HomeMy WebLinkAboutOrdinance 0639
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ORDINANCE NO. 639
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 76-13 the following described property shallBEhNQQx~
rezoned from Industrial to Industrial-Specific Use-Airport.
The following described tract or parcel of land situated in the L.C. Walker
Survey, A-1652 and in the T.K. Martin Survey, A-1055, Tarrant County, Texas and
being a portion of a 128.72 acre tract as recorded on Page 141 of Volume 5451 in
the Tarrant County Deed Records and being more particularly described as follows:
BEGINNING at the Southeast corner of said 128.72 acre tract;
THENCE N 0 degrees 521 W a distance of 1255.4 feet;
THENCE N 0 degrees 141 E along the West line of Cardinal Lane a distance of
1140.9 feet to the beginning of a circular curve to the left having a radius of
232.54 feet;
THENCE Northwesterly along said curve and along the West line of said Cardinal
Lane a distance of 364.9 feet;
THENCE S 89 degrees 51 I 30" W along the South line of said Cardinal Lane a
distance of 905.6 feet;
THENCE N 87 degrees 011 W a distance of 292.52 feet;
THENCE S 0 degrees 111 E along a line 220.0 feet East of and parallel to the
West line of said 128.72 acre tract, a distance of 2663.92 feet to the South
line of said 128.72 acre tract;
THENCE N 89 degrees 091 E along the South line of said 128.72 acre tract a
distance of 1434.93 feet to place of beginning, containing 86.18 acres of land
more or less.
This property is the existing Mangham Airport..
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APPROVED BY THE PLANNING AND ZONING COMMISSION THIS~DAY OF AUGUST
1976
.t' p~~ ~M~i!SSION
ND ZONING COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING
IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO PZ 76-13 IS
HEREBY REZONED Industrial Specific Use Airport
THIS 27th DAY OF September 1976.
Q :::£' ~"//:>nd.-J
MAYOR, T.E'. EWMAN
CITY OF NORTH RICHLAND HILLS
ATTEST:
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C , SECRETARY, JEANETTE MOORE
ctty OF NORTH RICHLAND HILLS
CITY ATTORN
CITY OF NORTH RICHLAND HILLS
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vOl6124 PAGF,635
RESTRICTIVE COVENANT
STATE
OF TEXAS
x
X
X
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 and in the L. C.
Walker Survey, A-1652, Tarrant County, Texas
and being a portion of a 128.72 acre tract as
recorded in a Warranty Deed on page 141 of
Volume 5451 in the Tarrant County Deed Records
and being more particularly described as follows:
BEGINNING S 89° IS' W a distance of 969.83 feet
from an iron rod at the Southeast corner of said
128.72 acre tract;
THENCE S 89° IS' W a distance of 302.2 feet;
THENCE N 6° 10' E a distance of 2664.49 feet
to the South line of existing Cardinal Lane;
THENCE 589° 53' 4011 E along the South line
of said existing Cardinal Lane a distance
of 301.7 feet;
THENCE S 6° 10' W a distance of 2659.94 feet
to PLACE OF BEGINNING, containing 18.335 acres
or 798,690 square feet of land more or less;
Said property is also identified as PARCEL NO. 1
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, in consideration of our mutual interest
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
accomodates aircraft that exceed 10,500 pounds maximum gross weight.
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.
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vOl6124 PAf:f636
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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.
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 a decree of a court
of competent jurisdiction, all costs and all expenses of such pro-
ceedings shall be taxed against the offending party or parties, and
shall be declared by the Court to constitute a lien against the
real property so wrongfully 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 same 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 agree-
ment 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 covenant
running with the land shall automatically terminate in the event
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vOl6124 P/,f:r 637
the PROPERTY is no longer used for the purpose of an airport
runway.
this
IN
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WITNESS WHEREOF, the parties
day of 0 Æ1~JyJ~/J
have executed this agreement
, 1976.
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('.A'l'T,EST :.
BY~Ør~
Troy . Fu e
L NORTH
THE CITY OF/BrCHLAND HrLLS'~~
By,. ~~ é. 7Jh~4.
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'. y Sec·:t¡ tary
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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
therein expressed.
~.jr.:/.. G~VEN UNDER MY HAND AND SEAL OF OFFICE this
of'.~;?" / CLùJ::!/(I..-·I_¿c/ , 1976.
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C)i¿:t/~~~~
No~ary Public in and for
Tafrant County, Texas
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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.
Y-ì . _ GIVEN/U~DER MY HAND AND SEAL OF OFFICE this /~/ day of
L cØz.<-e·~U{~J , 1976.
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VOL 6124 PAGF. 638
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THE STATE OF TEXAS X
COUNTY OF TARRANT X
B undersigned authority, on this day personally
appeared , for THE CITY OF
NORTH RIC AND HILLS, 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.
of
~~t~MY ~A~~7~~D SEAL OF OFFrCE this 3J
day
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Tarrant County, Texas
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TO SEE EXHIBIT(S) TO
ORDINANCE:
PLEASE CONTACT
CITY SECRETARY'S
OFFICE / MUNICIPAL
RECORDS
WANT AD INVOICE
d/td. ú3Q
From The FORT WORTH STAR-TELEGRAM, Fort Worth, Texas
To
n? Lines
1 affidavit
How ordered:
Date stñrtAd 9 - 1 -76
City
7301
Ft.
of North Richland Hills
N.E. Loop 820
WULt.h, 'l't::,X.cI.::;
'16152
1 Times . . . . . . .. $ 4 9 . 60
1 .00
am and pm TOTAL.50.60
To expire
9-1-76
Class No.
008Signed: Gene R. Dean
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!'U.r8r~~:ING
The City Council of the City of
¡rth Riehl .HiU~t ~r.!lou,
erl y sched mae tam-
r 27. '976 C 11$1 ( ,f.!IC¡'
om ,tl\ePJa no
~ ZOnt ISSI~ In -7~
to a ~
ngham ~ 0
rezone the f 'n~
O )\!rty fro ~ e nèt
Wcation of M~d.USPrí. .,' .....
~sed class ftcation of 11-
.s~, It1fie . se.Alrpol1".' .
~ following dIIscrll~d t~<IC'I or
"reel of lana sUllale In t Ie 1..C.
alker Sur~A'16 e8d 'Lthe
. K. Mitrtlft. riley -" 55, Tar·
rant Count, sand bØil\ll a
portion of X µ ¡,t aire 'Vliet as
t'm~g,~'t r~r.J~:nty~
fiëeords a';llti:ina mor~rtieu-
\r~I~tm.~rN~ r t~~IISout'heast
f~ner~sal}ic .72i1C~t~ctci
nE~ofE1~5 .n::f;S5' a Is·
IfH~NCc lit ~weeJ'4' calor!
~~\~~~t ~nMòJì~\~ ~nebe_
plnning of a cirJuJar '2urlle \0 the
't'U~v¿~ ~oartW'~t~¡r aY~i
~'dcurve and along the we.a
ine of said ,Cardinal Lane a dis-
n~~~E~48~ feet· "w
along the ~rdi'
rm~~~~ e rees l~ a
dlstj!n~ of 292.52 ~eetl·.
:' THEN E SO de rees" alon
\ a line 2 0.0 feet ~ast of a;J~raP.
lei to the West line of s"IJI·72
; acre tract..~~cIIstanee 0 .92
feetto the .......h line of.sal 1 72
fJ'M~;N 89 degrees 09' E
along the ~h line õf saJd U8.ij
f;¡~ t1[~.~~\st=I~~nl. ~òn.
taining K:;.18 acres õf lan3 mQre
!/!'..I/ess. '
, MJ¡S ~r~rty I'. tile ...lsUng
£MO~~Hr WMAN
NORTH Rif~ 0 HILLS
CITY~E tARY
JEAN~'[(f OORÉ
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