HomeMy WebLinkAboutResolution - 040 - Contract-William Cromer-Covenant Running, Land Lots 20-24 Block 16 Parks Add - 01/25/1979' LGB:hw
1 '
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
RESO - 40
1/25/79
THAT the Mayor of the City of Lubbock BE and is hereby authorized and dir-
ected to execute for and on behalf of the City of Lubbock a Contract to be
entered into by and between said City and William Cromer concerning a covenant
running with the land described as Lots 20 through 24, Block 16, Parks Addition
to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 25th day of January , 1978.
WEST, MAYOR
ATTEST:
E elyn-Gaffga, ity Se et r reasurer
APPROVED AS TO FORM:
Leon Bean, Assistant City Attorney
Return'to: City Secretary, P.. 0. Box 2000, Lubbock, 79457
3884
�ECC'fir
1N�Jc%
THE STATE OF TEXAS
COUNTY OF LUBBOCK ( CONTRACT
This Contract, made this 25th day of January
VOL1625 PACE'736
1979, by and between WILLIAM CROMER, First Party and the CITY
OF LUBBOCK, Second Party, WITNESSETH:
That First Party is the owner of Lots 20 through 24,
Block Sixteen (16), Parks Addition, City of Lubbock, Lubbock
County, Texas, and
That First Party presently operates a business on said
Lots 21 through 24 and desires to expand his business to
include the said Lot 20, and
That First Party has made application to the City of
Lubbock for the rezoning of said Lot 20 as reflected in
Ordinance No. 7771, now pending before the City Council of
the City of Lubbock, a copy of which is'attached hereto and
marked Exhibit "A" and made a part hereof by reference, NOW,
THEREFORE,
In order to remove certain objections to such rezoning,
First Party covenants that if the property is rezoned as
indicated in the attached ordinance, said Lots20through 24
will be developed in accordance with the site plan approved
by the City Council on November 9, 1978, subject to the
following amendments, restrictions, conditions and covenants
to said site plan:
1. Screening fences shall be constructed on
the west line of Lot 20, and on the north
lines of Lots 20 through 24. The screening
fences shall be of solid masonry construction.
Fences'constructed between any of Lots 20
through 24 and immediately adjoining residentially
zoned and occupied property shall be at least
.six (6) feet in heighth.
2. Amplified sound and outside loud speakers may
be located, constructed and maintained in any
reasonable manner so long as said sound and
speakers and the noise therefrom will not be
audible to owners and users of residentially
zoned and.occupied property to the extent
that such noise interferes unreasonably with
the quiet use and enjoyment of residentially
zoned and occupied property.
This Covenant authorized by Reso. #40 (1/25/79) is related to Ord. #7771, ZC 2207.
a
"
r �
3. The garbage collection.containers or dumps-
ters for the business shall be located in
such manner that storage and collection of
garbage will be accomplished on.the developed
site, and not the alleyway
This agreement is a restriction, condition and covenant
running with the land and a change and servitude thereon, and
shall bind First Party and his heirs, assigns and successors
in title. Any future conveyance of said Lots 20 through 24
shall contain this restriction, condition and covenant and
shall embody this agreement by express.reference.
The City of Lubbock may enforce this agreement by
injunction or any other legal or equitable remedy. The City
Council of the City of Lubbock may release the above restric-
tions, conditions and covenants in its discretion without the
consent of any third person who may be benefited thereby.
First Party is a sole proprietorship under the laws.of
the State of Texas and this agreement is executed by William
Cromer as First Party.
WITNESS THE FOLLOWING SIGNATURES AND SEALS:
ATTEST:
WILLIAM CROMER
CITY OF LUBBOCK
SEAV By
West, Mayor
ATTEST:
i,
velyn Ga fga, City
Secretary -Treasurer
APPROVED AS TO FORM:
G
hn C. Ross, Jr.
ity Attorney
PWJ/gb
0/11, r.Z/8
2 VOL1625 PACE 737
VOL I625 PACE 738
THE STATE OF TERAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this*day personally appeared DIRK WEST, known to me to be
the person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that he executed the same as the act and deed of the CITY OF
LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ d z day of
1979.
S EA
Notary blic, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared WILLIAM CROMER, 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 consider-
ation therein expressed.
'. -GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1979;
MAI rft.
Notary Public, Lubbock CoTinty, Texas
0
t3\L
R
LG13:hw ORDINANCE NO. 7771
i
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2207: CHANGE
LOT 20, BLOCK 16, PARKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS;'PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;'PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed change in zoning districts as hereinafter made has
been duly presented.to the Planning and Zoning Commission for its recommendation
which was received by the City Council and, after due consideration, the City
Council finds that making the proposed change as hereinafter set out will be
in the public interest; and,
WHEREAS, all conditions precedent required by law for a valid amendment
to the Zoning Ordinance and Map have been fully complied with, as well as
giving notices in compliance with Section 26 of Ordinance No. 7084, as well as
notices provided by Article 1011f, Vernon's Annotated Civil Statutes, amended
in 1961, and notice was duly published in the Lubbock Morning Avalanche -
Journal more than fifteen (15) days prior to the date of the public hearing
before the City Council on such proposed amendment, and the public hearing
according to said notice was duly held in the City Council Room on the second
floor of the City Hall, Lubbock, Texas, at which time persons appeared in
support of the proposal; and, after said hearing, it was by the City Council
determined that it would be in the public interest, due to changed conditions,
that the Zoning Ordinance and the Zoning Map be amended in the manner here-
inafter set forth in the body of this Ordinance and this Ordinance having been.
introduced prior to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to -wit:
ZONE CASE NO. 2207
Change Lot 20, Block 16, Parks Addition, City of Lubbock, Lubbock County,
Texas, from R-1 to C-4 zoning district.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That development be in accordance with the site plan approved by
the City Council on November 9, 1978.
2. Screening fences shall be constructed.on the west line of Lot 20,
and on the north lines of Lots 20 through 24. The screening fences
shall be of solid masonry construction. Fences constructed between
I any of Lots 20 through 24 and immediately adjoining residentially
I zoned and occupied property shall be at least six (6) feet in height.
3. Amplified sound and outside loud speakers may be located, constructed
and maintained in any reasonable manner so long as said sound and
speakers and the noise therefrom will not be audible to owners and
users of residentially zoned and occupied property to the extent
that such noise interferes unreasonably with the quiet use and
enjoyment of residentially zoned and occupied property.
I
VOL1625 Pw 739
Reso. #40 w/covenant which runs with the land - 1/25/79
r VOL 6?5 PACE T40
4. The garbage collection containers or dumpsters for the business shall
be located in such manner that storage and collection of garbage will
be accomplished on the developed site, and not the alleyway.
SECTION 2. THAT from and after passage and effective date of this Ordinance
said lots, tracts and parcels of land described in Section 1 hereof shall be
changed to the zoning district indicated and the Official Map is amended.in
accordance herewith.
SECTION 3. THAT violation of any provisions of this ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
provided in Section 1-5 of the City Code.
SECTION 4. THAT should any section, paragraph, sentence, clause, phrase
or word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication)
of the descriptive caption of this Ordinance as an alternative method provided
by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 90 -day of November , 197LS.
,Passed by the City Council on second reading this25t1ay of January 1979.
i
f D WEST, MAYOR
ATTEST: I
i
E lye Gaffga, Eitq Secret rT surer
APPROVED AS TO CONTENT:
A AA;1 *1
rrel Northcutt, Admi strator
ping and Environmental Control
APPROVED AS TO FORM:
44 - �W4
Leon G..Bean, Asst. City Attorney
FILED
FEB 14 9 27 AH'19
�1Q1S4'IK.r� � �Stl'C'�C�$fl!"tY3yt�t7URS
t A / E OF TEXAS
COUNTY OF LUBBOCK ,
1 hereby certify that MTs Inshument was f9p w �
date and al IM tZme ramped Iwreoo f t ms and DS ��
RECORDED In tba Volume and Paps of the RECORDS dtubboek arronMyi Jaaas as stamped hereon by ask.
FEB 14 1979
v �
PW
UPIPOM COMTE "M
LGB:hw ORDINANCE NO. 7771
AN ORDINANCE AMENDING,ZONING ORDINANCE N4. 7084 'AND THE'OFFICIAL MAP OF THE
CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING;CHANGE: :ZONE CASE N0.:2207: CHANGE
LOT 20, BLOCK 16, PARKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY
j AS PROVIDED FOR IN SECTION ,I-5.OF THE ,CITY CODE;.PROVIDING A:SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION...,
WHEREAS, the -proposed change in zoning districts as hereinafter made has
tbeen duly presented to the Planning and Zoning Commission for its recommendation
which was'received.by -the City;Council and, after due consideration,,the City
Council:,finds,.;that making the proposed:change as hereinafter'.set out -will be
in ;the public interest; and,
WHEREAS,,all.conditions precedent required bylaw -for a valid -amendment
to the -Zoning Ordinance and Map have been fully-complied-with;''s w. -complied -with -''
giving notices,,in compliance with Section.26 of Ordinance.No. 7084, As well as
notices provided by Article 1011f, Vernon's Annotated Civil Statutes, amended
in 1961,, and notice was 4uly pub.lished-in the.Lubbock Morning Avalanche
Journal .more :than,fifteen.(15) days prior.to the date of=the public -"hearing
before the City Council on such proposed amendment, and the public hearing
according to said notice was duly held in the City Council Room on the second
floor of the City Hall, Lubbock,i Texas, at,which.time persons appeared in
support of the proposal; and, after said hearing, it was by the City Council
determined that it would-be in the public interest; due to.changed,-conditions,
that,, the, Zoning -Ordinance ,and the' Zoning Map be amended in the' manner.. •here-
inafter set forth in the body of this'Ordinance and this Ordinance having been
introduced prior to first reading hereof; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'L_UBBOCK
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the }_same are hereby amended as follows, to -wit:
w ZONE,.CASEYNO. 2207
Change Lot 20" Block*16, Parks Addition, City of Lubbock, Lubbock County,
I Texas, fromR-l.to. C-4 zoning district.
SUBJECT TO -THE FOLLOWING CONDITIONS:
rr ;That_ devemlopmen.v, be 1n, accordance with the site plan approved by
.,.,,,the. ,City: Council.` on November 9, 1978.
2, ,Scrpening•fences shall be constructed.on the west line of Lot 20,
and on the north lines of Lots 20 through 24. The screening fences
i shall be of solid masonry construction. Fences constructed between
any of Lots 20 through 24 and immediately adjoining residentially
zoned,and occupied property shall be at least six (6) feet in height.
3. Amplified sound and outside loud speakers may be located, constructed
and maintained in any reasonable manner so long as said sound and
speakers and the noise therefrom will not be audible to owners and f
users of residentially zoned and occupied property to the extent
that such noise interferes unreasonably with the quiet use and
_} enjoyment of residentially zoned and occupied property.
i
I�
Reso. #40 w/covenant which runs with the land - 1/25/79 �i
jI
l 4. The garbage collection containers or dumpsters for the business shall
be located in such manner that storage and collection of garbage will
be accomplished on the developed site, and not the alleyway.
SECTION 2. THAT from and after passage and effective date of this Ordinance
said lots, tracts and parcels of land described in Section 1 hereof shall be
changed to the zoning district indicated and the Official Map is amended•in
accordance herewith.
I
SECTION 3. THAT violation of any provisions of this ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
Iprovided in Section 1-5 of the.City Code.
SECTION 4. THAT should an
y section paragraph, sentence, clause, phrase
or word of this.Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided
by law.
i
AND IT IS SO ORDERED.
Passed by the City Council on first reading.this 9th3ay of November , 19719.
Passed by the City Council on second reading this25Wny of January , 1979.
t U
r D WEST, MAYOR
ATTEST: '
t
E lyn Gaffga, Ci Secretary11
T surer
APPROVED AS TO CONTENT:
rrel Northcutt, Admi strator
�Zbning and Environmental Control -
APPROVED AS TO FORM:
i
Leon G. Bean, Asst. City Attorney
ti I
t
No Text
No Text