HomeMy WebLinkAboutResolution - 011460J - Release/Waiver - Southmoor Addition Property Owners - Lots 1-6, Block 1 - 01/14/1960ti
THES TATE OF TEXAS
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LUNTY OF LUBBOCK
R E S O L U T I O N
Whereas by dedication deed dated February 24, 1939, certain
restrictions were placed on the property in Southmoor Addition to
the City of Lubbock, Lubbock County, Texas, which restrictions
included the following:
(a).That said property is restricted to residential pur-
poses only;
(b) That no building or any part thereof shall be put
closer than 25 feet to the front property line;
(c) That no building containing less than 800 square
feet of floor space shall be built upon any lot in said
addition; and
Whereas the City of Lubbock is the owner of certain property
in Southmoor Addition, and by virtue of such ownership may have the
right to enforce said restrictions against all other property in
Southmoor Addition; and
Whereas the owners.of Lots 1 through 6. Block 1, Southmoor
Addition, have requested the City of Lubbock, through its proper
agents, to execute a release and waiver of the above listed
restrictions insofar as they affect the said Lots 1 through 6. Block
1, Southmoor Addition; and
Whereas said owners have exhibited to the City Commission
releases and waivers signed by 82 persons owning property in South-
moor Addition, and have further exhibited evidence in the change
of character of the area surrounding said six lots from a residen-
tial character to a commercial character;
NOV12, THEREFORE, the City Commission of the City of Lubbock,
acting at its regular meeting of January 14, 19600 does hereby
authorize the City Secretary to execute a release and waiver of
the above listed restrictions from Lots 1, 2, 3, 4, 5 and 6, Block
1, Southmoor Addition to the City of Lubbock.
Passed and approved by unanimous vi,nnisBaker.
e City Commission t s the
14th day of January 1960.
Mayor
ATTE : City of Lubbock, Texas.
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City SecretarV—TreasureiF
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A.RE D QUILLIAM. JR.
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ATTORNEY AT LAW
psTHOLZVII iIIILDIIQO 1002 AVSMi7S O
LUBBOCK. TEXAS
January 6, 1960
Mr. H. P. Clifton
City Manager
City Hall
916 Texas Avenue
Lubbock, Texas
Dear Mr. Clifton,
PO=zz 5-8700
Please consider this my request to have placed upon the City
Commission's agenda for their meeting on January 140 1960, the
request for resolution attached hereto as Exhibit A."
To give you some background on this matter, I submit the following
information. I represent the owners of six lots in Southmoor
Addition. These six lots abut 34th Street, and are between "J"
and "K" on the South side of the street. The lots are all in
Block 1 of Southmoor, and the owners thereof are as follows:
Lot 1 -
Lot 2 -
Lot 3 -
Lot 4 -
Lot 5 -
Lot 6 -
Kenneth, Jarmon, and Mrs. Minnie Lee Rutherford
Mrs. Tommie Lee Rhody
C. D. Tapp and wife Ethel
R. F. Boozer and wife Nina
Mamie Odelpha Fields
Thurman Frost and wife Evelyn
Southmoor Addition is only a block and a half wide from East to
West, and is four blocks deep from North to South. My clients have
been completely surrounded by business development. Family Park
shopping center is in the adjoining block to the East. A number of
business establishments are in the same block across the street.
And, of course, the traffic on 34th Street has made my.clients'
property very undesirable for besidential use. My clients' proper-
ty has been zoned "C-3" for some time, being the only lots in
Southmoor so zoned (the remainder being "R-311)•
Southmoor Addition was dedicated in 1939 by G. W. Knowles and wife,
Nola C. Knowles. The property comprising the addition was the
separate property of G. W. Knowles. The dedication deed contained
certain restrictions on the property in the addition, primary among
these being one limiting use of the property to residential pur-
poses, and provided for reverter to the grantors in case of breach
of any of the restrictions. Thereafter, G. W. Knowles and Nola C.
Knowles were divorced, and subsequent to that G. W. Knowles released
the right of reverter.
There was no specific provision in the dedication deed giving the
owners of property in Southmoor Addition the right to enjoin viola-
tions of the restrictions therein, but the authoritative cases in
Texas have held that even without such a provision in the dedication
deed the property owners have a right to enforce the restrictions.
Mr. H. P. Clifton
January 6, 1960
Page 2
The theory behind these cases is that if the property owners
purchased their lots, relying on the fact that the addition was
restricted in a certain manner, they thus obtain the right to
enforce the restrictions.
Thus, in order for the restrictions to be removed from the lots
belonging to my clients, it is necessary that we obtain a release
or waiver of the restrictions as to my clients' lots from all the
other property owners in the addition. Failing in this, we must
get. a judgment against any property owners not signing the release,
taking away their right to enforce the restrictions against my
clients' lots on the basis of "changed conditions in and around the
addition."
The City of Lubbock owns Lots 7 and 8 in Block 4, and Lot 6 in
Block 5of Southmoor. The City purchased these lots in order to
widen 36th Street (they all abut 38th), and actually only a por-
tion of each of the lots remains, the rest having been used in the
widening. Thus the City, like other Southmoor property owners,
has the right to enforce the restrictions against my clients' proper-
ty.
It was necessary for me to obtain 88 individual signatures in
addition to the City on the release of the restridtions. Of these
I have obtained 84. Three of the remaining four signatures needed
are from some heirs who each own an undivided 1/16 interest in
Lot 5, Block 5 (38th and "K"), I. e. they collectively own a 3/16
Interest in one lot. I have not been able to run these heirs down
yet. The other signature that I need is from Mrs. Theresa brae
Sneed, who owns Lot 6, Block 4 (38th and "J"), who simply doesntt
understand what it is all about, doesn't want to understand, and
who says "I'll sign if the City signs." Thus, the only persons
who have not signed the release^.are owners of lots at least four
blocks away from my clientst property.
I will appear at the City Commission hearing on behalf of my
clients, and will appreciate your letting me know approximately
what time to appear. At that time I will have with me, and
available for examination by the Commission, the following:
(1) a plat of Southmoor Addition; (2) A'list of Southmoor Addi-
tion property owners certified to by Lubbock Abstract Company;
(3) Signed releases from all of the owners with the exceptions
noted above.
Thank you for your consideration in this matter.
Yours very truly.,
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W. Reed Quilliam, Jr.
W
EXHIBIT "A"
REQUEST . FOR RES OLUT ION
It is hereby respectfully requested by W. Reed Quilliam, Jr.,
attorney at law, on behalf of Kenneth Rutherford, Jarmon G. Ruther-
ford, Mrs. Minnie Lee Rutherford, Mrs. Tommie Lee Rhody, Mr. and
Mrs. C. D. Tapp, Mr. and Mrs. R. F. Boozer, Mamie Odelpha Fields,
and Mr: and Mrs. Thurman Frost, that the City Commission of the
City of Lubbock, at its regular meeting of January 14, 1960, adopt
a resolution authorizing the proper city official or officials to
execute a Release and Waiver of certain restrictions insofar as
they affect Lots 1, 2, 3, 4, 5 and 6, Block 1, Southmoor Addition
to the city of Lubbock, a copy of which Release and Waiver is
attached to this request.
Yours very truly,
W. Reed Quilliam, Jr.
N
TM 5ATR Of TEA
000'"r OF LUBBOCK
SMALL LVA
tress by deditAtiou d0" "t44 f eb
srA Nola G. juawles ded ceited Soutbnow Addltion to the City of Lubbooks
Lubbock Comfy# Texost orbic dedlcstlon d "corded In Volww 231,E
p )9#9 Lubbock County Deed twoordso and
Whereas eeob dedleetion deed eoetainso, among others, the following
restrictive everts and/or conditteaso wkith are Amber" in this
Instrument for gmvenleboe of or"of thereto%
1 That said property is restricted to residential Fp s "IYI
That no bullding or par of shell to put closer tb
% ty five toot to the front
p libel
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JIt no building din toutainiftS 1060 that 000 $q feet of i"lo
ft*co e hall be built vpW any het ie said wMi'timl and
whereas late 1, go in Block (1) of the d
. oat Addition ed, e t to Thirtl►� + tb t est is `tbe City of
Lubbock& which car its s major thor a cod highw&Y in and through
1,d eityl and is now almst entirely 00weeretal in nates insofar as the
use made of property adjacent thereto l and
beress the aforesaid Lots go )l 1#0 5 and 6 In Block One, (1) of
,ems s�rr Addition s4% ne i a,
der teble for real a pur
the owners thereof are desirous of remoVingthe sari+ ions hindering
or for'b34dle comercial, dovelopwnt of the yl and
gees the dedication deed aforementioned provides for reiverter
to the diedioetors but provides no remedy for Ecutbmow Addition propyl'
ev furs in *see of !breach ot any of the restrictive covenants 4/or
0onditteas therein eontainedt but come question has artisen ds to the right
of Soutbmoor t6dition property owners td ion o ce Mwh covenants m or
e+nditi s; and
Mwons the undersigned are the owe of property loose in
14.'�outbmoor Addition to the City of Lutbook, Lubbock Comte'# Te .s# which
1 puoty to described br lot d block below the signatures of they
undersirsed re ettieel7, end 6" -willing to waive any right that, may be
possessed by the undersigned to onforco, the foregoing restrictive ov
osete and/or conditions sualvered it 2 and ) iss ar as the pow, r
Lots Is ,I ,, �►;� rid + epi" to coo (1) ` of routboow idditi"i _.
roleass, such late trio ;said rottrictionsi
*w, Therefore* "GW AM:.: IT TMI IFOLIESINTE I ThAt t undo od,
for and in Coasidergtion of Ono Dollar and other go" NW valuable
comAd#rstion, receipt of Vuich is hereby ackawlOdOds Eby waive
say rights that w&y be possee"dVy the undergignefto wiforee tb
restrictive covenants sAd/or ooriditionS beretotore got out and Rushed
1., 2 oMd`3 heroin, Lasofor the affect end *ft O Lots 1# 21
sad d in lJoIck One of EDUttmOr Addition to the (: ty Of
Wbi dk„ Lubbock Countyll Tomes stad meont and agree that suet, restrictive
06venauts #Ad/off Omd1tionis to# and tbo we beroUylleasedaxed
removed f id Iota imooi'a r as the per of the undersigned to release
mid rete it 4=00=04-