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HomeMy WebLinkAbout1968 i E CONDITIONAL USE PERMIT STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: CITY OF DENTON WHEREAS, First National Bank of Denton, Texas, by its duly authorized attorney, Earl L. Coleman has applied to the City of Denton, Texas, under the provisions of Article 13.24 of Appendix B to the Code of Ordinances of the City of Denton, Texas, being Ordinance No. 61-19, for a Conditional Use Permit to construct and operate a parking lot for use by adjoining business, properly zoned for such use. upon certain property in the City of Denton, Texas, being locates in the (R) - Dwell- ing District under the terms of Ordinance No. 61-19, being the Zoning Ordinance, of the City of Denton, as contained in the said Appendix to the Code of the City of Denton, said property being hereinafter more particularly described; and t r WHEREAS, the Board of Adjustment, after receiving a favor- able report from the Planning and Zoning Commission, and after the required public hearing on the aforesaid application has been duly held, has agreed to grant said Conditional Use Permit subject to certain terms and conditions which are deemed ess- ential by the said board to preserve the integrity of the master plan of the City of Denton and to protect neighboring property; now therefore e The said First National Bank of Denton, for and in con- sideration of the granting by the Board of Adjustment of a Conditional Use Permit to construct a parking lot in the i;ity of Denton, Texas, on the property more fully describ^d below, does hereby bind itself, its successors, executors, administ- i rators and assigns to fully comply with all of the herinafter described terms and conditions for the use of said site as tong as such site shall be used for parking in connection with the First National Bank of Denton, and which site is more particul- arly described as follows: srirrr..re~.~rr City Lot 17 of City Block 453 as owned by said First t National Bank in the City of Denton, Denton County, Texas, also being the south 91 feet, varying, of d t 17, Block 28 of Carroll Park, Third filing, an ad tion to the City of Denton, Texas. The undersigned First National Bank, understands that without full and complete compliance on its part with the following terms and conditions the construction and operation of the said parking lot would otherwise be prohibited under the zoning ordinance of the City of Denton, and in order to secure said Conditional Use Permit to make such use of the aforesaid site, does hereby cc.enant that it wit fully and completely comply with the terms and conditions hereinafter mentioned, that this covenant shall run with the land and shall be :,finding ;:pon said First National Bank, its officers, successors, executors, administrators and assigns, that upon a breach of this covenant this Conditional Use Permit shall immediately and automatically become null and void and there- upon the aforesaid property shall once more become subject to the regulations applicable to property in the "R" - Dwelling District under the terms of the Zoning Ordinance of the City of Denton, Texas, without any right on the part of itself, its successors, executors, administrators or assigns to continue the use of said premises for parking purposes under the said terms and conditions as follows: 1. That all ordinances of the City of Denton and laws of the State of Texas, shall be complied with; f 2. There shall be no sales, dead storage, repair work, { dismantling or servicing of any kind in the said parking area; t 3. Entrance to the said parking area shall be made from Fulton Street and no entrance shall ever be provided for en- trance to the said parking area from Westway Street; 4. No parking shall be permitted beyond the property line of the said City Lot 17 and suitable barrier or other similar protection shall be installed to insure that no automobile shall project beyond the p+Acperty line into residential area; CONDIM NAL USE PERMIT - PAGE TWO f~~0 r . , 5. A shrubbery screen shall be maintained along the south and east property line of said lo', and all dead shrubs shall be replaced. 6. The said parking area shall be surface-treated with asphalt and the said surface shall meet the standard specifi- cations of the City of Denton for a 2-course penetration surface. This requirement shall be met within a reasonable time from the i beginning of operation of said parking area. 7. No advertising signs may be erected upon any part of said parking area. Lighting facilities, if provided, shall be so arranged as co be reflected away from any residentially zoned or used property. 9. That all drainage from and across said parking area shall be to the southerly and westerly directions, and shall not drain 1 to the lots located to the north or the east thereof. 10. All facilities to be constructed upon said parking area shall be completed on o:- before the 26th day of August, 1969. Nothing herein shall prejudice the right of the First National Bank, its successors, executors, administrators and assigns to apvl! for a zoning classification change on the afore- said site und,.r which commerrial parking, or auxilary parking may be permitted without such restrictions or conditions, and if such zoning change shall be granted and approved in the manner provided by law at any time in the future, this instrument shall become null and void and the aforesaid site shall be at such time released from the restrictions herein imposed. f WITNESS my hand at Denton, Texas, this 26th day of August, A. 0. 1968. FIRST NATIONAL BANK OF DENTON .r- BY Accepted and Conditional Use Permit granted this 26th day of August, A. D. 1968, by direction of the Board of Adjustment of the City of Denton, Texas. C~ CH IR4 , BOARD OF MVS_fM_E1TT CONDITIONAL USE PERMIT - PAGE THREE THE STATE OF TEXAS } COUNTY OF DENTON } BEFORE ME, the undersigned authority, on this day per sonally appearedâ–ş5U 1:1, / known to me to be the person an o cer pose- name s subscribed to the foregoing instrument, and acknowledged to me that he executed the in expressed, andain the capacityotherein stated ration there- r day GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 of V~,ay21 A. D. 1968. r~ otary Public in an or Denton County, Texas k i f THE STATE OF TEXAS } COUNTY OF DENTON } BEFORE ME, the undersigned authority, on~t~hairmanpof sonally appeared ) << 4 cI/ the Board of AdJustmen o t e C ty o Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the c.racity therein stated. d ay GIVEN U71DER MY HAND AND SEAL OF OFFICE this of A. D. 1968. ell c'!IC Notary ublic n an or Denton County, Texas CONDITIONAL USE PERMIT - PAGE FOUR 1 ,A _ ~ i