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HomeMy WebLinkAbout770 01-24-1984ORDINANCE NO. 770 AN ORDINANCE AMENDING ORDINANCE NO. 347, IDENTIFIED AS THE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING MAP; PROVIDING FOR A CHANGE OF ZONING FROM "C -1" NEIGHBORHOOD BUSINESS DIS- TRICT, "C -2" COMMUNITY BUSINESS DISTRICT, CUD "R -3" MUL- TI- FAMILY DWELLING DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT, CUD "R -3" MULTI - FAMILY DWELLING DISTRICT (IN- GRESS /EGRESS ONLY) ON CERTAIN PROPERTY OUT OF THE J. P. HALFORD SURVEY, A -711; PROVIDING FOR THE DEVELOPMENT OF SUCH TRACT OF LAND ACCORDING TO APPROVED PLANS; PROVID- ING FOR A SEVERABILITY CLAUSE: PROVIDING A PENALTY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 IT IS HEREBY ORDERED THAT the Official District Zoning Map of the City of Euless, Texas, being a part of Ordinance No. 347, be amended to read as hereinafter set forth. Such zoning request as submitted by Applicant shall be on file in the City of Euless Zoning Records and file attached to Zoning Case No. 421. The zoning classification of the property described in Exhibit "A" (attached hereto and made a part hereof as fully as if set forth herein), now zoned "C -i" Neighborhood Business District, "C -2" Community Business District, CUD "R -3" Multi- family Dwelling District is hereby changed from "C -1" Neighborhood Business District to "C -2" Community Business District in Area "A "; from "C -2" Community Business District to CUD "R -3" Multi- family Dwelling District for ingress and egress in Area "B "; from CUD "R -3" Multi - family Dwelling District to "C -2" Community Business District in Area "C ", as specifically set forth in the site plan with the date of October 25, 1983. SECTION 2 Said site plan with the date of October 25, 1983, as submitted by Applicant shall be incorporated in this ordinance as Exhibit "B" and made a part hereof for all purposes as now set forth in full. Such plan shall be applicable only to the property hereby rezoned. SECTION 3 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 remain- ing 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, clause, sentence, paragraph, or section. SECTION 4 Penalty for Violation. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter 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 Hundred ($200.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 347, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. SECTION 5 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. ORDINANCE NO. 770, PAGE TWO OF SEVEN Z.C. #421 L (II I II I I "A'' TO ORDINANCE NO. 770 TIIAT the zoning classification of the following described property, now zoned (- -I, ( -2, C()D /R3 be changed to ( - -2, (- [,I)N3 (mgres; /rgrrs rely) IAREA "A" C -1 TO C -2 ZONING BEING A 1.90 ACRE TRACT OF LAND SITUATED IN THE JAMES P. HALLFORD SURVEY. AR'rRACT NO. 711, TARRANT COUNTY, TEXAS, SAID 1.90 ACRE TRACT OF LAND BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED BY DEED TO JAMES DAVIS, AS RECORDED IN VOLUME 4258. PAGE 171, TARRANT COUNTY DEED RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INC4i IRON PIN, WITH CAP STAMPED "CARTER F BURGESS ", THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED BY DEED TO CARL STONE, AND RECORDED IN VOLUME 5206, PAGE 673, SAID DEED RECORDS, SAID POINT ALSO BEING THE SOUTHEAST CORNER nF A 6.84 ACRE TRACT OF LAND AS DESCRIBED BY DEED TO R.W. TAMPLIN, TRUSTEE, AND RECORDED IN VOLUME 7093, PAGE 208, SAID DEED RECORDS, SAID POINT -ALSO BEING IN THE WESTERLY RIGHT - OF -WAY LINE OF NORTH MAIN STREET (A 5O FOOT WIDE PUBLIC RIGHT -OF -WAY), SAID POINT LYING 1,336.1 FEET (PLUS OR MINUS) NORTH AND 25.0 FEET,(PLUS OR MINUS) WEST OF THE SOUTHEAST CORNER OF SAID JAMES P. HALLFORD SURVEY; THENCE N 00 029'47" E, 178.37 FEET ALONG SAID WESTERLY RIGHT -OF -WAY LINE TO A 112 INCH IRON PIN, FOUND; BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND, SAID PIN LYING 1,514.5 FEET (PLUS OR MINUS) NORTH AND 23.5 FEET (PLUS OR HINDS) WEST OF THE SOUTHEAST CORNER OF SAID JAMES P. HALLFORD SURVEY, SAID PIN ALSO BEING THE NORTh- EASTERLY CORNER OF T17AT CERTAIN TRACT OF LAND AS DESCRIBED IN DEED TO MARION F. DOOLEY AND M.R. CANNON AND RECORDED IN VOLUMt 4531, PAGE 61, TARRANT COUNTY DEED RECORDS; THENCE N 88 016145" W, 414.32 FEET ALONG`THE NORTHERLY LINE OF SAID DOOLEY AND CANNON TRACT TO A 5/8 INCH IRON PIN, FOUND, BEING THE NORTHWESTERLY CORNER OF SAID DOOLEY AND CANNON TRACT, SAID POINT ALSO BEING ON THE EASTERLY LINE OF THAT CERTAIN TRACT 'OF LAND AS DESCRIBED IN DEED TO R.W. TAMPLIN AND RECORDED IN VOLUME 7093, PAGE 208, TARRANT COUNTY DEED RECORDS; THENCE N 00 °52154' E, 199.21 FEET ALONG THE EASTERLY LINE OF SAID TAMPLIN TRACT TO A 5/8 INCH IRON PIN, FOUND, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN DEED TO RUTH SINGER GORDON AND RECORDED IN VOLUME 4695, PAGE 319, TARRANT COUNTY DEED RECORDS; THENCE S 88 °31'35" E, 412.95 FEET ALONG THE SOUTHERLY LINE OF SAID GORDON TRACT TO A 5/8 INCH IRON PIN, WITH CAP STAMPED "CARTER & BURGESS'% SET, BEING-THE SOUTHEASTERLY CORNER OF SAID GORDON TRACT, SAID PIN ALSO BEING ON THE WESTERLY RIGHT -OF -WAY LINE OF THE AFOREMENTIONED NORTH MAIN STREET; THENCE S 00 °29'47" W, 201.01 FEET ALONG SAID WESTERLY RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 1.90 ACRES OF LAND, MORE OR LESS. ORDINANCE NO. 770, PAGE THREE OF SEVEN EXHIBIT "A" Z.C. #421 (continued) TO ORDINANCE NO. 770 AREA "B" C -2 TO CUD.R -3 ZONING FOR INGRESS AND EGRESS Being a 0.305 -acre tract of land situated in the James P. Hallford Survey, Abstract No. 711, Tarrant County, Texas, said tract of land being a portion of that certain tract of land as described by deed to Marion F. Dooley and M. R. Cannon, as recorded in Volume 4531, Page 61, Tarrant County Deed Records, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron pin, with cap stamped "Carter & Burgess," found, the northeast corner of a tract of land as described by deed to Carl Stone, and recorded in Volume 5206, Page 673, said deed records, said point also being the southeast corner of 6.84 -acre tract of land as described by deed to R. W. Tamplin, Trustee, and recorded in Volume 7093, Page 208, said Deed Records, said point also being in the westerly right - of -way line of North Main Street (a 50 -foot wide public right -of -way), said point lying 1336.1 feet (plus or minus) north and 25.0 feet, (plus or minus) west of the southeast corner of said James.P. Hallford Survey; THENCE N 000 29' 47" E, 92.0 feet along the westerly line of said North Main Street to the most southeast corner of said tract of land, said point also being the POINT OF BEGINNING of the herein described tract, said point lying 1424.0 feet (plus or minus), north and 24.8 feet (plus or minus) west of the southeast corner of said James P. Hallford Survey; THENCE N 890 20' 35" W, 40.0 feet to the most northeast corner of said tract; THENCE West, 40.0 feet to a point; THENCE N 630 49' 25" W, 43.54 feet to a point; THENCE West, 306.52 feet to a point; THENCE S 810 59' 54" E, 28.74 feet to a point, said point being in a north -south tract line of said 6.84 -acre tract of land; THENCE S 000 25' 07" W, 26.0 feet to the most southwest corner of this tract; THENCE East, 323.20 feet to a point; THENCE S 540 20' 09" E, 50.09 feet to a point; THENCE East, 50.0 feet to the POINT OF BEGINNING and containing 0.305 acres of land, more or less. ORDINANCE NO. 770, PAGE FOUR OF SEVEN Z.C. 1/421 (continued) EXHIBIT "A" TO ORDINANCE NO. 770 AREA "C" CUD -R -3 TO C -2 ZONING Being a 0.187 -acre tract of land situated in the James P. Hallford Survey, Abstract No. 711, Tarrant County, Texas,'said tract of land being all of that certain tract of land as described by deed to Ruth Singer Gordon, as recorded in Volume 4695, Page 319, Tarrant County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron pin, with cap stamped "Carter & Burgess," the northeast corner of a tract of land as described by deed to Carl Stone, and recorded in Volume 5206, Page 673, said deed records, said point also being the southeast corner of a 6.84 -acre tract of land as described by deed to R. W. Tamplin, Trustee, and recorded in Volume 7093, Page 208, said Deed Records, said point also being in the westerly right -of -way line of North Main Street (a 50 -foot wide public right - of -way), said point lying 1336.1 feet (plus or minus) north and 25.0 feet (plus or minus) west of the southeast corner of said James. P. Hallford survey; THENCE N 000 29' 47" E, 18.46 feet along said westerly right -of- way line to a 5/8" iron pin with cap stamped "Carter & Burgess" set, being the northeast corner of this tract; THENCE S 890 20' 35" W, 414.0 feet to a 5/8" iron pin; THENCE S 000 25' 07" W, 18.0 feet to a point, said point also being in the southern boundary of that 6.84 -acre tract of land as described by deed to R. W. Tamplin, Trustee, and recorded in Volume 7093, Page 208, Tarrant County Deed Records; THENCE S 880 14' 40" E, 224.57 feet to a 5/8" iron pin; THENCE N 000 43' 45" E, 2.37 feet to a 5/8" iron pin; THENCE S 880 47' 25" E, 189.45 feet to the POINT OF BEGINNING and containing 0.187 acres of land, more or less. ORDINANCE NO. 770, PAGE FIVE OF SEVEN -a CD D� m � z �z x n m O T z O m G V mC) .'Z C) -06 DATE I REVISIONS L.D i Fil -83 REZONING EXHIBIT & A BOUNDARY SURVEY OF .29 ACRES OF LAND SITUATED IN THE JAMES P. HALLFORD SURVEY, ABSTRACT NO. 711, TARRANT CC, NTY, TEXAS AND BEING ALL OF THOSE CERTAIN TRACTS OF LAN's, AS DESCRIBED BY DEED TO RUTH SINGER GORDON, RECORDED IN VOLUME 4695, PAGE 319' JAMES H. DAVIS, RECORDED IN VOLUME 4258,PAGE 171; MARION F. DOOLE_Y AND M. RALPH CANNON, RECORDED IN VOLUME 4531, PAGE 61' R.W. TAMPLIN, TRUSTEE, AS RECORDED IN VOLUME 7093, PAGE 197, TARRANT COUNTY DEED RECORDS. ZONING CASE NO. 421 EXHIBIT "B" TO ORDINANCE NO. 770 PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 10th day of January, 1984, by a vote of 4 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 24th day of January, 1984, by a vote of ayes, 0 nays, and G abstentions. APPROVED: ATTEST: KA"W-44 ay R e ity , cr tary APPROVED AS TO FORM: Ai��/�Y/ APPROVED AS TO CONTENT: GAnnl�] James Knight, City ngineer ORDINANCE NO. 770, PAGE SEVEN OF SEVEN