HomeMy WebLinkAboutOrdinance - 2018-O0090 - Zone Case 3347 - 08/09/2018First Reading
July 26, 2018
Item No. 7.10
ORDINANCE NO. 2018-00090
Second Reading
August 9, 2018
Item No. 7.20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3347; A ZONING CHANGE FROM
T TO C-4 SPECIFIC USE FOR MINI -WAREHOUSES, ON 10.02 ACRES OF
UNPLATTED LAND OUT OF BLOCK E-2, SECTION 21, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND,
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have 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 found that due
to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
Texas, and the notices provided by the Texas Local Government Code §211.007
(Vernon, 1990), and notice was duly published in the Lubbock 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 held in
the City Council Chamber of the Municipal Building, 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 hereinafter 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:
ZONE CASE NO.3347
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from T to C-4 Specific Use for mini -
warehouses on 10.02 acres of unplatted land out of Block E-2, Section 21,
City of Lubbock, Lubbock County, Texas, located at 3301 118t" Street, and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the T zone district; and if such reversion occurs, the Director of Planning is directed to
remove from the Zoning Map the legend indicating such specific use. The Specific Use
authorized by this Ordinance is permitted under provision of Section 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 3301
118'h Street, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
of Lubbock.
SECTION 4. THAT should any 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 on July 26, 2018
Passed by the City Council on second reading on August 9, 2018
DANIEL M. POPE, MAYOR.
ATTEST:
Re ec Garza, -City Secretary
Zone Case No. 3347
page -2of3
APPROVED AS TO CONTENT:
AJ F per, Director of Planning
APPROVED AS TO FORM:
JustiyD. P1luitt, Assistant City Attorney
vw/0IYAU/Jumn/zo,tirs ZC33a7
July 5. 201 &
Zone Case No. 3347
page -3of3
TAX PRORATION AGREEMENT
OF. 80917
Pmpedr. TRACT 1:
METES AND BOUNDS DESCRIPTION of a 10.002 acre tract of land out of a 40.0 acre tract
described in Volume 1505, Page 903 of the Deed Records of Lubbock County, Texas and
being the same tract described under County Clerk File No. 2007003976 of the Official
Public Records of Lubbock County, Texas, located in the Northwest Quarter of Section
21, Block E-2, L. A. Patillo Survey, Lubbock County, Texas, being further described
as follows:
BEGINNING at a 1/2" iron rod with cap marked "BRA" set in the Southern boundary of an
80.0 acre tract as described in volume 1491, Page 349 of the Deed Records of Lubbock
County, Texas and the Northern boundary of said 40.0 acre tract, for the Southeast
corner of 118th Street as dedicated by plat recorded in Volume 2932, Page 25 of the
Real Property Records of Lubbock County, Texas, the Southwest corner of a 5.0 acre
tract as described in Volume 1900, Page 437 of the Deed Records of Lubbock County,
Texas and the Northwest corner of this tract which bears East a distance of 660.00
feet and South a distance of 1320.00 feet from the Northwest corner of Section 21,
Block E-2, L.A. Patillo Survey, Lubbock County, Texas;
THENCE S. 89059113" E., along the Southern boundary of said 80.0 acre tract and said
5.0 acre tract, and the Northern boundary of said 40.0 acre tract, a distance of
660.12 feet (deed calls: East 660.00 feet) to a 1/2" iron rod with cap marked "BRA"
set in the Western boundary of Tract A, Stenocall Storage Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded under County Clerk File No. 2021027243 of the Official Public
Records of Lubbock County, Texas, for the Northeast corner of this tract;
THENCE South, along the Western boundary of said Tract A, a distance of 660.00 feet
to a 5/8" iron rod with cap marked "BRA" found in the Northern boundary of an 80.3
acre tract as described in Volume 6160, Page 3 of the Real Property Records of
Lubbock County, Texas and the Southern boundary of said 40.0 acre tract, at the
Southwest corner of said Tract A and the Southeast corner of this tract;
THENCE N. 89*59113" W., along the Northern boundary of said 80.3 acre tract and Tract
A, Huntington Business Park an addition to the City of Lubbock, Lubbock County,
Texas, according to the map, plat and/or dedication deed thereof recorded in Volume
0292, Page 16 of the Official Public Records, Lubbock County, Texas, and the Southern
boundary of said 40.0 acre tract, a distance of 660.12 feet (deed calls: East 660.00
feet) to a 1/2" iron rod found at the Southwest corner of this tract;
THENCE North a distance of 660.00 feet to the Point of Beginning
TRACT 2: (EASEMM ESTATE)
CENTERLINE field notes of a 60' access easement out of the N/120 acres of the NW/4 of
Section 21, Block E-2, Lubbock County, Texas, and being more particularly described
as follows:
BEGINNING at a point in the West line of Section 21 from whence the NW corner of
Section 21 bears North 660.001;
THENCE East a distance of 1290.01 to a point in the centerline of this 60' access
easement;
THENCE South a distance of 660.0' to a point in the centerline of said 60' access
easement.
THE STATE OF TEXAS
THE COUNTY OF LUBBOCK
This agreement is entered into by and between Lubbock -Cooper Little League Association, an
unincorporated not for profit organization, hereinafter called "Sellers", and Tortoise & Hare Land
Company, LLC, hereinafter called "Purchaser %
WHEREAS, Sellers have this date sold and Purchaser has this day purchased the above -described
property.
{X) WHEREAS, at the request of the parties hereto, WESTERN TITLE COMPANY has NOT
prorated ad valorem taxes for the subject transaction. SELLER IS TAX EXEMPT AND PROPERTY
WILL BECOME TAXABLE FROM DATE OF SALE.
{ ) WHEREAS, we understand that WESTERN TITLE COMPANY is unable to determine the
amount of the ad valorem taxes on said property and is, therefore, unable to make a correct proration of
said taxes; and therefore, we hereby agree that upon receipt of the said 2018 ad valorem tax statements
from the various taxing authorities, we will each pay our prorata share of said taxes, and that such prorate
share shall be determined among ourselves at that time; or
{ ) WHEREAS, we understand and agree that the tax proration have been based on figures for the
preceding year, or estimates for the current year, and in the event of change of taxes for the current year.
all necessary adjustments must be made between Seller and Purchaser and/or Borrower and Lender, with
the understanding that WESTERN TITLE COMPANY us will not be liable for any adjustments. (A_.. cony
of the tax certificate p=dded to WESTERN 173M COMPANY is attached for reference.)
{ WHEREAS, we understand and agree that WESTERN TITLE COMPANY has relied on
information provided by third parties in order to prepare the tax proration and/or the Initial Escrow
Account Statement and has made no representation as to the accuracy of such information.
NOW, THEREFORE, we do hereby agree to hold WESTERN TITLE COMPANY and Commonwealth
Land Title Insurance Company harmless from any liability with regard to the proration or payment of the
2018 ad valorem taxes on the subject property, or the information provided on the Initial Escrow Account
Statement.
Executed on the I Ith day of April, 2018.
SELLER: LUBBOCK COOPER LITTLE LEAGUE ASSOCIATION,
AN UNINCORPORATED NOT FOR PROFIT ORGANIZATION
By: .�
Brandon Arnett, President