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Home My WebLink AboutOrdinance 0564 ORDINANCE NO. 564 AN OIWINANCE IEZONING PROPEFtTY IN ACCORDANCElJITH AlìTICLE XXIX CHANGES AND AL:ENDIiENTS, SECTION 1 OF OHDllJANCE 179, ZONING OlWTI'JANCE OF THE CITY OF NOHTI" RICHL.:"lJD HILLS, Tl'::XAS, PASSED, APhWVE.û AND ADOPTED BY THE PLANNING AND ZONING C01IHISSION AND THE CITY COUNCIL OF THE CITY OF NORTH HICHLAND HILLS, NOVEHBEB. 13, 1967 AF'l'.E:ll APPEOPRH.TE NOTICE AND PUBLIC HEAHING, THE FOLLOWING IlliCOllI'1.ENDATlON IS SUBlIITTED TO THE CITY COUNCIL OF THE CITY OF NOHTH RICHLAND HILLS BY THE PLl\.NNUJG AND ZONllJG C ŒlìISS ION : lillSOLVED that on Case PZ 74-46 rezoned from LOCAL RETAIL to PH.lí1~IS..E ..ÇONS UEPT IŒ~ the following described property shall DE/NOT BE LOCAL RETAIL-SPECIFIC USE-SALE OF BEER FOH OFF BEING a triangular tract out of the "\1. i/J. l,Iallace Survey, Abstract 1606, des cribed by metes and bounds as follows; BEGDJNDìJG at a point 107 feet South 00 degrees 07 L1Ïnutes East of the Northwest corner of the D.F. Forbes tract as recorded in Volume 2049, Page 587, Deed lìecords, Tarrant Count:;!, Texas, sa.id point being in the East line of the Old Smithfield Road; THENCE South 00 degrees 07 minutes East, 327.0 feet along the East side of said old Snithfield Hoad to a point of intersection v,rith the West line of 1"ar1'1 to Irarket Hoad 1938; THENCE Northeasterly along the l1est line of said Farm to lIarket Road #1938" 367 feet to the point of intersection of said Far:m to La.rket Hoad with the South line of a TESCO tract as recorded in VolUMe 2840, page 112, Deed Hecords, Tarrant County Texas; THENCE South 66 degrees l1;. rÜnutes 'vlest, 78 feet to the POINT OF BEGDJNING. This property is located at the intersection of Hoss Hoad and Davis Blvd. APPROìfED BY THE PLANNING AND ZONING C0l11IISSION THIS 26 DAY OF Si.FTDmE.r1 1974 SUBJECT TO ADDITIONAL COlmITION THAT THE PHOPERTY CONTINUE TO BE USED FOIt GHOCERIES AND FOOD SALES. IF & Hl-ŒN GROCERIES ARE DISCONTINUED LOCAL IŒTAIL, S.U. í[OUm llEVERT TO LOCAL RETAIL ONLY. ~~~~~ ·CHAIRMAN, PLANNING I'¡~ING CCI,MISSION ~I ~ 1JùL¿ SECRETARY, PLANNING AND ZONING COlITHSSION BE IT OIIDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH HICHLAND HILLS ACTnm IN Special SESSION THAT 'THE ABOVE DESCRIBED PROPEFtTY IN CASE NO. PZ 74-46 IJ Hill:ŒBY P~ONEDLocal Retail - S.U. Sale of Beer for Qff-Premises Consumption THIS 21st _DAY OF October 1974,subject to the herei nafter contai ned covenant. / ~{¡;ø~ NAYORU/d FAH/ùI CITY OF NORTH RICHLA1~ HILLS ATTEST: arJVYL¿~jt4u~· en'! SECRETAJ.'1.Y, ANNA lEE CAufSRý' CITY OF NORTH RICHLAND HILLS AP-,lOVED AS TO FORlI AND lEGALITY ~mJ~~ CITY OF lIDRTH RICI~\ND HILLS STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Calvin E. Stewart for Ten and no/l00 ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby covenant on behalf of itself, its successors and assigns, that if at anytime, the above described property is not used as a local retail outlet for the sale of groceries, that at such time or at any time thereafter, the City of North Richland Hills, Texas, or its successor, may rezone, without the consent of the said Calvin E. Stewart, his heirs, and assigns from "Local Retail Specific Use - Sale of Beer for Off-Premise Consumption" to any more restrictive classification, and the said Calvin E. Stewart, his heirs, and assigns, hereby waive any and all damages resulting solely from such rezoning. It is expressly herein provided that this covenant is intended to and sha 11 II run wi th the 1 and" above descri bed or any part thereof. Executed this 22nd day of October , 1974. ,//-·'7 C?"d /~6·-·~://· -~ ~alvin E. Stewart- ATTEST: Secretary ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared Calvin E. Stewart known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 22nd day of October A.D. 1974. thu~Þc?tUt ðAA'~/ Notary Public in and f~r-~rrant County, Texas My Commission Expires June 1, 1975 Anna Lee Caudry ?~ 7'Y-"/t. /1''1 ~ ".t1J k'Y' ~ 1£.-éJ;..v,rrJ Ilv ¡?8407 ¡jot . / A' I^'~ " ~,~:q' (7 Beine a tria~gular tract out of the W.~. WALLACE SUEVEY, Abst. if1C'JéJ, described by metes and· bounds as follo~s: BEGINNING at a point 107 feet South 00 deE:;rees - 07 minutes E3.st of the North'/¡est corner of the D.r. Forbes tract as recorde~ in Vol. 2049, Pß. 5-';7, Deed necor\.~s, Tarrant County, Texas, said point being in tLe ~ast line of the Old Smith- field no~d; T:Œ~;CE South 00 degrees - 07 minutes East" 327.0 feet along the East side of said Old Smithfield Road to a Doint of intersection with the West 1, f .,..... + '." 1 .,.., 1 "193~ lne 0 l' arm vO ,-¡:::.rKet l'~oaC ¡/ , ':); TdE:1C:::': lJortlleastcrly::llong the ~'¡est line of said Farm to I'~arl{et ~~o3d '¡l')Y~, 367 feet to the point of int ersection of said rdrm to j,larket Road ~d th the South line of a TESCQ tract as recorded in Vol. 2~40, PC. 112, Deed Records, Tarrant County"' Texas; THE~~CESouth 66 degrees - 14 minutes \'lest, 7~ feet to the POINi OF BEGnmING. ~ ~ ~ ~ ~ ~ '* ~~ ~ ~ ~~ ~ ~ \) ~ ~ f\. ~~ \3 ~ \~~ ~ ''.J ~ t'-. ~' ~ \J , ~ ~. \S \rì I J\ This plat was compiled from a previous survey. ÐAï'I:: p-26-7/, u i \ \ i \ t-i ì y I \ \ ! / 5c AL,£ .:.~-i.:.;Æ~ , ..~' ~.;l~:!¡ DT~~_.jL ~ 1.t\!: ~)c: K he;:'". fuLlic :;u:r'vc>,r 132C 1721 [:ÜtOr:1 rODe Fort iiortL, TeX2.13 7C:Ll7 ·gJ4-6~4J .. 'ft. ...'"'. 1 .~ -'> ...., Ý"" ,"" , . / .,' . ", ;·,:"-4,.-t::.c-J'lCc1- .......-..;. .'..",' ..,.~.,."'_.... A....-f, . ," . o ....... ' \..,,:. I j 2(, I Q {.,:....t' ,,'I JC'. \\ ,'·f....?' ~ 1 It. . ,': ~~"f" I .:.. ;, ',.,,'1" ~ . J "'-.,,~ oJ"'" ..... '"' 'M' LEGAL AF.t'IDA VIT THE STATE OF TEXAS: ATTACH LEGAL COpy KERE COUNTY OF TARRANT: Before me, the undersigned authority on this day personally appearedE1eanor Lewis known to me to be a credible person. who first being sworn, deposed and upon her oath said: That she is theBookkAep ~:t of the M:i d Cit.; p..!'I nai J J:, a newspaper News which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 10/2/14 That the attached is a true and correct copy of said notice as pub- Hshed on said date/s in said Mid Cities Daily News ~~. Sworn to and subscribed before me, this the 4th day of Nov:\ 191L County , Form -- 110 NOTICE OF púBLIC ·!iEARING , The City Council of the ·City of North Richland Hills, àt a specially called meeting October 21, 1974 will consi- der'the recommendation of The Plmng and. Zoning Commission inPZ· 74-46 to APPROVE the application of Càlvin Stewart to rezone the following. descri~d. property from its preserít classification. of LOCAL RETAIL. to' a proposed classificationóf LOCAL RETAIL-SPECIFIC USE- SALE OF BEER FOR OFF PREMISE CONSUMPTION To Wit: . BEING' à friangular. tract out· of the W.W. Wallace Survey, Abstraèt 1606, des- ' cribed. by metes and bounds as follows: BEGINNING at a point 107 feet·· South 00. degrees 07 minutes East of the Nor- thw~.tcorl1er of the D.F. Forbes tract as recorded in Volw,ne 2049,; Page 587, Deed Records,. Tarrant County, Texas,såid point being in the East line of the . Old Smithfield Rpad; ! THENCE..$outh'OO degrees 07 mìnutesEast, 327.0 feet .~4't:th~l:r ':..tt~i~ point of intersection .With the. West line of Farm ~ to Market Road #.1938; . THENCE, Northeasterly along the West line of §åid Farm to Market Róad # 1938,367 feet. to. the . point of intersection of said I Farm to Market Road with the South line of a TESCO tract as recorded Ù) Vol- ume 2840, Page 112, Deed ReèOrds, -Tarrant çotm.ty Texas; , TijENCKSouth 66 degrees 14 rpinutesWe~t, 78 feet to . the . POINT . OF BEGIN- NING. . This property is located at the intersection of Ross Róa'd and Davis Blvd. MAYOR, DJCK F.~AM CITY 'OF . NORTH RICHLAND HILLS ATTEST: CITY SECRETt\RY, Anna ):..ee . Caudry MCDN PN#8227 Pub. 16-2-74 '", ,ill