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Ord 150 Amending Comprehensive Zoning adding a tract of land to Planned Office Park and HotelORDINANCE NO. '.5 C' AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49, AS AMENDED, TO PERMANENTLY ZONE THAT CERTAIN "TRIANGLE TRACT" TO "PH -PLANNED OFFICE PARK AND HOTEL" AMENDING THE ZONING MAP TO REFLECT SUCH PERMANENT ZONING; PROVIDING THAT THIS ORDINANCE SHALL CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. WHEREAS, International Business Machines Corporation has duly requested that the property described in the attached Exhibit "A" (the "Triangle Tract") be permanently zoned "PH -Planned Office Park and Hotel"; and WHEREAS, the Triangle Tract has previously been interimly zoned "PH -Planned Office Park and Hotel"; and WHEREAS, the Planning & Zoning Commission of the Town of Westlake has previously duly posted and given notice of IBM's request for permanent zoning of the Triangle Tract to all affected parties and has duly conducted hearings on such request and has recommended approval of permanently zoning the Triangle Tract "PH -Planned Office Park and Hotel"; and WHEREAS, after duly posting and given all notice required by law, the Board of Aldermen of the Town of Westlake are of the opinion that the Triangle Tract should be permanently zoned "PH -Planned Office Park and Hotel"; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the foregoing preambles are hereby adopted and declared to be true and correct. Section 2. That Ordinance No. 49 be and the same is hereby amended so that the uses in the Triangle Tract are those permitted under "PH -Planned Office Park and Hotel" zoning and the provisions of Article III, Section 1 of Ordinance No. 49 are hereby declared inapplicable only insofar as the Triangle Tract is concerned and the permanent zoning of the Triangle Tract shall be "PH -Planned Office Park and Hotel." Section 3. 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 congestion of population; to facilitate the adequate provision of transportation, water, sewage, parks and other public requirements. They have been made after full and complete public hearing, with reasonable consideration being given to, among other things, the character of the district and its peculiar suitability for the particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 4. 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 the provisions of such ordinances are in direct conflict with the provisions of this Ordinance. Section 5. That all rights or remedies of the Town of Westlake, Texas are expressly 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 courts shall have the powers which exist prior to the effective date of this Ordinance. Section 6. It is hereby declared to be the intention of the Board of Aldermen that sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness 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 Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. Section 7. That any person, firm or corporation that 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 no less than Five Dollars ($5.00), and no 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 B. 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 7TH DAY OF APRIL, 1986. ATTEST: Ge ry Wlyfte, Town Secretary, own of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Is am, Town Attorney, Town of Westlake, Texas TOWN OF WESTLAKE, TEXAS � J, Mayor v ! L +CA v( Za ,F' R3? V EXHIBIT " All TOWN OF WESTLAKE `X ANNATION I CO) I L' e EXHIBIT 'A' TRIANGLE TRACT PROPERTY DESCRIPTION OF 44.759 ACRES BEING a 44.759 acre tract of land situated in the J. Medlin Survey, Abstract Number 1958. the U. P. Martin Survey, Abstract Number 1015, the J. B. Martin 1107 yal frTarranact nt�County, Texas. Said tractnbeingvsore particularly urey. Abstract �r described by metes and bounds as follows: BEGINNING at a point in the centerline of Peytonville Road (County Road Number 3088), said point being the intersection of the Town of Westlake Corporate limits and the south right-of-way line of State Highway Number 114 (220 foot right-of-way); THENCE S 36" 32' 25' E along the said right-of-way line 2.796.55 feet to a orationBinch iron Tract NwaberiTwolAid . as recorded iin beinhVolouma 7422. Pageeast r2157. Countyorp Records, Tarrant County, Texas; THENCE N 88' 29'50" W along the south line of said I.B.M. Tract, at 110.41 feet passing a comun corner of an I.B.M. Corporation Iract, as recorded in Volume 7376, Page 1792, of said County Records.and continuing along the south line of said tract a total distance of 907.77 feet to a 5/8 inch iron pin, said pin being the northeast corner of an I.B.M. Corp- oracion Tract, as recorded in Volume 7824, Page 2033, of said County Records; THENCE S 00' 17' 58" w &1649 the east line of said tract 197.59 feet to a 5/8 inch iron pin, said pin being the southeast corner of said tract; THENCE 5 86" 22' 05" W along the south line of said tract 518.25 feet to a 112 inch iron pin, >aid pin being the southwest corner of said tract and being in the east right-of-way line of said Peytonville Road; THENCE N 19" 09' 01" W along the east right-of-way line of said Peytonville Road 393.02 feet to A 5/8 inch iron pin, said pin being the southwest corner of an I.B.N. Corporation Tract, as recorded in Volume 7376. Paye 1779, of said County Records; THENCE S 88" 45' 45" W crossing said road 117.01 feet to the southeast corner of G. H. Harmon 120.8 acre tract, as recorded in Volume 2060, Page 75, of said County Records, said corner being a corsoon corner of the Town of Westlake Corporation limits; THENCE N 00" 10' 51" E along the east line of said tract and the Town of Westlake Corporation limits 2.084.74 feet to the POINT OF BEGINNING containing 44.759 acres, more or less. C&B Job No.84664-02 July 26, 1985