HomeMy WebLinkAboutOrdinance 0591
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ORDINANCE NO. 591
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 75-12 the following described property shall BE~~
rezoned from Commercial to Commercial Specific Use - Sale of Beer for off
Premises Consumption subject to the execution of a covenant to run wìth the land
per the attached:
Lot 2, Block 1, Smithfield Addition
This property is located on Davis Blvd. at East Main Streetin Smithfield.
APPROVEO BY THE PLANNING AND ZONING COMMI~ THIS 27 MY OF . MARCH. 1975
r;e ~)~' ~aN~NG \Io-ztlli~l~šš¡o~~" \
S RETARY, PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING
IN REGULAR SESSION THAT THE ABOVE DEXCRIBED PROPERTY IN CASE NO PZ 75-12 IS HERE-
BY REZONED Commercial Specific Use-Sale of Beer THIS 12thDAY OF May 1975
for Off Premises Consumption ~ .
~{~ DICK FA
CITY OF NORTH RICHLAND HILLS
ATTEST: ~
~A?U~ ~RETARY,~
CITY OF NORTH RICHLAND HILLS
APPROVED AS TO FORM AND LEGALITY
~~~~/(/
CITY OF NORTH RICHLAND HILLS
COVENANT TO RUN WITH THE 1A}ID
-----
THE STATE OF TEXAS
x
r
X
KNm.¡ ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
!FAT in consideration of TEN AND NO/lOO ($10.00) DOLLARS to the
undersigned in hand paid by the City of North Richland Hills, Texas, the receipt
and sufficiency of which is hereby acknm,71edged, the undersigned "property owner"
agrees and covenants with the City as follows:
In the event the gross receipts from the sale of groceries at the location
hereinafter described declines to less than 60% of the gross receipts from the
sale of groceries and beer at such location, and continues at such level for
a period of over 60 days, then in that event "Property Owner" agrees and
covenants for itself, its successors and assigns, that the City may on its own
motion revoke the special use permit for sale of beer for off premises con-
sumption by zoning the property as "Commercial" only, and in such event, to
waive any and all damages resulting from the fact of such zoning change.
" ~
Property owner hereby affirms that he/she/it/they is/are the legal
owner(s) of the property described below.
Property owner agrees to pay court costs and the City's reasonable
attorney fees in the event it becomes necessary to employ an attorney to enforce
the covenants contained herein.
The property to which the herein contained covenant(s) shall apply,
which covenant(s) is/are intended to ~ with the land and be binding on the
heirs, executors, devisees, legatees, and assigns of "property owner" is
described as follows:
1975.
ALL that lot, tract and parcel of land situated and
lying in Tarrant County, Texas, described legally as
Lot 2 Block 1 Smithfield
Addition to the City of
North Richland Hills, Tarrant County, Texas.
IN WITNESS whereof Ilwe have set my hand (s) this I;!! day of ~;/
QUICKWAY SHOPPING, INC.
BY: 'w~,_.-to 0 \h""\l9-".~..
PROPERTY OWNER \j
PROPERTY OWNER
~,....~"~~ '''.~'--''.'''''''~'",'.-.....,.
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STATE OF TEXAS I
COUNTY OF TARRANT I
BEFORE ME, the undersigned authority on this date personally
appeared \;if d ~ \ C\~ ~._ Gv M Vo~r ' known to me,
and acknowledged to me that he had executed the above and foregoing
instrument for the purposes and consideration therein expressed and that
he executed same as the act of such corporation and in the capacity
shown above.
W~~~~
PROPERTY OWNER ~ ~
SWORN TO AND SUBSCRIBED BEFORE ME this
II
day of /VI AY
1975.
cl)k~,t .kC-l4UL
NOTARY PUBLIC, Tarrant County,dTexas
My Commission Expires: June 1, 1975
Notary's Name Printed: \.{!t/\//V'¡6 L. ß~I?(~'-ßJY
~.~. ..__.."'~--
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARRANT:
Before me, the undersigned authority on this day personally
appeared Eleanor Lewi A known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
That she is theBookkeeper of the Mid Cities Daily, a newspaper
News
which has been regularly and continuously published and of general
circulatiob in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the
attached 18281 Notice
and that he caused said notice to be
published in said newspaper on the following date/so 4/9/75
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said
Mid Citi.es Daily News
f~~
Sworn to and subscribed before me, this the.lœday of-k,
19 75-
County ,
, , /
NOTiCE '. .OFPUBLIC
"fJEARING
'l'heqtYCóí1tlcì1 Qt tbeCity
of North Ric,.land ,HUls; at
its regwarly·· Scheduled
meeting April 28" 1975. lwill
. consider the .recommenda·
_ tion of the Plannil1$ and
. Zoning Có1nmission· m PZ
75~12 to APPªqV~tþeap-
plication of QWenay Shoi!~
i'infl. Inc. .to rezone the fol-
lOWIng (fescribedproperty
~r:nm ~s=r~~~ca~
proposedclassifjcatlonof '
Commercial Specific U~
Sal~ of. Beer (or OF,F
PrêmisesÇonsumption. . .
To Wit: BEING apot;tion of
Block 1, of. a'revision . of
pal't$ of Block 1<&. L of the .
T~ ot Smithfield.'te~s (
Now is NofthRichland
Hills ) aceordiDgto' plat
recôrded in Volume ·388-16,
Page.579, Deed Records of
Tarrant County, ,TeJas, .and
being more particularly
described' as . follows:., BE-. '
GINN.INGªt.the $o.~t
comer of said Block 1,. in
the &asterly R.O.W. linëof
State 'F. .M., High.' way-No.
1938; THENCE North 3 de- i
~ ,06 minutes East 175.9
feet ._~th the Easterly ,
R.O.W. line of said.High~
way; . 'rIŒ:NCE . . Sotith86
Deg}'ees 'S4minutes .~st
1()O.O feet;, THENCE. so.uth
~~';:St~am~rsU1W:~
SQuth Une()f said Bløi:k 1 ;
THENCESoUth$$ ðeJrtèes
26 minutes weSt 1~,~! f~t
with the Southline of said
Block 1to' the Place of Be..
~rÔperty.iSIOCâtedon
Davisævd. ..East'Main
St, inSmitbftelð. . .
·PICI(FA.1Û:M;.*~(jR
CITY OF ·Norrt'Jiruça-
". ..·.....LAffl'J;HiLLs
RumPINNER~jA~
ÇIT"V'.S~'f"'RY., ..
C1'fYØFN($.'J'aRICH·
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.PU~:4I9l1f' ., .... .'
Form -- 110