0161-028ORDINANCE NO. 1 61 -28
AN ORDINANCE AMENDING ORDINANCE
No. 1 61 OF THE CITY OF SOUTHLAKE
BY AMENDING THE ZONING CLASSIFI-
CATION OF SEVENTY-EIGHT AND ONE
HALF ACRES OF LAND, MORE OR LESS,
OUT OF THE RICHARD EADS SURVEY,
ABSTRACT NO. 481, FROM AG (AGRI-
CULTURE) DISTRICT TO H (HEAVY
COMMERCIAL) DISTRICT.
WHEREAS, after receipt of request for change of zoning,
notice given to applicable property owners of public hearing,
notice of public hearing published, and public hearing having
been conducted, all in compliance with Ordinance No. 161 of
the City of Southlake, Texas,
NOW, THEREFORE,
Be it ordained by the City Council of the City of South-
lake, Texas:
SECTION 1. The certain Ordinance No. 161 passed by the City
Council of the City of Southlake, Texas, January 7, 1969, and
being the "Comprehensive Zoning Ordinance" is hereby amended
insofar as the seventy-eight and one half acres of land, more
or less, owned by Western Hatcheries, Inc., out of the Richard
Eads Survey, Abstract No. 481, Tarrant County, Texas, more
particularly described by metes and bounds as follows:
BEGINNING at the center of the Northern
boundary line of the E 3!~ of the S 3!* of
said Eads Survey;
THENCE S 950.4 varas, a stake in the center
of the S line of said 160 acre tract;
THENCE W 475.2 varas, a stake, the SW corner
of said 160 acre tract;
THENCE N 950.4 varas to the NW corner of
said 160 acre tract;
THENCE E 475.2 varas to the place of begin-
ning, containing 80 acres of land, more or
less, being the 80 acre tract in the Eads
Survey conveyed by the Farmers National
Bank, Grapevine, Texas, to Grant Rutter,
by deed dated February 25, 1930, recorded
in Vol. 1120, Pages 171 and 172, Deed
Records, Tarrant County, Texas, save and
except 13!~ acres of land, more or less
conveyed by Grant Rutter et ux, Minnie
Rutter, to W. P. Ragsdale, by Deed dated
January 3, 1931, of record in Vol. 1128,
Page 29, Deed Records of Tarrant County,
Texas, and also less that portion of said
80 acre tract in State Highway 114 des-
cribed in Quit-claim Deed from Farmers
National Bank, Grapevine, Texas, to John
J. Simmons and T. M. Cullum, Trustees,
of record in Vol. 1054, Page 285, Deed
Records of Tarrant County, Texas, and also
that one acre of land out of the Richard
Eads Survey, Tarrant County, Texas, des-
cribed as follows:
BEGINNING at a stake 1222 feet N and 30
feet E of the SW corner of the said Richard
Eads Survey, said corner being also the
SW corner of a tract of land deeded to John
C. McDonald and Wife, by Grant Rutter and
wife on October 4, 1945, by deed recorded
in Vol. 1736, Page 241, of the Deed Records
of Tarrant County, Texas;
THENCE E 208.71 feet, a stake;
THENCE S 208.71 feet, a stake;
THENCE W 208.71 feet, a stake;
THENCE N 208.71 feet, to place of beginning
I
is changed from its prior zoning classification of Ag (Agri-
culture) District to a zoning classification of H (Heavy Commercial)
District.
SECTION 2. The official Zoning Map created by said Ordinance
No. 161 is hereby amended to reflect the change in zoning clas-
sification made by this Ordinance.
-2-
SECTION 3. The said Ordinance No. 161, except as amended by
this Ordinance No. 1 61 -28 and prior ordinance amendments,
remains in effect in all other respects as originally passed.
This ordinance shall take effect upon its passage.
PASSED this 2nd day of December, A.D. 1969.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Atto ey
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SEP-16-71 i o 4 s 61 A 0 3.50
CONTRACT FOR DEED OF EASEMENT FOR
STREET PURPOSES
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT )
THIS CONTRACT AGREEMENT ENTERED INTO BY AND BETWEEN/WESTERN
HATCHERIES OF DALLAS, INC., a Texas Corporation, hereinafter some-
times referred to as the OWNER, and THITY OF SOUTHLAKE, Texas,
hereinafter sometimes referred to as CITY, on this the a 9~ day of
19 71
W I T N E S S E T H•
WHEREAS, the CITY and the OWNER are both desirou's of hav-
ing property adjacent to and fronting on State of=Texas Highway
No. 114, widened or securing the widening of said Road, and securing
the benefits therefrom:
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN the
CITY and the OWNER, as follows:
r
1. The OWNER in consideration of the benefits accruing
by reason of the construction, improvement and/or widening of said
Highway No. 114, agrees to convey to CITY OF SOUTHLAKE, TEXAS, or
its designee, the land necessary for the right of way to widen, im-
prove or build said Highway No. 114 by the conveyance of a sixty
(60) foot strip along and fronting said Highway No. 114 as specifi-
tally described as follows:
BEING a tract or parcel of land out of the
Richard Eads Survey, Abstract No. 481,, situated
in the City of Southlake, Tarrant County, Texas,
and also being conveyed by Western Hatcheries of
Dallas, Inc. to John Erhard by deed, as recorded
in Volume 47374, Page 400, of the Deed Records of
Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING in the center of Carroll School Road
(50 foot Right of Way), said point also being 25
feet from the Northwest corner of the Richard Eads
Survey;
THENCE Easterly, 25 feet to a point on the
East Right of Way line of Carroll School Road,
said point also being the Northwest corner of the
Richard Eads Survey;
.140 1
SEP-16-71 10 4 5 5 9 A WO
DEDICATION DEED
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT )
THAT 4STERN HATCHERIES OF DALLAS, INC., by and through
its President, JOE FECHTEL, of the County of Dallas, State of
Texas, Grantor herein, for and in consideration of the sum of
TEN AND N01100 ($10.00) DOLLARS and OTHER GOOD AND VALUABLE
CONSIDERATION to said WESTERN HATCHERIES OF DALLAS, INC.,.-,in
hand paid by THE CITY OF SOUTHLAKE, Grantee, receipt of which
is hereby acknowledged and confessed, has dedicated and set aside
and does by these presents dedicate and set aside unto the said
~ITY OF SOUTHLAKE, subject, however, to the reservations herein-
after setout, the following described property, to-wit:
BEING a tract or parcel of land out of
the Richard Eads Survey, Abstract No. 481, situated
in the City of Southlake, Tarrant County, Texas,
and also being conveyed by Western Hatcheries of
Dallas, Inc. to John Erhard by deed, as recorded
in Volume 47374, page 400, of the Deed Records
of Tarrant County, Texas and being more particulary
described as follows:
COMMENCING in the center of Carrot School
Road (50 foot R.O.W.), said point also being` `
25 feet from the Northwest corner of,the Richard
Eads Survey;
THENCE Southerly, along the centerline of said
Carroll School Road, 326.7 feet;
THENCE Easterly, 25 feet to the East R.O.W. line
of said Carroll School Road, said point also being
the POINT OF BEGINNING:
THENCE Easterly, 25 feet;
THENCE Southerly, 2313.3 feet to a point on
the North line of Farm Road 1709;
THENCE Westerly along said North line of
Farm Road 1709, 25 feet;
THENCE Northerly, 2313.3 feet to the POINT OF
BEGINNING and containing 1.328 acres of land.
2~0
von 1 r
PAGE M .
The above described strip of land is set aside for future
street purposes and it is understood by the parties hereto that this
is a dedication for street purposes only and if not used for said
purpose in ten (10) years by Grantee, shall revert back to Grantor.
This dedication shall be binding upon the heirs, administrators,
executors, successors and assigns of the parties hereto.
EXECUTED this the day of 19
WESTERN HATCHERIES OF DALLAS, INC.
BY
E FECHTEL - President
Grantor
THE CITY OF SOUTHLAKE
BY : L?J!~f~
Grantee
THE STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned, a Notary Public in and for said County and
State,on this day personally appeared JOE FECHTEL, known to me to be
the person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of the said
WES'T'ERN HATCHERIES OF DALLAS, INC., a corporation, and that he executed
the same as the act of the said WESTERN HATCHERIES OF DALLAS, INC., a
e,orpora-tion, for-the purposes and consideration therein expresse , and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ay of
THE STATE OF TEXAS )
COUNTY OF TARRANT ) -
BEFORE ME, the undersigned, a Notary Public in and for said County
and State, on this day personally appeared
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 THE CITY OF SOUTHLAKE, a municipality, and that he exe-
cuted the same as the act of THE CITY OF SOUTHLAKE, for the purposes
and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisday of
'19-_•
c _
NOTARY PUBLIC AND FOR
TARRANT COUN TEXAS
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DALLAS COUNTY, TEXAS
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THENCE Noeth 890 59' East, continuing along
said North line of the Richard Eads Survey, a
distance of 1006.45 feet to a point on the
existing Right of Way of State Highway 114, said
point also being the PLACE OF BEGINNING;
THENCE South 480 11' East, 171.55 feet to the
point of curvature of a curve to the left;
THENCE continuing along said curve to the left
having a radius of 5839.58 feet, a. central angle
of 00 02' 10", and a distance of 3.69 feet;
THENCE South 040 49' West, 62.2 feet;
THENCE Northerly, along a curve to the Right,
having a radius of 5889.58 feet, a central angle
of 00 24' 05", for a distance of 41.26 feet to
the point of tangency;
THENCE North 480 11' West, 227.41 feet to a
point on the North line of the Joe Eads Survey;
THENCE North 890 59' East 74.97 feet to the
PLACE OF BEGINNING and containing .2546 acres of
land.
2. The OWNER agrees to and does hereby release the CITY
or its designee, from any and all damages occasioned by the use of
said tract for highway and public road purposes.
3. The OWNER agrees to deliver to the CITY a Deed of De-
dication at any time during a period of ten (10) years from this
date upon the request of the CITY for such a deed for the heretofore
described sixty (60) foot frontage tract.
4. The parties hereto do further mutually agree that should
the State of Texas bring condemnation proceedings for widening
Highway 114 at any time in the future, and during the term of this
contract, that the OWNER, WESTERN HATCHERIES OF DALLAS, INC., shall
be entitled to the full proceeds, award or monies for the condemned
land.
WITNESS our hands on the date written above.
WESTERN HATCHERIES OF DALLAS,, INC . , a
Texas Co orati
BY:
J CHTEL - President OWNER
THE CITY OF SOUTHLAKE, Texas
BY
'CITY
2 -
THE STATE OF TEXAS )
COUNTY OF DALLAS )
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared JOE FECHTEL, 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 WESTERN HATCHERIES OF DALLAS, INC., a corporation, and that
he executed the same as the act of the said WESTERN HATCHERIES OF
DALLAS, INC., a corporation, for the purposes and consideration there-
in expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this'~?9 -day of
19
NOTARY POBLIC IN~AN-b FORUCI
DALLAS COUNTY, T E X A S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
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 THE CITY OF SOUTHLAKE, a
municipality, and that he executed the same as the act of THE CITY
OF SOUTHLAKE, for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisy-SZJ day of
NOTARY PUBLIC IN FOR
TARRANT COUNTY, E X A S
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