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Ord 126 Amending Comprehensive Zoning Ordinance of 1972ORDINACE /,,Z AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNI- CIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULA- TIONS AND SHOWING SUCH DISTRICT AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS," PROVIDING FOR INTERPRETA- TION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That Ordinance No. 49 be and is hereby amended so that permitted uses in the hereinafter described area be altered, changed, and amended as follows: That the property described on Exhibit "A" attached hereto and made a part hereof be rezoned from "H" - Residential, High Density, "L" - Residential, Low Density, and "R" - Retail to "P" - Planned Office Park. SECTION 2. 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 provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the parti- cular uses and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. SECTION 3. 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 instances where provisions of such ordinances are in direct conflict with the pro- visions of this ordinance. SECTION 4. That all rights or remedies of the Town of Westlake, Texas, are ex- pressly 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 ordinance; and, as to such accrued violations, the court shall have all of the powers which existed prior to the effective date of this ordinance. SECTION 5. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance shall be declared void, ineffec- tive or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or uncon- stitutionality 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 without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That any person, firm or corporation who 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 not less than Five Dollars ($5.00), nor 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 7. That this ordinance shall 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 the day of August, 1982. llale White, Mayor Town of Westlake, Texas -2- ATTEST: Gerl Whi, Town Secretary 'Pow -of Westlake, Texas APPROVED AS TO LEGAL FORM: r c Paul C. Isham, Town Attorney Town of Westlake, Texas -3- FIELD NOTES TO 292.3765 ACRES IN THE C.M. THROOR SURVEY ABSTRACT 1510, T."I. MANN SURVEY ABSTRACT 1107, W. MEDLIN SURVEY ;'ABSTRACT 1058, WILLIAM H. PFA SURVEY ARSTRACT 1045 AND 2025, JOSEPH HENRY SURVEY ABSTRACT 528, TARRANT AND DENTON COUNTIES TEXAc .ill that certain tract or parcel of land situated in the C.M. Throop Survey Ab- stract 1510, T.W. Mann Survey, Abstract 1107, W. Medlin Survey, Abstract 1058, William H. Pea Survey, Abstract 2025,ard 1045, and the Joseph Henry Survey, Ab- stract 528, Tarrant Count and Denton County „ Texas, and being part of a 145.283 acre tract described in a deed from Ben A. Zweld to John W. Taylor, et al, on March 23, 1970, recorded in Volume 4859, Page 844, Deed Records of Tarry part of a 33.347 acre tract described in a deed.from Dr. Carroand ;:,einq ll ant BCounty, Helen M. Browning on December 24, 1975, recorded in Volume 782, Page r000uwsnito 411, Deed Records of Denton County, and being part of a 117.355 acre tract described in a deed from Craig and Rose Development Col to William Rose and Larry Craig, recorded in Volume 7141, Page 660, Deed Records of Tarrant County, and beinq part of a 46.792 t of a tract described in a deed acre tract owned by Dr. Carroll 14. Browning and par from Dr. Carroll Browning to Howard Dudley on May 27, 1970, recorded in Volume 4888, Page 625, Deed Records of Tarrant County, and being more fully described as follows: BEGINNING at a steel pin in the Westerly line of State Highway 114, said pin beinq in the North boundary line of said C.M. Throop Survey at a point 757 feet West of its Northwest corner; THENCE Southeasterly along ..the Westerly right-of-way of State Highway 114 S. 36° 33' 12" E. 1133.97 feet to a steel pin; THENCE S. 180 44' 12" E. with the Southwesterly line of said Highway 221.5 feet to a nail for corner in the East line of said Throop Survey which is the !!est bound- ary line of the W. Medlin Survey, said corner being in the middle of County Road 3088; THENCE S. 00 16' 23" W. with the middle of said road and with said common survey line a distance of 1636.79 feet to a corner; THENCE S. 140 56' 30" E. with the middle of said road a distance of 132.44 feet to a steel pin; THENCE S. 880 44' 31" W, a distance of 360.20 feet to a steel pin; THENCE S. 890 31' 11" W. a distance of 1257.31 feet to a steel pin; THENCE N. 00 38' 34" E. a distance of 460.29 feet to a steel pin; THENCE N. 89° 58' 35" W. a distance of 1976.81 feet to a steel pin; THENCE N. 0° 29' 22" E. a distance of 42.68 feet to a steel pin; THENCE N. 890 25' 55" W. a distance of 333.83 feet to a steel pin; THENCE N. 0° 28' 35" W. a idstance of 1885:26 feet to a steel pin; THENCE N. 00 33' W. a distance of 560.68 feet to a steel pin; EXHIBIT "A", Page 1 THENCE N. 88° 34' 29" E. a distance of 207.71 feet to a steel pin; THENCE M. 00 29' 31" E. a distance of 228.84 feet to a steel pin; THENCE N. 890 39' 50" w. a distance of 70.36 feet to a steel pin; THENCE N. 00 04' 04" E. a distance of 1221.0 feet to a steel pin on the South richt-• of -way of State Highway 114; THENCE S. 700 52' 55" E. with the Southerly right-of-way of State !aighway 114 a dis- tance of 1659.88 feet to a steel pin, THENCE S. 710 00' E. with the Southerly right-of-way of State Hiqhway 114 a.dis- tance of 678.17 feet to a right-of-way post at the beginning of a curve; THENCE Southeasterly with said right -or' -way and a curve to theright having a cen- tral angle of 27° 41' 02", a chord of S. 570 09' 29" E. 861.21 feet, a radius of 1799.86 feet, and an arc length of 869.65 feet to a right-of-way post at the end of said curve near the South boundary line of Denton Countv and of the Henry Sur- vey and at the Northwest corner of a'0.67 acre State of Texas tract: THENCE S. 250 38' W. with a fence and saidright-of-way a distance of 108.43 feet to a steel pin at the beginning of a curve; THENCE Southeasterly with said right-of-way and a curve to the right having a cen- trac angle of 6° 15' 27", a chord of S. 390 39' 44" E. 196.47 feet, a radius of 1799.86 feet and an arc distance of 196.57 feet to a steel pin at the end of said curve; THENCE S. 360 32' E. with a fence and said right-of-way a distance of 30.85 feet to the place of beginning and containing in all 292.3765 acres of alnd. EXHIBIT "A", Page 2