRACT Description of the Properti' 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 AIL Investment, L.P. and recorded in Volume 4116; Page 183, Real Property Records of Denton County and in Volume 13275, Page 542, Deed Records of Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows, COMMENCING 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, being a corner in the westerly line of 170 Retail Associates, Ltd. tract as recorded in County Clerk's filing No. 2005-136073 (Denton County) and No. D205325970 (Tarrant County); THENCE N 89054'34"E, 1658.19 feet to the POINT OF BEGINNING in the southerly right- of-way line of State Highway 170 (variable width right-of-way); THENCE N 34039'39"E, 368.29 feet along said southerly right-of-way line; THENCE S 75041'23"E, 65.50 feet, leaving said southerly right-of-way tine; THENCE N 89°52'23"E, 19.84 feet; THENCE S 00°39'46"E, 291.06 feet; THENCE.N 89°10'35"W, 296.16 feet to the POINT OF BEGINNING and containing 57232.9279 square feet or 1.314 acres of land more or less. � ;,f Z- Bobby Lynn, T i dwe I I 6 1 7 I 8 I 4 10 11 Vol . 1034, Pg. 740 1 2 3 4. S pdd1'L! C" 4c?7 �. D- C. R. P, R. D. C. T. [ uebo Vo l� 343. ¢g' • p' F 3�' S8�°4,5394',-Egos R N$90 18' 19" E t 592.25' qua 0 2 FN 5 R� • wQSas 1:`1v 6 I f'QSi ,r)0 EXHIBIT SHOWING TMT F LAN D SITUATED IN THE 1.s. E. P. & P. R. R. CO. SURVEY, ABSTRACT No. 923 AND THE J. BACON SURVEY, ABSTRACT No.1565, TOWN OF WESTLAKE, � DENTON COUNTY. TEXAS. � � BASIS OF BEARING IS THE RECOVERED NORTH RIGHT-OF-WAY is LINE OF OF STATE HIGHWAY 170 WITH A -00'2734" ROTATION. SCALE L X 0 1 . _ 300'15 w�$ 16 �t(}WU� z C40 cc �N9 cu Bobby Lynn, T i dwe I I 6 1 7 I 8 I 4 10 11 Vol . 1034, Pg. 740 1 2 3 4. S pdd1'L! C" 4c?7 �. D- C. R. P, R. D. C. T. [ uebo Vo l� 343. ¢g' • p' F 3�' S8�°4,5394',-Egos R N$90 18' 19" E t 592.25' qua 0 2 FN 5 R� • wQSas 1:`1v 6 I f'QSi ,r)0 ►C c°.,ao VOL, .3275, PG. 542 Q 14 ,its` ` LUh h � ap��` G Gane � � u-"�Q � � is Meadow �a •�° sR a V . g 2$0 aRo L X 0 cep w�$ 16 �t(}WU� z C40 cc fW , cu f I8 17 i $ 16 FNp, b d4 13 F7 11 Lat'A" 18 k Bobby Lynn, T i dwe I I 6 1 7 I 8 I 4 10 11 Vol . 1034, Pg. 740 1 2 3 4. S pdd1'L! C" 4c?7 �. D- C. R. P, R. D. C. T. [ uebo Vo l� 343. ¢g' • p' F 3�' S8�°4,5394',-Egos R N$90 18' 19" E t 592.25' qua 0 2 FN 5 R� • wQSas 1:`1v 6 I f'QSi ,r)0 ►C c°.,ao VOL, .3275, PG. 542 Q I Q ( TAR ANT COUNTY' 2 Lnn c7 LUh h - a C I1[ � CJiT� �EL06 sR a V . g 2$0 aRo Z f cep w�$ v� z C40 cc E�L]d'CL cu 4 ar- -� - 10 o CD V) �- a a 0 -4—` NO 00 15' 39" W -Y 1. 40. 52' IA TRACT I 170 RETAIL ASSOCIATES, LTD. CCF 2005-136073 (DENTON COUNTY) CCF 0205325470 (TARRANT COUNTY) A ABSYRACT H@. 023 a A=000 18' 39" z R=I 1479. 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