480-299CITY OF SOUTItLAKE, TEXAS
ORDINANCE NO. 480-299
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
LEGALLY DESCRIBED AS THE SOUTHERN PORTION OF
TRACT lB1, SITUATED IN THE T. J. THOMPSON
SURVEY, ABSTRACT NO. 1502, AND BEING
APPROXIMATELY 1.26 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S-P-l" DETAILED SITE
PLAN DISTRICT WITH "C-2" LOCAL RETAIL DISTRICT
USES AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND
THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUq~IULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home role City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
L:£1I YDOCS',ORD/CASES 480 299 WPD
Page 1
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called
by the City Council did consider the following factors in making a determination as to whether
these changes should be granted or denied: safety of the motoring public and the pedestrians using
the thcilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
Page
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City: and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity fbr the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there
is a necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city
of Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas. passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being a portion of Tract lB1, situated in the T. J. Thompson Survey, Abstract No.
1502, and being approximately 1.26 acres, and more fully and completely
described in Exhibit "A" from "AG" Agricultural District to "S-P-1" Detailed Site
Plan District with "C-2" Local Retail District uses as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit "B", and subject to the
specific conditions established in the motion of the City Council and attached hereto
and incorporated herein as Exhibit
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City
of Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That 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 the general welfare of the community. They have been designed, with respect to both present
Page 4
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
aw~id undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete 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 buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
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 ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the //~
day of~,
I
ATTEST:
C i~1"~ ~]~CR~ETARy
PASSED AND APPROVED on the 2nd reading the ff.. day of~/)/~
~',~.-* . ..2~ ~..MAYbR
~ k i~ATTEST:
'~. -... ,-5,~ ~
-~,.4t.? ....... .~c3".4~ / . . ·
'"'",,.,,,'"'"
CITY SECRETARY
1999.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
ADOPTED:
EFFECTIVE:
Page 7
EXHIBIT "A"
BEING A TEAC1' OF L~ND OUT OF THE T,J. THOMPSON SURVEY, ABSTRACT NO. 1502. TA~RANT COUNlW', ~, AND BEING
A PORTION OF A ~ OF LAND AS OESCRIBED IN OEED RECOROED IN VOLUME 6589, PAGE 327, OEED RECORDS,
TARRANT COUN'rf. T~CA~. AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED IN THE EAST R.O.W. LINE OF DAVlS ~OULEVARO, FOR THE SO--ST CORNER OF
TRACT BEING DESCRIBED, SA~D POINT BEING LOCATED 7g.54 FEET NORTH O0 DEGREES 22 MINUTE~ GO SECONDS wEST
FROM THE SOUTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6589, PAGE 527;
TNENCE NORTH O00EGREES 22 MINUTES DO SECONDS WEST 405.00 ALONG THE EAST R.O.W. tJNE OF DAVl$ BOULEVARD
TO THE NORTHWEST CORNER OF' TRACT BEING DESCRIBED;
THENCE NORTH 8g DEGREES 25 MINUTES 37 SECONDS EAST 215.02 FEET TO THE NORTHEAST CORNER OF TRACT BEING
DESCRIBED;
THENCE SOUTH O0 DEGREES 21 MINUTES O0 SECONDS EAST 266.16 FEET TO THE SOUTHEAST CORNER OF TRACT
BEING DESCRIBED;
THENCE SOUTH 88 OECREES 05 MINUTES 59 SECONDS WEST 160.00 FEET TO THE MOST SOUTH SOUTHWEST CORNER
OF TRACT BEING DESCRIBED;
THENCE NORTH O0 DEGREES 22 MINUTES O0 SECONOS WEST 34.95 FEET;
THENCE NORTH 46 MINUTES 04 MINUTES 25 SECONDS WEST 27.93 FEET;
THENCE SOUTH 88 DEGREES 13 MINUTES 10 SECONDS WEST 35.02 FEET TO THE POINT OF 9EGINNING AND
CON/AJNING 54933.90 SQUARE FEET OF LAND, MORE OR LESS
EXHIBIT
P~ge 9
EXHIBIT "C"
Motion was madc to approve Ordimance No
' ' '~ .... ih~ [~[l~{y~ [o (wu 5' buffeua~s on eith~ ~i~ of
~t ail olher ~qu~nts o[ City u~i~nc~ for 'C-2.
Motion: Fawks
Councilrn~mher Martin m, u'~li4~n,~d whet..hcr or ,,,~l in Ih. nlnfian wa
imi~rvioui covcta8~ un Ih= siic ~ ~ht)wn. Counciim~m~r Fawns
mgg~ ~ ~ apphcam i~k at how muc~ oI a harOs~p it will
to m~t t~ ~iom~ coverage ~uiremenI, a~ then Cou~fl can re-
l~k at ii w~n t~ request is brou~t back for 2~ re~i~. Wi~ ~t
mi~. Coumilmcm~r Ma~ ~a/cd tha~ ~ would sup~_~ the
Approved:
Ma?.in
~.~.~ c..-~ c ................... Moffat, Stacy
t-4J
MINUTF~'~ Off" ('lit CO£'NCIL MEE'rI-ING. J.,ING'AR Y 19. 1999. I",IG'I-; 2.$ OF'
Page I0
EXHIBIT "C'
Motion was made to approve ZA 98-137, pursuant to Site Plan Review Summary No. 4, dated January
29. 199% and subject to previous motion ["subject to Review Summary No. 3, dated January 15, 1999,
deleting Items #la and #lb to allow the driveway spacings and 50' stacking as shown; amending Item
#2b to allow the relocation of the 5' bufferyards on Lots 4 & 5 to the outer edge of the Common Access
Easement for the length shown on the plan and limiting the underlying zoning (and uses) to "C-2, Local
Retail Commercial District" and requiting that the applicant meet the 70% impervious coverage required
by that district"] and granting a variance to allow up to, but not exceeding, a 10% variance on the
number of required parking spaces and acknowledging the applicant's commitment to meet the
impervious coverage requirement of 70% for C-2 properties, and to ensure that no development will
occur adjacent to and around the portal site to the edge of pavement as shown on plan.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Edmondson, Kendall, Stacy
Nays: None
Approved: 5-0 vote
Councilmember Moffat was out of the room and did not vote
MINUTES OF CITY COUNCIL MEETING, FEBRUARY 2, 1999
Page [ 1
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ADJACENT OWNERS
q~' -f AND ZgN~,NG,
25
Star-Telegram 1 CU; I.U. IVV. LL'J I fOLOV
AD ORDER NO. 144 19 823
•
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
THE STATE OF TEXAS
runty of Tarrant
before me, a Notary Public in and for said County and State, this day
personally appeared Tammie Bryant Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
7- DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTLINE RATE AMOUNT
1/22ME 14419823 NOTICE OF PUBLIC I358 1x 93L 93 QUOTE 75 . 33
NOTICE OF PUBLIC I D1/22-01/22
HEARING
NOTICE IS HEREBY GIVEN
to all interested persons that
the City Council of the City of
Southlake, Texas, will be
holding a public hearing dur-
ing the Regular City Council
Meeting to be held on Febru-
ary 2 1999 at 6:00 p.m.in
the City Council Chambers
of City Hall,667 North Car-
roll -- -
Avenue, Southlake, Tex-
as.
Purpose of the hearing is to
consider the second reading - - --- -- - -- --- -_
of the following o_rdinance:
CITY OF EXI S LAKE,
ORDINANCE NO.480-299
AN ORDINANCE AMENDING -- -
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS'
GRANTING A ZONING `'
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
Sll LAKE TETHE
XASCITY
BEING LEGAL SOUTH-
-SWORN TO BEFORE ME THIS THE 25thpAY OF JANUARY 1999
DESCRIBED AS THE
'
SOUTHERN PORTION OF
L
TRACTHET.J.1T MSIPSON IN R- / ,
THE T . THOMPSON NO.ON 1502, 2. ..'.. + RHONDA R. GOKE Notary Public n4.{`.-,I(,1,�„(/,(,(,
SUR-
VEY,ABSTRACT gip:`' •�4
AND BEING APPROXIMATE-
LY 1.23 ACRES,AND MORE •'• '• COMMISSION EXPIRES 1
FULLY AND COMPLETELY ;yy I
FROMSMRIBED AGRICIBITULTURAL
A Ii SEPTEMBER 1999 j TARRANT COUNTY,TEXAS
AG AGRICULTURAL y'r•......�•:t. 8,
DISTRICT TO "S-P I" DE- h,�oF,.
TAILED SITE PLAN DISTRICT' y. ,yw���������_
WITH UNDERLYING 'C-3'I
GENERAL COMMERCIAL DIS-
P ITNG USEOSNTI T S DEPIC - ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
RETAIL DISTRICT AS DEPICT-
PL ON THE APPROVED SITE N WITH YOUR PAYMENT TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION PLAN ATTACHED HERETO _----,
AND INCORPORATED HERE-
IN AS EXHIBIT B'.SUBJECT -
TO THE SPECIFIC REQUIRE-
MENTS CONTAINED
IN TWIG
S
ORDINANCE;
THE OFFICIAL ZONING MAP;•
PRESERVING ALL OTHER I
Zt(
PORTIONS OF THE ZONING I rain
ORDINANCE; DETERMINING
THAT THE PUBLIC INTER- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
EST, MORALS AND GENER-
AL WELFARE DEMAND THE
ZONING CHANGES AND
AMENDMENTS HEREIN ACCOUNT CI T 57 AMOUNT 75 .33
MADE PROVIDING THAT
THIS ORDINANCE SHALL BE NUMBER DUE
CUMULATIVE
PROVIDIN OF G A SEL VI-
ERABILIT'Y CLAUSE'PROVID- PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
OLATIONS PENALTY FOR ,HEREOF,.
PROVIDING A SAVINGSt
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
VIIAL DI GEANSEFFECTIVE DATE.
SECTION 7.
Any person, firm or corpora-
tion who violates, disobeys,
omits, neglects or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of.this ordi-1
nance shall be fined not
more than Two Thousand SOUTHLAKE
U T H L A K E
Dollars (S2,000.00) for
each offense.Each day that a violation is permittedROLL AVE to ex- PLEASE PAY
ist shall constitute a sepa1
-
rateoffense. E TX 76092-9595 THIS AMOUNT 75 , 33
City of Southlake
Sandra L.LeGrand
City Secretary
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22 3148254
AD ORDER NO. 14506263
•
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • ACCOUNT NO. C IT 57
THE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
•
2/D5ME 14506263 CITY OF SOUTHLAK I358 1x 81L 81 QUOTE 65 . 61
CITY OF SOUTHLAKE, 0 2/0 5-0 2/0 5
TEXAS
ORDINANCE NO.480-299
AN ORDINANCE AMENDING
AMENDED, HOE CO APRE
HENSIVE ZONING ORDI- - -------- -- --- - -
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS
GRANTING A ZONING`
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND ..--
WITHIN THE CITY OF SOUTH-
LAKE TEXAS BEING LEGAL-
LY DESCRIBED AS THE
SOUTHERN PORTION OF---
TRACT 1B1, SITUATED IN -
THE T.J. THOMPSON SUR-
VEY, ABSTRACT NO. 1502,
AND BEING APPROXIMATE-
LY 1.23 ACRES,AND MORE
FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT A" •
FROM 'AG' AGRICULTURAL
DISTRICT TO S-P-1' DE-
TAILED SITE PLAN DISTRICT
WITH C-2" LOCAL RETAIL S xi. c
DISTRICT USES AS DEPICT-
JD ON THE APPROVED SITE
PLAN ATTACHED HERETO
NASIEXHBII°B SU eECT) SWORN TO BEFORE ME, THIS THE 8th DAY OF FEBRUARY 1 9
TO THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS 0 _:-aY,t, ��'e'a'o"1 ts-16, 10-AA-Arf\-61--6--
, A/^'ORDINANCE; CORRECTING ♦ ••• °o!? �/[ JPRE OFFICIAL ZONING MAP' 14RHOE�'DA R. GOKENotary Public 'C •
PRESERVING ALL OTHER
;_` Sri
PORTIONS OF THE ZONING °•f COMMISSION EXPIRES
ORDINANCE; DETERMINING rv^ `ysy,� •.,,
THAT THE PUBLIC INTER- 4 �hIO•.. ,`.I+Q^f SEPTEMBER 8 1999
EST, MORALS AND GENER- ha s4r TARRANT COUNTY,TEXAS
AL WELFARE DEMAND THE d `„�„:ter'
ZONING CHANGES AND
AMENDMENTS HEREIN
MADE PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI- S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
1 NANCES PROVIDING A SEV-
ERABILII'Y CLAUSE'PROVID-
ING FOR A PENALTY FOR VI- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�*
OLATIONS HEREOF- L�
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR _---
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER'AND PRO-
VIDING AN EFFECTIVE DATE.1
SECTION 7.
Any person, firm or corpora-
1 tion who violates, disobeys,
too neg ts or rho es
re- ram
to comply with or who re- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not
more than Two Thousand ACCOUNT C I T 5 7 AMOUNT 65 . 61
Dollars (52,000.00) for NUMBER DUE
each offense.Each day that
a violation is permitted to ex-
ist shall constitute a sepa- '�
rate offense. PAGE-1 ac IF ANY QUESTIONS, PLEASE CALL(81 fp-788
PASSED AND APPROVED ON @@ g,� -�
THE 2ND DAY OF FEBRU- ��•/
ARY, 1999, DURING THE
REGULAR CITY COUNCIL I J/~ '\
MEETING.O
MAYOR RICK DSTACYL. ` `a.
ATTEST:SANDRA L. `�•
LEGRAND CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR..
- �� ..1`�-
CITY ATTORNEY
,,,....„,„
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76D92-9595 THIS AMOUNT 65 . 61
PLEASE WRITE IN AMOUNT ENCLOSED