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HomeMy WebLinkAboutOrdinance 18113-05-2008ORDINANCE NO. 18113-05-2008 AN ORDINANCE AMENDING ORDINANCE NO. 16441 TO REFLECT THE COP;RECT METES AND BOUNDS FOR ZONING CASE ZC-04-336; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND NAlVIING AN EFFECTIVE DATE WHEREAS, on May 17, 2005, the City Council approved a request in Case No. ZC-04-336 to rezone property in the Guadalupe Cardinas Survey, Abstract Number 214 in Denton County from "AG" Agricultural to "A-5" One Family Residential and "E" Neighborhood Commercial; WHEREAS, the metes and bounds as submitted contain a scrivener's error; WHEREAS, it is advisable to amend Ordinance No. 16441 with regard to Case No. ZC-04-336, only, in order to reflect the correct legal description; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. Ordinance No. 16441, an amendment to Ordinance 13896, is amended to correct the decision for Case No. ZC-04-336 to reflect the correct legal description, as follows: ZC-04-336 213.15 Ac. +/- West approximately 1 mile from the intersection of FM 156 & SH 114 Zoning Clian~e: From: "AG"Agricultural To: "A-S" One-Family Reside~atial Description: Tract 1: X 78.31 Ac. +/- ZC-04-336 Continued BEING all that tract of land in the City of Fort Worth, Denton County, Texas, a part of the GUADALUPE CARDINAS SURVEY, ABSTRACT No. 214, and being a part of that called 222.4838 acre tract of land conveyed to MAW River's Edge, L.P. as recorded in Clerk's Document Number 2005-11599, and being further described as follows: CONIlvlENCING at a one-half inch iron rod found at the southwest corner of said 222.4838 acre tract, said point being in an east line of a tract of land conveyed to Petrus Investment, L.P. as recorded in Clerk's Document Number 98-R117449, Denton County Deed Records, said point being in the north line of State Highway 114 (100 foot right-of- waY) THENCE North 00 degrees 26 minutes 15 seconds East, 572.49 feet with the west line of said 222.4838 acre tract and with an east line of said Petrus Investment tract to a point for corner and the POINT OF BEGINNING of this tract of land; THENCE North 00 degrees 26 minutes 15 seconds East, 1603.56 feet with the west line of said 222.4838 acre tract and with an east line of said Petrus Investment tract to a point for corner; THENCE North 44 degrees 29 minutes 09 seconds East, 843.65 feet to afive-eighths inch capped iron rod found for corner; THENCE North 45 degrees 00 minutes 06 seconds East, 889.89 feet to afive-eighths inch capped iron rod found for corner; THENCE North 44 degrees 59 minutes 54 seconds West, 50.00 feet to afive-eighths inch capped iron rod found for corner; THENCE North 45 degrees 00 minutes 06 seconds East, 27.61 feet to afive-eighths inch capped iron rod found for corner; THENCE Northeasterly, 1551.83 feet with a curve to the right having a central angle of 15 degrees 43 minutes 26 seconds, a radius of 5654.65 feet, a tangent of 780.82 feet, whose chord bears North 52 degrees 51 minutes 47 seconds East, 1546.95 feet to a five- eighths inch capped iron rod found for corner; THENCE South 29 degrees 16 minutes 30 seconds East, 25.00 feet to afive-eighths inch capped iron rod found for corner; THENCE Northeasterly, 250.58 feet with a curve to the right having a central angle of 02 degrees 33 minutes O1 seconds, a radius of 5629.65 feet, a tangent of 125.31 feet, whose chord bears North 62 degrees 02 minutes 53 seconds East, 250.56 feet to a one-half inch capped iron rod found for corner in the east line of said 222.4838 acre tract; 2 ZC-04-336 Continued THENCE with the east line of said 222.4838 acre tract as follows: South 00 degrees 02 minutes 17 seconds West, 596.93 feet to a point for corner; South 00 degrees 19 minutes 04 seconds West, 1759.29 feet to a point for corner; South 00 degrees 19 minutes 29 seconds West, 1583.46 feet to afive-eighths inch capped iron rod found at southeast corner of River's Edge, Phase 1, an addition to the City of Fort Worth as recorded in Cabinet X, Page 381, Denton County Plat Records; THENCE North 89 degrees 33 minutes 28 seconds West, 2664.57 feet to the POINT OF BEGINNING a~zd cozztaining 7, 767,384 square feet or 178.315 acres of land Zozzin~ Cltan~e: From: "AG"Agricultural To: "E" Neiglzborizood Commercial Description: Tract 2: 35.84 Ac. +/- BEING all that tract of land in the City of Fort Worth, Denton County, Texas, a part of the GUADALUPE CARDINAS SURVEY, ABSTRACT No. 214, and being a part of that called 222.4838 acre tract of land conveyed to MAW River's Edge, L.P. as recorded in Clerk's Document Number 2005-11599, and being further described as follows: BEGINNING at a one-half inch iron rod found at the southwest corner of said 222.4838 acre tract, said point being in an east line of a tract of land conveyed to Petrus Investment, L.P. as recorded in Clerk's Document Number 98-R117449, Denton County Deed Records, said point being in the north line of State Highway 114 (100 foot right-of- way); THENCE North 00 degrees 26 minutes 15 seconds East, 572.49 feet with the west line of said 222.4838 acre tract and with an east line of said Petrus Investment tract to a point for corner; THENCE South 89 degrees 33 minutes 28 seconds East, 2664.57 feet to afive-eighths inch capped iron rod found for corner in the east line of said 222.4838 acre tract, said point being in the west line of that tract of land conveyed to Russell Richard Lowe, Trustee as recorded in Volume 2766, Page 971, Denton County Deed Records, said point being the southeast corner of River's Edge, Phase 1, an addition to the City of Fort Worth as recorded in Cabinet X, Page 381, Denton County Plat Records; 3 ZC-04-336 Continued THENCE South 00 degrees 19 minutes 29 seconds West, 650.06 feet to a one-half inch iron rod found at the southeast corner of said 222.4838 acre tract, said point being in the north line of State Highway 114; THENCE with the south line of said 222.4838 acre tract and with the north line of State Highway 114 as follows: Northwesterly, 605.80 feet with a curve to the left having a central angle of 11 degrees 31 minutes 36 seconds, a radius of 3011.27 feet, a tangent of 303.93 feet, whose chord bears North 83 degrees 29 minutes 51 seconds West, 604.78 feet to a point for corner; and North 89 degrees 10 minutes 37 seconds West, 2064.51 feet, to the POINT OF BEGINNING and containing 1,561,222 square feet or 35.841 acres of land. SECTI®N 2. This ordinance corrects Ordinance No. 16441 with regard to Case No. ZC-04-336 only. SECTION 3. 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 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 a building and encouraging the most appropriate use of land throughout the community. 4 SECTION 4. Tlus ordinance shall be cumulative of all other ordinances of the City of Fort Worth 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 5. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No. 13896 or of any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTI®N 6. It is hereby declared to be the intention of the City Council 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 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 City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 5 SECTION 7. 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 more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Adopted ~ rMay 27, 2008 _ L:.I~C~fi tie.. vY~QJ ~ 6 C®ty ®f F®rt V6/®rth, 1"exas IVlayor and Council Communication a ~_ COUNCIL ACTION: Approved on 5/27/2008 -Ord. No. 18113-05-2008, 18114-05-2008, 18115- 05-200$, 18116-05-2008, & 18117-05-2008 r _ --o -- DATE: Tuesday, May 27, 2008 LOG NAME: 0620 CORRECT REFERENCE NO.: G-16161 SUBJECT: Adopt Ordinances Correcting Ordinance iVos. 16441, 17048, 17589, 17783, and 17873, in Order to Correct Addresses and Legal Descriptions from Previously Approved Zoning Cases RECOMMENDATION: It is recommended that the City Council adopt the attached ordinances correcting Ordinance No. 16441 to reflect the correct metes and bounds description of Zoning Case ZC-04-336, Ordinance No. 17048 to reflect the correct zoning and lot and block description of Zoning Case ZC-06-164, Ordinance No. 17589 to reflect the correct address description for Zoning Case ZC-07-084, Ordinance No. 17783 to reflect the correct metes and bounds description for Tracts 1 and 2 for Zoning Cases ZC-07-139 and ZC-07-153, and Ordinance No. 17873 to reflect the correct zoning lot and block information for Zoning Case ZC-07-164. DISCUSSION: On May 17, 2005, the City Council voted to approve a request to rezone property in the Guadalupe Cardinas Survey, Abstract No. 214 in Denton County, to "A-5" One Family Residential and "E" Neighborhood Commercial. Ordinance No. 16441 did not reflect the correct metes and bounds description. This property is located in COUNCIL DISTRICT 2. On July 26, 2006, the City Council voted to approve a request to rezone property at 4100 thru 4500 block of Ridgehaven Road and 4100 thru 4300 Block of Ridgehaven Court to "A-43" One Family Residential and "A- 2.5" One Family Residential. Ordinance No. 17048 did not reflect the correct zoning and lot and block description. This property is located in COUNCIL DISTRICT 3. On June 5, 2007, the City Council voted to approve a request to rezone property south of Altamesa Boulevard, east of Hulen Street, north of Willow Way, and west of Woodway to "A-7.5" and "A-10" One Family Residential. Ordinance No. 17589 did not reflect the correct address descriptions. This property is located in COUNCIL DISTRICT 6. On September 18, 2007, the City Council voted to approve a request to rezone property in the D. Odum Survey, Abstract No. 1184 in Tarrant County to "PD/1" Planned Development for "I" Light Industrial. Ordinance No. 17783 did not reflect the correct metes and bounds descriptions. This property is located in COUNCIL DISTRICT 2. On September 18, 2007, the City Council voted to approve a request to rezone property at 8700 and 8740 Harmon Road to "C" Medium Density Multifamily Residential and "G" Intensive Commercial. Ordinance No. Logname: 0620 CORRECT Page 1 of 2 17783 did not reflect the correct metes and bounds descriptions. This property is located in COUNCIL DISTRICT 2. On November 6, 2007, the City Council voted to approve a request to rezone property bounded by Interstate 30 to the north, Kentucky Avenue to the east, Allen Avenue to the south, and the Fort Worth Western Railroad to the west to "T4-N" Near Southside General Urban Neighborhood, "T4" Near Southside General Urban, "T5" Near Southside Urban Center and "T5-I" Near Southside Urban Center Institutional/Industrial. Ordinance No. 17873 did not reflect the correct zoning, lot and block descriptions, including Historical and Cultural overlays. This property is located in COUNCIL DISTRICTS 8 and 9. The ordinances correctly reflect the City Council's decisions and correct the errors. Due to the number of pages of the ordinances, copies will be available for review in the City Secretary's office and on the City of Fort Worth website. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that adoption of this ordinance will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (8042) Susan Alanis (8180) Lynn Jordan (2495) Logname: 0620 CORRECT Page 2 of 2