HomeMy WebLinkAboutOrdinance - 2019-O0063 - Zone Case 2538-H - 06/11/2019 First Reading Second Reading
May 28, 2019 June 11, 2019
Item No. 7.3 Item No. 7.4
ORDINANCE NO. 219-00063
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2538-H; A ZONING CHANGE TO
GO FROM R-1 ZONING DISTRICT AT 1405 ALCOVE AVENUE, LOCATED
APPROXIMATELY 138 FEET SOUTH OF 14Ti-i STREET, ON THE EAST SIDE
OF ALCOVE AVENUE, ON 0.7 ACRES OF UNPLATTED LAND OUT OF
BLOCK Db SECTION 1, 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, the 2040 Future Land Use Plan is a guide to help the Lubbock
Planning and Zoning Commission and the City Council determine the physical
development of the community; however, planning is a continuous process and change is
inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 2040 Future Land Use Plan,
which protects the public and private commitments that have been previously based on
the Plan; 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. 2538-H
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock to GO from R-1 zoning district at 1405
Alcove Avenue, located approximately 138 feet south of 14"' Street, on the
east side of Alcove Avenue, on 0.7 acres of unplatted land out of Block D6
Section 1, City of Lubbock, Lubbock County, Texas, and being further described
as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SECTION 2. 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 3. 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 4. 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 Mav ?8. 2019
Passed by the City Council on second reading on June 11, 2019
Llf��
DANIEL M. P01 , MAYOR
ATTEST:
C"� i Lt-,C-ee– )\/-- —
Re tca Garza, City Secre ary
Zone Case No. 2538-H
page -2 of'2
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
lid-1& `
elli Leisure, Assistant City Attorney
vw/c ityatt/Kel l i/ZoneCase/ZC253 8-1-1
May 12019
Zone Case No. 2538-H
page- 3 of'2
1A /V410
VOL 6289"cf265
WARRANTY DEED WITH VENDOR'S ]LIEN
(STC-mk/GP#72,957B)
Date: May
Grantor: DOROTHY LEE OWNBEY, a widow
Grantee: WALTER H. GOODNIGHT, 1R. and CAROLE L. GOODNIGHT
Grantee's Mailing Address (including county): 502 N. Genoa, Lubbock, Lubbock County, Texas 79416
Consideration:
$5,000.00 to Grantor herein paid, and secured to be paid, by Grantee herein, as follows:
The entire consideration of the sum of$5,000.00 has been paid by Whisperwood National Bank at the request
of the Grantee herein, and to evidence the indebtedness for the sum so advanced, the Grantee has executed and
delivered one certain promissory note of even date herewith, in the principal sum of$50,000.00, ($5,000.00
of which is advanced for purchase of the Property), bearing interest at the rate therein set forth, and payable to
the order of Whisperwood National Bank as therein provided, which note is secured by both deed of trust and
vendor's lien on the property herein conveyed, and said note contains the usual provisions for acceleration of
maturity and attorney's fees.
Property (including any improvements):
Being a tract of Iand out of.the North t/a of the Southwest �/4 of Section 1, Block D-6, Lubbock County, Texas,
described by metes and bounds as follows:
BEGINNING at a point 1818 feet North and 40 feet East of the Southwest corner of said Section 1 for the
beginning and Northwest.corner of this tract;
THENCE South 125 feet along the East line of the road right-of-way to a point for the Southwest corner of this
tract and the Northwest corner of a tract of land conveyed to W. E. Dodson;
THENCE East 242.5 feet along the North line of the W. E. Dodson tract to a point for the Southeast corner of
this tract;
THENCE North I25 feet to a point for the Northeast corner of this tract;
THENCE West 242.5 feet to the place of beginning.
Reservations from and Exceptions to Conveyance and Warranty:
THERE IS EXCEPTED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided
portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in
royalty, which may be outstanding in parties other than Grantor resulting from prior reservation and/or
conveyance by predecessors in title, including but not limited to that certain interest described in instrument of
record in Volume 376, Page 336 of the Deed Records of Lubbock County, Texas.
SUBJECT TO any portion of the Property vol.within the limits or boundaries of anyublic
SUBJECT TO rights and claims of tenants and parties in possession. A °r private roadway.
Grantee herein assumes the payment of all taxes for the year 1999.
Grantor, for the Consideration and subject to the Reservations from and Exceptions Warranty, grants, sells, and conveys to Grantee the Property,
appurtenances thereto in anywise belonging, F ns l Conveyance and
p rty, together with all and singular the rights and
administrators, successors or assigns foreverto have and hold it to Grantee
administrators, and successors to warrant and forever defendor nall and sinds gular and Grantor's hers' executors,
Grantee's heirs, executors, administrators, successors, and fen ns, a heirs, executors,
claiming or to claim the same administrators,
as gular the Properly to Grantee and
y part thereof, except a to the iReseryons from and ry Person sEx Exceptoever ions Conveyance and Warranty.
The vendor's lien against and superior title to the Property note, to the extent of the $5,000.00 purchase money, the said note retained in
is favor of the
terms, at which time this deed shall become absolute,y payee m said
fully paid according to its
! When the context requires, singular nouns and pronouns include the plural.
1
DOROTH�LE.
pWNBEY
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on th
DOROTHY LEE.LOWNBEY. e 14_� day of1999, by
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My Cann.-EON_ t,�ppt tary Public, ate of Texas
s rATE OF TEXAS
COUNTY OF LUBBOCK
I hereby eartity that this instrument was FILED ort the
date and at the time stamped hereon by me and was duty
FILED Fee REDDRU R�fRDEDinthe Volume and Page ofthe0fficlalReatP....
.4s of Luboch County, r-"as stamped hereon by me,
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MAT 20 10 48 AN '99 MAY 20 1999
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