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Ord 154 Rezoning 49.157 acres from Planned Office Park to Planned Office Park and HotelORDINANCE NO. 154 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49 AS AMENDED, TO REZONE THAT CERTAIN PROPERTY DESCRIBED HEREIN TO "PH -PLANNED OFFICE PARK AND HOTEL"; CHANGING THE ZONING MAP TO REFLECT SAID REZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. 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 in Exhibits "A-1 and A-2" attached hereto and made a part hereof be rezoned from ""P" Planned Office Park to "PH -Planned Office Park and Hotel." 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 particular 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 provisions of this ordinance. Section 4. 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 court shall have all of the powers which existed prior to the effective date of this Ordinance. Section 5. That all necessary notices have been issued and all requisite public hearings have been held in which every person desiring to do so had the free and fair opportunity to be heard. Sertinn 6 - It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of the 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, paragraphs or sentences 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. Sertinn 7_ 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. Sec:ti nn R _ 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 '!% day of August, 1986. ATTEST: .As'. e y White.' ToiWh Secretary T wn of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney Town of Westlake, Texas Dale L. White, "Mayor Town of Westlake, Texas -2- 17VT-rT ]TT "A I" ZONING DESCRIPTION Being a tract of land situated in the C. M. Throop Survey, Abstract No. 1510 and the U.P. Martin Survey, Abstract No. 1015, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point in the westerly line of IBM Corporation trac8 as recorded in Deed Volume 7376, Page 2087, said point being N 00 47' 24" E, 986.01 feet from the Southwest corner of said tract; THENCE N 000 47' 24" E, continuing along the westerly line of said IBM Tract 330+ feet to a point in the centerline of the pro- posed Parkway'Boulevard as shown on the preliminary plat of Westlake/Southlake Park; THENCE easterly along the centerline of said Parkway Boulevard to a point in the easterly line of existing Peytonville Road; THENCE S 000 10' 51" W, along said easterly line of existing Peytonville Road, 245+ feet; THENCE S 530 27' 35" W, 820+ feet to the beginning of a curve to the right; HENCE along said curve to the right through a central angle of 44 40' 00', a radius of 588.79 feet, an are length of 459.01 feet and a long chord of S 750 47' 36" W, 447.48 feet; THENCE S 890 33' 46" W, 721.74 feet to the POINT OF BEGINNING. This description is for zoning purposes only. C&B Job No. 840664-1402 June 27, 1986 Page 1 of 1 FY7-TATT ^A_7* now t CARTER G BURGESS, p< EWCANEERS • PLANNERS •w �r[o+ ileR1 / r � M w.� r �• Rww RAY •w•� U. A MARTIN SURVEY A -101'3 �yr�w [I�•a ATE 6/x/0 DR A WN +-a. DESIGNED 40. 9+0664-1402 CHECKED j.". Y 34 EXHIBIT OF IN THE C. M. THROOP SURVEY, A-1510 W. MEDLIN SURVEY,A-1958 TARRANT COUNTY, TEXAS WM. H. PEA SURVEY A-1045 DENTON COUNTY,TEXAS 0 250 500 SCALE IN FEET r RCEL U 49.157 Acres Parcel II it Bearing Distance Distance S 00014'02" 1223,$+ 2- N 81.3$" Acres F. 71.63 3- i'nr`a 1 I 00'28'30- # 2'113.64 Bearing S Distance W I.- N 89048'3-" 89046''14" E 1124.78 2- N 88035'58" 300041 E. 204.51 3- 5 000331170'" 2oot)0'24" B 560.68 4- S 00028'35" 01 044' E 2087.69 5- N 89037155" 0003W,)5„ w 1234.11; 6- a-139°59' N 59" R-150.00 1,-235.62 7- N 00°42'35" 0002b'23" E 980.69 8- N 00033'19" 71°IV'53 W 394.+p3 9- N 001001'47" E 552.98 10- N 012020'24" E 553.50 49.157 Acres Parcel II it Bearing Distance Distance S 00014'02" 1223,$+ 2- N 89054'49" F. 71.63 3- S 00'28'30- W 2'113.64 4-- S 88035'58" W 412.2, 5— S 89046''14" W 1124.78 6- N 300041 vu- F 176.40 7- N 2oot)0'24" E 133.67 8- N 01 044' 1 5" F: 319.96 9— N 0003W,)5„ W 728 -02 10— N 89049'115- E 257.15 I1- N 0002b'23" W 51j5. 51) 12- S 71°IV'53 E 1143.451 TOWN OF WESTLAKE ) COUNTIES OF TARRANT AND DENTON ) ANNEXATION PETITION } STATE OF TEXAS ) COMES NOW, International Business Machines Corporation and hereby requests the Town of Westlake, Texas, to annex property owned by it which is described by metes and bounds attached hereto and incorporated herein (the "Loftis Tract"). The said Loftis Tract is vacant or inhabited by less than three qualified voters and is contiguous and adjacent to the Town of Westlake and is within the extraterritorial jurisdiction of the Town of Westlake. This petition is conditioned on the Town of Westlake's approval of International Business Machines Corporation's Application for Zoning. Such petition requests that the Loftis Tract be added to the adjacent tract owned by Petitioner which is zoned "P" - Planned Office Park. EXECUTED this day of March, 1985. INTERNATIONAL BUSINESS MACHINES CORPORATION By Title lCe rwidt'lit Real S e STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared A. J. Fedge, Jr. , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said International Business Machines Corporation, a New York corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this `( day of March, 1985. 07'£4T1 :4 .,ES,RToTL S -71 nS'S�#S M„F,7,RZo00 N -11 S1'LSZ :I ..g067a6R N -01 ZO'R7L M ..V),g1J)O N -6 96.6TE q .,ST,S7.To N -R L9'Et,T -4 .,77100nnZ N -L 97-9L1 3 .,00,70.OE N -9 9L'77TT Al .,71,94®69 S -S Z7.•ZT7 M 79'Rzz M ..ff . R7o00 S -E f:q' TL 3 „6'7, 7 6R N -Z 7T ",ZZI M ,.Zn,7i.00 S -1 a�uEls}0 � utxe�g � II Ia�1�d 573Jt+, 1ST 167 ()S'ESS 3 .4 `01 R6'7S5 q ,-L7,TOo00 N -6 EO'*6E M ,.6T,CC. 00 N -6 69'096 3 .,SE,Z7o00 N -L 191SEZ-1 00'OST-S „65,65o69-7 -9 9117[?1 m .,SS, LEofi'9 N -S 691LS()Z 3 ,,SE,RZ.00 S -7 991095 3 „0011 EIGO S -E TS170Z 3 AS,SE.99 N --Z 9L'7i.11 3 „"E,R7a69 :4 -1 aa�elBiQ �Txeag It z 1��1gd sax�W Z.RE'"R II -13:D6Vd I 133-4 NI TIVOS 009 oSZ 0 SVX31'1.1Nn0O NOIN30 E tFU 5b01-V"A3A8ns v3d 'H VIM SdX31'aiNnOO 1NVa8171 :,kg 9961-V'J.3AanS NI-IC13W A OISi-d'A3A8nS dO0aH-L A -0 3H1 NI #0 .L191HX3 A- 3NI-I 'Od t I ,I. —1308Vd I e I 0 Q 0 u I � I ` PO.B. PARCEL I .... PRECINCT e � LINE 6 � 7 0 250 500 SCALE IN FEET ROAD COMPILED NOVEMBER 26 , 1984 BY SUR VCON , INC. 2880 L.B.J. FRWY, DALLAS, TX, 75234 SUITE -107 (214)484.2133 F- 3-7-85 EXHIBIT OF 4 W �o J J iN THE Z 'n C. M. THROOP SURVEY, A-1510 W. MEDLIN SURVEY,A-1958 TARRANT COUNTY, TEXAS WM. H. PEA SURVEY A-1045 DENTON COUNTY,TEXAS Z -PaB. PARCEL II I 3'� i I �r:�• �u z Z I �( EXHIBIT OF 4 W �o J J iN THE Z 'n C. M. THROOP SURVEY, A-1510 W. MEDLIN SURVEY,A-1958 TARRANT COUNTY, TEXAS WM. H. PEA SURVEY A-1045 DENTON COUNTY,TEXAS Z -PaB. PARCEL II TOWN OF WESTLAKE ) COUNTIES OF TARRANT AND DENTON ) ANNEXATION PETITION STATE OF TEXAS ) COMES NOW, International Business Machines Corporation and hereby requests the Town of Westlake, Texas, to annex property owned by it which is described by metes and bounds attached hereto and incorporated herein (the "Loftis:,Tract'") . The said Loftis Tract is vacant or inhabited by less than three qualified voters and is contiguous and adjacent to the Town of Westlake and is within the extraterritorial jurisdiction of the Town of Westlake. This petition is conditioned on the Town of Westlake's approval of International Business Machines Corporation's Application for Zoning. Such petition requests that the Loftis Tract be added to the adjacent tract owned by Petitioner which is zoned "P" - Planned Office Park. YA EXECUTED this day of March, 1985. INTERNATIONAL BUSINESS MACHINES CORPORATION By. "". Title VICe --R—eal _sae 6L UU113LtU%,L;1- STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared A. J. Hedge, Jr. , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said International Business Machines Corporation, a New York corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of March, 1965. - PETITION FOR ZING (The Loftis Tract) International Business Machines Corporation ("IBM") asks that the Town of Westlake zone to "P - Planned Office Park" the property described as Parcel II in the attached Exhibit "A" and as more particularly described in the metes and bounds description attached as Exhibit "B" upon annexation of the property described in the attached Exhibit "B" into the Town of Westlake. Such zoning, if approved, should amend Ordinance No. 126 of the Town of Westlake to include the land decribed herein since IBM desires to have all its property in the Town of Westlake zoned "P - Planned Office Park" in one tract. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation By 66�&6-;2- W. Edward Walts, II Trustee METES & BOUNDS DESCRIPTION Parcel II 49.157 Acres Denton and Tarrant Counties, Texas Being a tract containing 49.157 acres located in the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas, and the William H. Pea Survey, Abstract No. 1045, Denton County, Texas, said tract being all of a called 49.0997 acre tract described in a deed from Dallas Market Center Hotel Company to International Business Machines Corporation on the 15th day of October, 1982, recorded in Volume 7376, Page 1728, Deed Records of Tarrant County, Texas, said 49.157 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point on the south right-of-way of State Highway 114, being the northeast corner of said 49.157 acre tract; THENCE South 00°14'02" West with the east boundary line of said 49.157 acre tract a distance of 1223.84 feet to a 3/4 -inch iron rod found for corner; THENCE North 89°54'49" East, 71.63 feet to a 1 -inch galvanized iron pipe found for corner; THENCE South 00°28'30" West, 228.64 feet to a 1 -inch iron pipe in fence found for corner; THENCE South 88035'58" West, along said fence, 412.22 feet to a 3/8 -inch iron rod found in fence corner; THENCE South 89°48'34" West, along said fence, 1124.78 feet to a 1/2 -inch iron rod found in fence corner, being on the east right-of-way of Precinct Line Road; THENCE North 30°04'00" East, along said right-of-way, 176.46 feet to a point; THENCE North 20°00'24" East, along said right-of-way, 133.67 feet to a point; THENCE North 01°44'15" East, along said right-of-way, 319.96 feet to a point; THENCE North 00°36'05" West, along said right-of-way, 728.02 feet to a point; THENCE North 89°49'05" East, 257.15 feet to a point; THENCE North 00°28'23" West, 505.50 feet to a point lying on the south right-of-way of State Highway 114; THENCE South 71018'53" East, along said south right-of-way, 1143.20 feet to the POINT OF BEGINNING and containing 49.157 acres of land. M&B-26-17 PETITION FOR ZONING (The Loftis Tract) International Business Machines Corporation ("IBM") asks that the Town of Westlake zone to "P - Planned Office Park" the property described as Parcel II in the attached Exhibit "A" and as more particularly described in the metes and bounds description attached as Exhibit "B" upon annexation of the property described in the attached Exhibit "B" into the Town of Westlake. Such zoning, if approved, should amend Ordinance No. 126 of the Town of Westlake to include the land decribed herein since IBM desires to have all its property in the Town of Westlake zoned "P - Planned Office Park" in one tract. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation By 1/ � W. Edward Walts, II Trustee