HomeMy WebLinkAboutOrdinance 0638
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ORDINANCE NO. 638
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE
WITH ARTICLE XXIX CHANGES AND AMENDMENTS,
SECTION 1 OF ORDINANCE 179, ZONING ORDINANCE
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
PASSED, APPROVED AND ADOPTED BY THE PLANNING
AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS, NOVEMBER
13, 1967, AS AMENDED JANUARY 27, 1975
AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS
SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE
PLANNING AND ZONING COMMISSION:
RESOLVED that on Case PZ 76-12 the following described property shall BE/N~xX~k
rezoned from Industrial to Industrial-Specific Use-Airport.
The following described tract or parcel of land situated in the T.K. Martin
Survey, A-1055, Tarrant County, Texas and being more particularly described
as follows:
BEGINNING at the Southwest corner of a 1.0 tract as recorded on Page 226 of
Volume 4511 in the Tarrant County Deed Records and also being in the North
line of Cardinal Lane;
THENCE West along the North line of said Cardinal Lane a distance of 402.4
feet to the Southeast corner of a 0.75 acre tract as recorded on Page 162 of
Volume 3404 in the Tarrant County Deed Records;
THENCE N 1 degree 55' W a distance of 430.44 feet to a point in the East line
of a 5.65 acre tract as recorded on Page 11 of Volume 3032 in the Tarrant
County Deed Records; said point being S 1 degree 551 E a distance of 305.79
feet from the Northeast corner of said 5.65 acre tract;
THENCE S 83 degrees 53' E a distance of 422.04 feet to a point in the West
line of said 1.0 acre tract; said point being S 0 degrees 251 W a distance of
47.63 feet from the Northwest corner of said 1.0 acre tract;
THENCE S 0 degrees 251 W along the West line of said 1.0 acre tract a distance
of 384.87 feet to place of beginning, containing 3.84 acres of land more or
less.
This property is located at Cardinal Lane north of the existing Mangham
Airport.
·
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26 DAY OF August
D ZONING COMMISSION
1976
MISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING
ŒN REGULAR SESSION T~AT THE ABOVE DESCRIBED PROPERTY IN CASE NO.PZ 76-12 IS HERE-
BY REZONED Industrlal - Specific Use - Airport
THIS 27th DAY OF September 1976.
· ATTEST:
·
APPROVED AS TO FORM AND LEGALITY
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CIT ATTORNEY
CITY OF NORTH RICHLAND HILLS
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MAYOR, T. . NEWMAN
CITY OF NORTH RICHLAND HILLS
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VOL 6124 p^~f.642
RESTRICTIVE COVENANT
STATE
OF TEXAS
x
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
WE, the undersigned owners of that certain real property
located in the City of North Richland Hills, Tarrant County, Texas,
described as follows:
A tract or parcel of land situated in the
T. K. Martin Survey, A-lOSS, Tarrant County,
Texas and being more particularly described
as follows:
BEGINNING in the North line of existing
Cardinal Lane and being N 890 53' 40" W
a distance of 38.0 feet from an iron rod at
the Southwest corner of a 1.0 acre tract
as conveyed by deed to Bobby Osborn as
recorded on page 226 of Volume 4511 in the
Tarrant County Deed Records;
THENCE N 890 53' 40" W along the North line
of said existing Cardinal Lane a distance
of 301.7 feet;
THENCE N 60 10' E a distance of 416.23 feet;
THENCE S 830 50' E a distance of 297.54 feet;
THENCE S 000 07' 30" W a distance of 361.13 feet
to PLACE OF BEGINNING, containing 2.755 acres
or 120,024 square feet of land more or less;
Said PROPERTY is also identified as PARCEL NO. 2
on EXHIBIT "A" which is attached hereto and made
a part hereof;
hereinafter referred to as "PROPERTY" for the purpose of restricting
the use of the "PROPERTY", and consideration of our mutual interests
as the owners of the PROPERTY, hereby covenant and agree with one
another that we, our heirs, executors, administrators, or assigns
will not ever design and construct a runway on the PROPERTY which ac-
comodates aircraft that exceed 10,500 pounds maximum gross weight,
and the PROPERTY which is the proposed paved runway extension to the
North of the existing paved taxiway of Mangham Airport will not ever
be extended to the North a distance which exceeds four hundred and
three tenths (400.3) feet North of the North right of way line of
the existing Cardinal Lane.
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VOL 6124 PA!:f64:3
The undersigned owners further agree that any taxiway,
apron, and/or aircraft parking ramp which are contiguous to the
PROPERTY shall be burdened with the restrictive covenant contained
herein.
Breach of such covenant shall be enforceable by the
City of North Richland Hills, Texas, its successors and assigns at
its option, by either specific performance, damages, or assessment
by the City of North Richland Hills, Texas for the reasonable cost
of curing such breach, against the said Troy M. Fuller, Trustee,
and William E. Pasteur, Trustee, jointly and severally, and their
heirs, devisees, legatees, executors, administrators and assigns,
and any such damages, including court costs and reasonable attorney's
fees, or any such assessment, shall be secured by a lien on all the
PROPERTY, which lien is hereby expressly granted.
We, the undersigned owners further agree to reconstruct,
at no cost to the City of North Richland Hills, Texas, the rerouting
of Cardinal Lane which is identified by heavy border on EXHIBIT "C"
which is attached hereto and made a part hereof.
In consideration of the covenants and agreements herein,
the City of North Richland Hills, Texas does hereby agree to close
that portion of Cardinal Lane which is identified as PARCELS NOS.
3, 4 and 5 on EXHIBIT "B" and is attached hereto and made a part
hereof. The closing of a part ion of Cardinal Lane, as described on
EXHIBIT "B" herein, shall not occur until the construction of the
rerouting of Cardinal Lane as described on EXHIBIT "C" herein is
completed. Immediately upon the completion of the construction of
the rerouting of Cardinal Lane as described herein and the closing
of a portion of Cardinal Lane as described herein, the City of North
Richland Hills, Texas shall vacate and deed to Len Jones that tract
of land which is described in EXHIBIT "D" which is attached hereto
and made a part hereof (and also identified as PARCEL NO. 3 on
EXHIBIT "B" herein), and shall vacate and deed to Bobby Osborn that
Page 2
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VOL 6124 PAŒ644
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tract of land which is described in EXHIBIT "E" which is attached hereto
and made a part hereof (and also identified as PARCEL NO. 5 on EXHIBIT
"B" herein), and shall vacate and deed to Troy M. Fuller, Trustee,
and William E. Pasteur, Trustee, that tract of land which is described
on EXHIBIT "F" which is attached hereto and made a part hereof (and
also identified as PARCEL NO.4 on EXHIBIT "B" herein).
Any deed, lease conveyance, or contract made in violation
of this agreement shall be void and may be set aside on petition
of one or more of the parties hereto, and all successors in interest,
heirs, executors, administrators, or assigns, shall be deemed parties
to the same effect as the original signers; and when such conveyance
or other instrument is set aside by decree of a court of competent
jurisdiction, all costs and all expenses of such proceedings shall
be taxed against the offending party or parties, it shall be declared
by the Court to constitute a lien against the real estate so wrong-
fully deeded, sold, leased, or conveyed, until paid, and such lien
may be enforced in such manner as the Court may order.
This agreement constitutes a mutual covenant running with
the land, and all successive future owners shall have the right to
envoke and enforce his/hers and/or its provisions as the original
signers hereof.
This agreement shall take effect and be in full force on
the date when all the owners of the PROPERTY have executed this
agreement and may then be placed on record. It shall continue in
force from the date of recording to January 1, 2000, at which time
this restrictive covenant shall terminate; however, this mutual cove-
nant running with the land shall terminate automatically in the event
the PROPERTY ever ceases to be used as an airport runway.
IN WITNESS WHEREOF, the parties have executed this agree-
ment on this, the 10 f day of , 1976.
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vOl6124 PAcr64ð
By~~8?Jdu
Tro M. FlIer Trustee
"ATTEST: '-
THE~ITY OF NORTH RICHLAND HILLS,
TEXAS
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THE STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned authority, on this day personally
appeared WILLIAM E. PASTEUR, TRUSTEE, known to me to be the person
whose ,name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
the~.êIp':'e,xpressed .
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G!'VÈN UNDER MY HAND AND SEAL OF OFFICE this
L/7 (fp-;~ri~~â¿ 1J , 1976.
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THE STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned authority, on this day personally
appeared TROY M. FULLER, TRUSTEE, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed.
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~GIVEN UþiDER MY HAND AND SEAL OF OFFICE this I a-I-
t...JJ!:1{[rrvt'-f.~~ , 197 6 .
Q¿u~l~(a~
Not~ty Public in and for
Ta~rant County, Texas
day
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THE STATE OF TEXAS X
COUNTY OF TARRANT X
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VOL6124 PA~r646
BEFORE ME, the undersigned authority, on this day personally
appeared ~:?U'~ tn¡~~ for the City of North
Richland ills, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said City.
SEAL OF OFFICE this ~ day
~.<Lh)07él~
No ary Public in and for
Tarrant County, Texas
(~, GIVEN/UNDER MY HAND AND
Of-L¡.IJ~~ , 1976.
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PARCJlJ THREE
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0.038 ACRE TRACT
rn THE
T. K. MARTIN SURVEY, A-1055
TARRANT COUNTY, TEXAS
The following described tract or parcel of land situated in
the T.K. Martin Survey, A-1055, Tarrant County, Texas and
being more particularly described as follows:
BEGrnNING at an iron rod at the Southeast corner of a 0.75 acre
tract as conveyed by deed to Len Jones as recorded on Page 162
of Volume 3404 in the Tarrant County Deed Records and being in
the North line of existing Cardinal Lane;
THENCE S 20 03' 50" E a distance of 25.01 feet;
THENCE N 890 53' 40" W a distance of 52.21 feet and being on
a curve having a radius of 60.0 feet;
THENCE Northwesterly along said curve and through a central
angle of 540 18' 59" a distance of 56.88 feet to the South
line of said 0.75 acre tract and also being the North line of said
existing Cardinal Lane;
THENCE S 890 53' 40" E along the South line of said 0.75 acre
tract and along the North line of said existing Cardinal Lane
a distance of 100.0 feet to place of beginning, containing
0.038 acre or 1654 square feet of land more or less.
EXHIBIT "D"
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PARCEl" FIVE
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0.025 ACRE TRACT
IN THE
T. K. MARTIN SURVEY, A-1055
TARRANT COUNTY, TEXAS
The following described tract or parcel of land situated in the
T.K. Martin Survey, A-1055, Tarrant County, Texas and being
more particularly described as follows:
BEGINNING at an iron rod at the Southwest corner of a 1.0 acre
tract as conveyed by deed to Bobby Osborn as recorded on Page 226
of Volume 4511 in the Tarrant County Deed Records and being in
the North line of existing Cardinal Lane;
THENCE S 890 53' 40" E along the South line of said 1.0 acre
tract and along the North line of existing Cardinal Lane a
distance of 48.79 feet and also being on a curve having a
radius of 60.0 feet;
THENCE Southwesterly along said curve and through a central
angle of 250 13' 15" a distance of 26.41 feet;
THENCE N 890 53' 40" W a distance of 40.97 feet;
THENCE N 00 07' 30" E a distance of 25.0 feet to place of
beginning, containing 0.025 acre or 1096 square feet of land
more or less.
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EXHIBIT "E"
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0.512 ACRE TRACT
IN THE
T. K. MARTIN SURVEY, A-I055
TARRANT COUNTY, TEXAS
The following described tract or parcel of land situated in
the T.K. Martin Survey, A-1055, Tarrant County, Texas and being
more particularly described as follows:
BIDINNING at an iron rod at the Southeast corner of a 0.75 acre
tract as conveyed by deed to Len Jones as recorded on Page 162
ôf Volume 3404 in the Tarrant County Deed Records and also being
in the North line of existing Cardinal Lane;
THENCE S 890 53' 40" E along the North line of said existing
Cardinal Lane a distance of 402.36 feet to the Southwest corner
of a 1.0 acre tract as conveyed to Bobby Osborn by deed recorded
on Page 226 of Volume 4511 in the Tarrant County Deed Records;
THEN,ÇE S 00 07' 30" W a distance of 25.0 feet;
THENCE S 890 53' 40" E a distance of 40.97 feet and being on
a curve having a radius of 60.0 feet;
THENCE Southeasterly along said curve and through a central
angle of 240 15' 05" a distance of 25.4 feet to the South line
of said existing Cardinal Lane;
THENCE N 890 53' 40" W along the South line of said existing
Cardinal Lane a distance of 487.38 feet and being on a curve
· having a radius of 60.0 feet;
THENCE Northwesterly along said curve and through a central
angle of 260 05' 30" a distance of 2:7.32 feet;
THENCE S 890 53' 40" E a distance of 52.21 feet;
THENCE N 20 03' 50" W a distance of 25.01 feet to place of
beginning, containing 0.512 acre or 22,284 square feet of land
more or less.
EXHIBIT
"F"
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vOl6124 PAff656
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Nov 11 C5 22 ~H '76
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MI' i ~fffilt* tIll. IlIItrument WIt FIlm .,...
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TO SEE EXHIBIT(S) TO
ORDINANCE:
PLEASE CONTACT
CITY SECRETARY'S
OFFICE / MUNICIPAL
RECORDS
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MANGHA
AIRPORT
EXHIBIT ''All
ELLIOTT a HUGHES INC.
engine.r. / planners
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PkOSED RELOCATION
OF CARDINAL LANE
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NOV 11 1978
E X H I BIT IIA"
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WANT AD INVOICE
(þ-tL.
(p$f
From The FORT WORTH STAR-TELEGRAM, Fort Worth, Texas
To
City of North Richland Hills
7301 N.E. Loop 820
FL. it v L Ll., l' eu.. c:t.5 76 1 1 8
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1 Times . . . . . . . .
$
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er~~Yc~1I H¡~. at U$. I
lar Y SCheclul meetJnQ ~
62 Lines
1 affidavit
How ordered: am & pm
49.60
1 .00
TOTAL... .50.60
r_rec·
PliI!ilIII
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on of
nt~k':
1055
f 't, ~'onof
rom 'a~¡fi'
Industr I
(¡¡tion . ...
Alr~rt.
fl:e ~~i9$1ìblri g l/;.'Y,~r
~~ks~=- ~t 51 Tarrant
~r.\~Úla?!~a:scrl J'O.~
W~MNNIN9..at the SOuthwest
cor~r of a,,¡p acg¡~t~~:;;
~Pfn~t~Ta ant nly¡m
~~r~s' II ~~~~~ÖZI ~~::nb t h
1ir:.E~t !f!" rdTnlllUne II ~s.
... Of 4 et to the so theast
c~ ... 5 r\~~ t~(.#~
co~ tf: .W'ant 'èòûnty Deed
~COrdS" ellar 55' Wm ells-
fiíence.. '"1 ~ to II nf In
tR.nce.eall~or.. .r.~G¡rN~~
Wrín .~~II nr~ ~ntY~:r¡¡:
.co II s~nce 0 ".?II. fe !t
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f,¡C ~tit,¡.,....... 53' E II ells-
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from the northMsf cornerõt .IIIld
fO s~'ur~titcÎeie~5' w ~
t~Wèst line of idl.r.lacre¡'{r'adof
adlst;caof3114. 7f .þap¡
begin fIG. conta nlfIG .84 acres
of lan rYíòre Or las$; Card!
~hl'~::rrty ~alr: ~xIŠUn9
~æ1h\;~~=a~ s
It. J~ane~e Moore
itv re ry
City of ort Ic\;'\and Hills
Date stñrt~d 9 - 1 - 76
To expire
9-1-76
Class No.
008
Signed:
Gene R. Dean
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