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1998-061 Resolutioni Resolution No. 98-61 Page 1 RESOLUTION NO. 98-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE OF PLANTS OR OTHER GREENERY AS PART OF A RETAIL OPERATION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 1R3, BLOCK 1, KIMBALL/1709 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 2374, PLAT RECORDS, TARRANT COUNTY, TEXAS; A PORTION OF TRACT 1R3A, KIMBALL/1709 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; TRACTS 3133, 313313, 313313 1, AND A PORTION OF TRACTS 3132, 3133A1, AND 3133A SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525; LOTS 1C, 1D, IE, 213, AND A PORTION OF LOT 2A, W. E. MAYFIELD SUBDIVISION; AND A PORTION OF BLUEBONNET DRIVE; AND BEING APPROXIMATELY 14.8212 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outside storage of plants or other greenery as part of a retail operation has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (29) of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof, and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for for outside storage of plants or other greenery as part of a retail operation on the property being legally described as a portion of Lot 1R3, Block 1, Kimball/ 1709 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2374, Plat Records, Tarrant County, Texas; a portion of Resolution No. 98-61 Page 2 Tract 1R3A, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas; Tracts 3133, 313313, 3133131, and a portion of Tracts 3132, 3B3A1, and 3B3A situated in the Samuel Freeman Survey, Abstract No. 525; Lots 1 C, 1 D, 1 E, 213, and a portion of Lot 2A, W. E. Mayfield Subdivision; and a portion of Bluebonnet Drive; and being approximately 14.8212 acres, more fully and completely described in Exhibit "A", and as depicted on the approved site plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: Materials stored outside in the garden center shall not be stacked in excess of the height of the exterior walls of the garden center; and 2. No further outside storage / sales shall be allowed except that which is permitted within the walls of the garden center. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 1998. CITY OF SOUTHLAKE By. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: aex-ial'p City Attorney City of Southlake, Te s Resolution No.98-61 Page 3 EXHIBIT "A QOCRIPTION OF PROPOSED LOT SAOWE'S SITE SITUATED in the City of Sovthloke, Tarrant County, Texas and being a tract of land in the SAMUEL FREEMAN SURVEY, Abstract No. 525. and embrackV a pat of LOT IR -3. BLOCK 1. KIMBALL/1109 ADDITION. as shown on plat In Cabinet A. Slide 2374, of the Tarrant County Plat Records said Lot 1 R3 standing in the norne of Southiake Shopping Village, Ltd.. by vlrty* of deed recorded In Volume 11701. Pages 539 and W. of the Tarrant County Deed Records: pardons of TRACTS I and 2, W. E. MAYFIELD'S SUBDIVISION. as shown an plat in Volume 388.0. Pogo 4. of said Plat Retards, standing In the names of Four Mar Creek Associates by virtue of deed In Volume 8133, Page 1455. of sold Deed Records and deed to Cavollino Properties. Ltd_ recorded in Volume 12123, Popo 218, of sold Dead Records: a1 of that certain tract carsvoyed to Conner Lam by deed retarded in Volume 8024. Page 291: a portion of that certain tract conveyed to said Corner lam by deed recorded in Volume 7878. Pogo 2247, of said Deed Records a potion of that certain tract conveyed to Bluebonnet Road Partners. ltd- by deed recorded In Vokxrw 11942. Pages 571 and $78, of said Deed Records. parts of farmer Short Averue conveyed by the Slate of Texas as Tract 7-95 to said Conner Lam by deed recorded in Volume 12224. Fops $90, of said Deed Records, and as Tract 5-95 to said SoulNake Shopping Village. Ltd- by deed recorded In Volume 12166. Pogo 411, of said Deed Rocads: and a part of termer Bluebonnet Drive, and all being more fully described as fodows: BEGINNING al the mos! soulfserty southeast corrmw of sold Cavallno Properties portion of said Tract 1. W. E. Mayfwld's Subdivision and the southwest carrier of Lot IRI, Block 1, sold W. E. Mayftoki's Subdivision, as shown an plot t1wreof recorded in Cabinet A. Side 3447, of said Plot Records said point being In the nartMrly Fine of Southloke Bovievard (State F. M Highway No. 1709)(130 foot wide right -at - way). THENCE North 70 degroes 47 minutes. 10 seconds west with said north line of Sovthk** Boulevard crossing sold Tract 1. w. E. Mayfield Subdivision along the southerty 11me of sold Ccvcd&a Properties tract, crossing said Bl u sbonnet Drive, and continuing along the southerly One of said Bluebonnet Road Pa*xws tract In ad US.42 foot to the beginning of a curve whose center bean South 19 degrees 14 minutes West. 1974.84 Met THENCE North 19 degrees. 01 minute, 55 seconds East crossing said Bluebonnet Road Partners Uoct 65.66 foot. THENCE continuing across said Bk»bonnet Road PaA'wn Bract, across said Conner lam tact described In Volume 7818. Page 2247, across sold former Shat Avenue. and ocass said lot IR -3. North 13 degrees. 15 minutes 50 seconds West, 385.0 feet THENCE continuing ocrou said Lot 1 R-3. Nath 2 degrees, 19 minutes. 45 seconds East. 150-29 feet. THENCE continuing across sok! Lot 1R-3. Nath 87 degrees 40 minutes, 15 seconds west. 20.0 feet to an t' corner in sold Lot 1 R-3. and the tovthoast corner of lot I R-2. In sold Block 1. Kimbudl1709 AddttlM THENCE Narih 2 de9roos. 19 minutes 45 seconds East with the most easterly west line of said Lot IR -3 and the east One of said Lot IR -2, 172.77 feet to the Common north earner of said Loh 192-1R-3 in the south in* of that cattail tract conveyed M Gut Oi Corporation by deed recorded in Vakunso 7339, Pogo 77, of said Deed Records: THENCE North 88 dopeos 51 minutes 15 seconds East with the most northo ly north sine of said Lot 1" and said south ins of Gulf Oil tract. 234.58 feet to the northeast courser of sold lot IR -3 and The southeast toner of said Gulf 08 tract In the weshsty line of said farmer Short Avenue as described In said State of Texas Tract 51- 91S. sold point being on a cu've whose center boas North 74 degrees, 33 minutes. 27 seconds West. 904.93 fooF THENCE southerly with said curve along said westerty Che of farmer Short Avenue. a distance of 4.54 feet to the northeast cone, of said State of Texas tract 5-95: THENCE South 87 degroos. 33 minutes, 35 seconds Cast along the north One of sad State of Texas Tract 5-95, continuing with the north line of void State of Texas Tract 7-95. In ad 57.54 feet to to northeast corner of said Tract 7-95;n the west One of said Bluebonnet Drive: THENCE South 87 degrees. 01 minute, 50 seconds Cast, grossing said Bluebonnet Orlve. In ad 50.36 foot to the soutthwest comor of that certain troct conveyed to sold State of Texas by deed recorded In Vokxnhe 12854. Page 245. of said Deed Records in the east Nine of sold bluebonnet Drive: THENCE easterly with the south the of sold State of Texas tract described in Volume 12854. page 245. of said Deed Records. the following courses and (detentes: L:\COMDEV\WP-FILES\RES-ORD\98-61OUT.WPD Resolution No.98-61 Page 4 EXHIBIT "A" South 0 degrees O1 mlxrte. OS secce Eart along sold east Eno of MmAxw »t Drive. 14.57 foot to the souRhvrosf coma of add State of Teas tract: North 50 degrees. M Minutes. 55 seconds East. 28.62 feet South So depees to minutes. 05 seconds East. 122.116 feet South 87 degrees. 25 minutes 2S seconds East. 194.96 toot and Nash 86 degrees 11 mhutes 35 seconds East. 134.99 foot to the southeast coma of said Stafe of T*xm tact In the east One of soid Four icor Creek Associates portion of said Tracts 1 and 2 W. E. Mayfleld's Subdvislon and the west Ano of that ca k* toct eonwyed to Wabof Fomily Partnership. Ltd. by deed recorded in Voiums 10174, Pogo 471, of sold Deed Records THENCE South 0 degrex 13 ntkxstes 45 seconds West with east Ursa of saki Four Door Creek Associates paikx and with the west Arne of said Wottal Family Partnership 4oct. 57230 feet to the southeast corner of said Four Bear Creek portion and the northeast corner of sold Cavoprw Properties portion of said Tract 1. W. E. Mayfield's U*Kgvkbn of an angle pont in void west Ane of Wetzel tach THENCE South S dogroea S9 minutes 10 seconds East with the +act ine of said Cavalno portion and corlttrxsiV with the west bran of sold wetzei tact. 148.20 feet to the souR»ast corner of sold Covoft portion and a southwest cornea of said Wetzel tact at the northeast coma of said tot /R1. Dock 1. W. E. MayRoid's SubdM*on and the nor 1 west comer of Root ca doh incl conveyed to Harry E. Ealon and Charlotte J. Eaton TnAteos, by deed In Volurne 122" Page 1602 of said Deed Records; THENCE Nath 89 do¢ees. 47 MVr tel 55 swords West with 00 sMM Inc of said Cavalino PRopertles patios and the north ine of said lot 1R1. 206.33 foot to an 'L" corner In said Cavaiino Properlies pool not the northwest comer of said tat IRI; THENCE South 6 degrees 08 m %)ctw. 15 seconds West with the most southerly east lno of sdd Covalfrw Properties portion ctnd with the west Arne of said Lot Mi. 155.58 feet to the PLACE OF BEGINNING. and containing 14.8212 aces L:\COMDEV\WP-FILES\RES-ORD\98-61OUT.WPD Resolution No.98-61 Page 5 EXHIBIT •-B•' w_•_1-••_ • JABSO&V 7TYWy trr t 7nrwnosM #Y'w WIS MY.MO. 11 Im I y" IN I! '` II I ••.•p•I 1 I I 1jj/.], I: Ijj`,] j I 1 a a P.'1 r 11 IL I, ... 1j' 1 1111'1 1i ii;'1 1 . I.i •G' Q i II - I11 1^t I• I I 1,ij . .. llI1111• : !i ! 1,12 . P{:,1"11.111 Jill cn ; l vl jlL 1. L:\COMDEV\WP-F1LES\RES-0RD\98-61 OU1'. 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