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HomeMy WebLinkAbout1329 10-27-1998ORDINANCE NO. 1329 AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF ORDINANCES, IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON THE �E JOHN H. HAVINS SURVEY, ABSTRACT 685, TRACTS 1, 1E1, 1 El A, 1 Di, I E, 1 E2, 2, 3; JESSE DOSS SURVEY, ABSTRACT 441, TRACTS 2, 3, 3A, 3B, 3C, 4A1, 4A1A, 4B, 4131, 4132, 4C, 5, 6, 6A, 6A1, 6B, 6B1, 6B1A, 6132; BBB & C RR SURVEY, ABSTRACT 204, TRACTS 4132B, 4135, 5, 5D; BRYANT HARRINGTON SURVEY, ABSTRACT 808, TRACTS 4, 4A, 413, 5, 5B, 5131, 5C, AND PORTIONS OF TRACTS 3, 3B AS DESCRIBED IN DETAIL BELOW; LEVY FRANKLIN SURVEY, ABSTRACT 513, TRACTS 2E, 3B, 4, 4A, 4C, 4E, 4,'E1, AND PORTIONS OF TRACTS 3, 4D, 4F, 4F1 AS DESCRIBED IN DETAIL BELOW; AL -KO SOUTHWEST ADDITION, BLOCK A, LOT 1 FROM THE CURRENT ZONING CLASSIFICATIONS TO TX-121 (THE 121 GATEWAY DISTRICT); PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has conducted a public hearing on October 6, 1998, in conjunction with Zoning Case No. #98- 29 -ZC, and has rendered a recommendation to the City Council with respect to same; WHEREAS, City Council has conducted a public hearing on October 27, 1998, considered the recommendation of the Planning & Zoning Commission, and has determined that the proposed change is in the best interest of the general welfare of the City of Euless; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 THAT the official zoning district map of the City of Euless, Texas, being a part of Chapter 84 of the Code of Ordinances, be amended to read so that the zoning district classification of the lots, tracts, or parcels of land specifically described in "Exhibit A" (attached hereto and made a part hereof), be changed from the current zoning classification to TX -121 (the 121 Gateway District), in accordance with the detailed zoning graphic labeled "Exhibit B" (attached hereto and made a part hereof). SECTION 2 SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 3 PENALTY FOR VIOLATION. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the comprehensive zoning ordinance of the City of Euless hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two - Thousand Dollars ($2,000) and each day such violation shall continue or be permitted to exist shall constitute a separate offense. Any amendment to the general penalty provision found in the comprehensive zoning ordinance of the City of Euless, as amended, shall be deemed to automatically amend this penalty provision in conformity therewith. SECTION 4 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 27th day of October, 1998, by a vote of 6 ayes, 1 nay, and 0 abstentions. APPROVED: Mary Lib S eh, mayor ATTEST: ---& san Crim, C� C /JAAE, City Secretary AP PRO D AS TO FORM: Bob McFarland, City Aftorney ORDINANCE NO. 1329, PAGE 2 OF 7 EXHIBIT A, ORDINANCE NO. 1329 The zoning district classification of the following parcels of land is changed by Ordinance No. 1329 to TX -121, the 121 Gateway District, e;:cept for the portions specifically excluded below. PROPERTY DESCRIPTION PRIOR ZONING AL -KO Southwest Addn. Block A Lot 1 LI BBB & C RR Survey Abstract 204 Tract 4135 R -1 BBB & C RR Survey Abstract 204 Tract 4B213 R -1 BBB & C RR Survey Abstract 204 Tract 5D C -2 BBB & C RR Survey Abstract 204 Tract 5 C -2 Bryant Harrington Survey Abstract 808 Tract 3 CUD 739 and C -2 Bryant Harrington Survey Abstract 808 Tract 3B CUD739 Bryant Harrington Survey Abstract 808 Tract 4 CUD 739 and C -2 Bryant Harrington Survey Abstract 808 Tract 4A C -2 Bryant Harrington Survey Abstract 808 Tract 4B CUD 739 and C -2 Bryant Harrington Survey Abstract 808 Tract 5 C -2 Bryant Harrington Survey Abstract 808 Tract 5B C -2 Bryant Harrington Survey Abstract 808 Tract 5131 C -2 Bryant Harrington Survey Abstract 808 Tract 5C C -2 Jesse Doss Survey Abstract 441 Tract 2 R -1 Jesse Doss Survey Abstract 441 Tract 3 R -1 Jesse Doss Survey Abstract 441 Tract 3A R -1 Jesse Doss Survey Abstract 441 Tract 313 R -1 Jesse Doss Survey Abstract 441 Tract 3C C -2 Jesse Doss Survey Abstract 441 Tract 4A1 C -2 Jesse Doss Survey Abstract 441 Tract 4A1A C -2 Jesse Doss Survey Abstract 441 Tract 4B C -2 Jesse Doss Survey Abstract 441 Tract 4131 C -2 Jesse Doss Survey Abstract 441 Tract 4132 C -2 Jesse Doss Survey Abstract 441 Tract 4C C -2 Jesse Doss Survey Abstract 441 Tract 5 R -1 Jesse Doss Survey Abstract 441 Tract 6 PD 1115 and C -2 Jesse Doss Survey Abstract 441 Tract 6A R -1 Jesse Doss Survey Abstract 441 Tract 6A1 C -2 Jesse Doss Survey Abstract 441 Tract 6B C -2 Jesse Doss Survey Abstract 441 Tract 6B1 C -2 Jesse Doss Survey Abstract 441 Tract 6131A C -2 Jesse Doss Survey Abstract 441 Tract 6132 C -2 John H. Havins Survey Abstract 685 Tract 1 PD 811 and C -2 John H. Havins Survey Abstract 685 Tract 2 C -2 John H. Havins Survey Abstract 685 Tract 3 R -1 John H. Havins Survey Abstract 685 Tract 1D1 C -2 John H. Havins Survey Abstract 685 Tract 1E C -2 John H. Havins Survey Abstract 685 Tract 1E1 C -2 ORDINANCE NO. 1329, PAGE 3 OF 7 John H. Havins Survey John H. Havins Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Levy Franklin Survey Abstract 685 Tract 1 E1A C -2 Abstract 685 Tract 1 E2 C -2 Abstract 513 Tract 2E CUD 717 Abstract 513 Tract 3 R -1 Abstract 513 Tract 3B R -1 Abstract 513 Tract 4 C -2 Abstract 513 Tract 4A C -2 Abstract 513 Tract 4C C -2 Abstract 513 Tract 4D CUD 739 and C -2 Abstract 513 Tract 4E LI Abstract 513 Tract 4E1 Ll Abstract 513 Tract 4F C -2 Abstract 513 Tract 4F1 CUD 768 and C -2 The following portions of land are specieiicaHya excluded from the TX -121 rezoning: FIRST PORTION: BEING a tract of land situated in the Levi Franklin Survey, Abstract No. 513 and the Bryant Harrington Survey, Abstract No. 808 in the City of Euless, Tarrant County, Texas and being part of those tracts of land described in deeds to Univest Corporation, recorded in Volume 5319, Page 779, Volume 5319, Page 788 and Volume 5840, Page 702 of the Deed Records of Tarrant County, Texas, to Peter Shaddock, Trustee, recorded in Volume 9304, Page 1447 of the said deed records and also that tract of land as described on the survey by David C. Moak, shown as exhibit "C" to the boundary line agreement between Peter Shaddock, Trustee and Roland Maddox, Trustee, recorded in Volume 8055, Page 1421 of the said deed records and being more particularly described as follows: BEGINNING at a point on the east line of State Highway No. 121 (a variable width right - of -way) said point being the southwest corner of the above said Univest tract and being the northwest corner of the Mansions by the Vineyard Addition, an addition to the City of Euless as recorded in Plat Cabinet "A ", Slides 4026 and 4027 of the Map Records of Tarrant County, Texas, said point also being in a non- tangent curve to the left running in a northerly direction and having a central angle of 05 047'10" a radius of 11689.16 feet and a chord bearing of N. 09 °12'19 "E.; THENCE along said curve, and along the said east line of State Highway No. 121, 306.71 feet to the end of said curve, a point for corner; THENCE N. 89 021'00 "E., 234.41 feet leaving the said east line of State Highway No. 121, to a point for corner, said point being in a non - tangent curve to the left running in a northerly direction and having a central angle of 05 007'07" a radius of 11919.16 feet and a chord bearing of S. 07 148'58 "E.; THENCE along said curve 1064.82 feet to the end of said curve, a point for corner, said point being in a non - tangent curve to the right running in an easterly direction and having a central angle of 20 °57'07" a radius of 703.60 feet and a chord bearing of N.62 017'49" E.; THENCE along said curve 257.29 feet to the end of said curve, a point for corner; THENCE S. 51049'16" E., 87.63 feet to a point for corner, said point being the beginning of a curve to the left having a central angle of 30 058'46" a radius of 496.40 feet and a chord bearing of S. 67 018'39" E.; ORDINANCE NO. 1329, PAGE 4 OF 7 THENCE along said curve 268.40 feet to the end of said curve, a point for corner; THENCE S. 82 048'02" E., 102.77 feet to a point for corner; THENCE N. 08 051'13" E., 884.15 feet to a point for corner; THENCE N. 00 009'07" W., 66.47 feet to a point for corner being on the north line of the said Univest tract, said point also being on the south line of a tract of land as conveyed to Zolon A. Wilkins and wife, Edna Wilkins by deed recorded in Volume 6145, Page 597 of the said Deed Records; THENCE N. 89 050'53" E., 302.37 feet along the said common property line between the Univest tract and the Wilkins tract to a point for corner; THENCE S. 00 036'08" E., 416.93 feet leaving the said common property line between the Univest tract and the Wilkins tract to a point for corner; THENCE S. 00 009'38" W., 406.44 feet to a point for corner; THENCE N. 88 1130'17" E., 8.41 feet to a point for corner; THENCE S. 01 007'46" E., 137.89 feet to a point for corner; THENCE S. 28 043'47" E., 48.64 feet to a point for corner, said point being the beginning of a curve to the right having a central angle of 12 °29'16" a radius of 293.85 feet and a chord bearing of S. 22 °29'09" E.; THENCE along said curve 64.05 feet to the end of said curve, a point for corner; THENCE S. 16 °14'31" E., 137.68 feet to a point for corner; THENCE S. 00 017'47" E., 30.00 feet to a point for corner, said point being on the north line of a tract of land as conveyed to Priest Baze by deed recorded in Volume 2374, Page 296 of the said Deed Records; THENCE S. 88 006'56" W., 577.00 feet along the said north line of the Baze tract to a point for corner; THENCE S. 00 015'51" E., 754.83 feet along the west line of the said Baze tract to a point for corner, said point being the northeast corner of the above said Mansions by the Vineyard Addition; THENCE S. 89 021'00" W., 1047.48 feet along the north line of the said Mansions by the Vineyard Addition to the Point of Beginning and containing 32.528 acres of land. SECOND PORTION BEING a tract of land situated in the Levy Franklin Survey, Abstract 513, Tract 3, City of Euless, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the northwesternmost point of the Bear Creek Estates Subdivision Phase I (Revised ), an addition to the City of Euless as recorded in Volume 388 -109, Page 8 of the Map Records of Tarrant County, Texas; THENCE along the west line of said subdivision S 0 °10'45" E a distance of 679.39 feet to the northwesternmost point of the the Bear Creek Estates Subdivision Phase Il, an addition to the City of Euless as recorded in Volume 388 -170, Page 84 of the Map Records of Tarrant County, Texas; THENCE along the western line of said subdivision S 00 1102'11" E a distance of 260.61 feet to a point; THENCE N 88 049'42" W a distance of 500 feet to a point; THENCE N 00 °02'11" W a distance of 260.61 feet to a point; ORDINANCE NO. 1329, PACE 5 OF 7 THENCE N 0 010'45" W a distance of 679.39 feet to a point located in the south line of the Woodbury Forest Addition, an addition to the City of Euless as recorded in Volume 388- 194, Page 44 of the Map Records of Tarrant County, Texas, in the dedicated right -of -way of Priest Lane; THENCE along said south line S 88 049'42" E a distance of 500 feet to the point of beginning, containing approximately 470,000 square feet of land, or approximately 10.799 acres, more or less. ORDINANCE NO. 1329, PAGE 6 OF 7 EXHIBIT B, ORDINANCE NO. 1329 Ln 11 w y d� Mr ~ °`� ORDINANCE NO. 1329, PAGE. 7 OF 7