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1967-016 IA~ ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF IDENTON, TEXAS, 1961, ~ SAME WAS ADOPTED AS A PART ,OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 7, 8 AND 9 OF CITY BLOCK 446 AS SHOWN ON THE OFFICIAL CITY PLAT FILED IN THE CITY TAX ASSESSORS 'OFFICE, AND MORE PARTICULARLY DESCRIBED HEREIN, PRO- VIDING CERTAIN CONDITIONS, DECLARING AN EFFECTIVE DATE ,THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Zoning Map of the C~ty of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13,of the Code of Ordinances of the City of Denton, Texas, under the provisions of Ordinance No 61-19, be, and the same is hereby amended as follows Ail of the hereinafter second described property is hereby removed from t~e "R" - Dwelling Dlstrlct as shown on said map, and all provisions of Parts II and III of Chapter 13 of the Code of Ordinances ofthe City of Denton, Texas, as provided by Ordinance 61-19, shall hereafter apply to said property as "LB" - Local Busi- ness Dlstrlct in the same manner as other property lo- cated in the "LB" - Local Business Dlstrlct provided, however, as a condition precedent to the enactment of this ordinance, the current record owners of this des~ crlbed property, W H Hodgson and wife, Elaine B Hodgson, shall convey and transfer to the City of Den- ton, Texas, by Warranty Deed, the fee simple title to that tract or parcel of land being part of Block 3 of 'the Fry Addition to the City of Denton, Texas, and be- lng more particularly described as follows BEGINNING at a steel pin in the east line of Beaumont Street, 500 3 feet north of the no~th right-of-way line of State Highway 24, and 250 0 feet north of the north line of Henry Street, said beginning corner be- lng the northwest corner of a tract of land conveyed by Charles J Sandau, a single man, to W H Hodgson and wlfe, Elaine B Hodgson, by deed dated November 4, 1965, recorded in Volume 417, Page 185 of the Deed Records of Denton County, Texas, sa~d beginning corner also being called the northwest corner of Lot No 10 of Block 3 of the sa~d Fry Addlt~on, as surveyed and staked on the ground by Robert A Milliken, County Surveyor of Denton County, Texas, as set forth ~n sa~d deed, THENCE east along the north boundary line of Lot No 10, passing at 15 feet, to a point 4 inches north of a rail- road crosstle fence pest, same being the west end of a fence ~s ~t exists on the ground, continuing on sald course,%and passing at 148 feet to a railroad crosstle for a fence corner post, sa~d crosst~e being on the property l~ne, continuing on sa~d course, at a total d~stance of 150 feet, to a steel p~n driven ~n a north and south net wire fence with steel posts, for a north- east corner of Lot No 10, THENCE south along the east boundary l~ne of Lot No 10 a total dlstance of 46 0 feet to a point for a corner, THENCE west - northwesterly, a total d~stance of 151 29 feet, more or less, to a point for a corner ~n the west boundary line of Lot No 10, 26 0 feet south of sa~d northwest corner of Lot No 10, T~ENCE north along the west boundary line of Lot No 10, a total distance of 26 0 feet to the place of beginning, and contalnlng 5400 square feet of land, more or less The consideration for this conveyance to the City of Denton shall be the transfer in fee to W H Hodgson and w~fe, Elaine, one half of the ex~st~ng Henry Street which abutts Lot No 3 of the Fry Addition to the City of Denton, Texas, owned by W H Hodgson, and w~fe, Elaine same being a rect- angular area abutting the south s~de of said Hodgson tract a d~stance of 150 feet, and being in dimension 30 feet by 150 feet, or, if such portion of Henry Street is not olosed and available for transfer, then, in that event, the Clty of Denton w~ll Way W H Hodgson and w~fe, a purchase price of One Dollar Forty Cents ($1 40) per square foot, payable in cash, on or before the explratlon of three (3) years from the date of th~s ordinance, sa~d purchase price not to exceed Seven Thousand Five Hundred Sixty ($7,560 00) Dollars No Certificate of Occupancy w~ll be ~ssued prior to the fullf~lment of this property transfer to the C~ty of Denton, and the validity of th~s entire ordinance depends and ~s based upon the validity of this entire condition, such con- dlt~on being reasonable exercise of the Police Powers of the City of Denton, Texas The property being re-zoned from the "R" - Dwelling Dls%r~ct to "LB" - Local Business D~strlct as aforesaid ~s described as follows Ail of City Lots 7, 8 and 9 of City Block 446 as shown on the offlclal C~ty Plat filed in the off~ce of the C~ty of Denton Tax Assessor, lying and being s~tuated in the Clty of Denton, County of Denton, State of Texas, and being a part of the Robert Beaumont Survey, Abstract No 31, and being known as Lots 10 and 11 and the west half of Lot 12 of Block 3 of the Fry Addition to the City of Denton, Texas, as shown by plat recorded in Volume 75, Page 76 in the Deed Records of Denton Count, Texas (located on the north side of Henry Street and east of Beau~nt Street) SEC ON ~at the CIO Council of the City of Denton, Texas, hereby finds that such change and condition is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, and with reasonable consideration, among, other things, for the character of the District and for its peculiar suitability or partlcmlar uses, and with a view to conserving the value of buildings, protecting human lives, and encouraging He most appropriate uses of land for the ~xlmum benef,lt to the City of Denton and its c~tlzens SECTION II!~, That ~ls ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Co~lsslon and the Clty Council, after giving due notice thereof P~SED AND ~PROVED this 9th day of May, A D 1967 ATTEST ~B~ks Holt, Cl y Secretary City of Denton, Texas APPROVED ~S TO LEGAL FORM lt k Q Barton, C~ty Attorney y of Denton, Texas