HomeMy WebLinkAboutOrdinance - 2022-O0177 - Zone Case 3475 - 01/10/2023First Reading
December 13, 2022
Item No. 6.2
ORDINANCE NO. 2022-00177
Second Reading
January 10, 2023
Item No. 5.30
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3475; A ZONING CHANGE FROM
T TO M-2 ZONING DISTRICT AT 1503 EAST DREW STREET, LOCATED
NORTH OF DREW STREET AND EAST OF IVORY AVENUE, ON 219.7 ACRES
OF UNPLATTED LAND OUT OF BLOCK D, SECTIONS 37 AND 38,
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.3475
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 from T to M-2 zoning district at 1503 East
Drew Street, located north of Drew Street and east of Ivory Avenue, on 219.7
acres of unplatted land out of Block D, Sections 37 and 38, 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
December 13, 2022
Passed by the City Council on second reading on January 10, 2023
ATTEST:
Re cca Garza, City Sec
APPROVED AS TO CONTENT:
Kri ten Sager, Directo of Planning
APPROVED AS TO FORM:
h6g�4
elli Leisure, Assistant City Attorney
vw/cityatt/Kelli/ZoneCase/ZC3475
December 2, 2022
Zone Case No. 3475
Page - 2
3 BN/ Return To Service Title GF# 03277 '{ ��II�Iq�WIAllAVIu�IIUVIIIIGIIIII� 3 3 PGS 2N9007374
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
Date. March 4, 2009
Grantor: BETTY LOUISE WOMACK, a single woman
Grantor's Mailing Address (including county):
1503 E FM 1294, Lubbock, Lubbock County, Texas 79403
Grantee: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE, INC., a Texas Non -Profit
Corporation
Grantee's Mailing Address (including county):
1500 Broadway, 6th Floor, Lubbock, Lubbock County, Texas 79401
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby expressly acknowledged.
Property (including any improvements):
A tract of land lying in Sections 37 and 38, Block D, L. & S.V. RR Co. Survey, Lubbock
County, Texas, further described by mctes and bounds as follows:
BEGINNING at a 3/8" iron rod with cap marked "HBD" set for the Southeast corner of said
Section 38, same being the Southwest comer of said Section 37, whence a 3/4" iron pipe
found for the Southeast comer of Section 36, Block D, L. & S.V. RR Co. Survey, bears
South 01°23'03" West, 5280.48 feet;
THENCE along the South line of said Section 38, a distance of 2631.79 feet to the
Southwest comer of this tract, whence a Magnail in asphalt found for the Southwest comer
of said Section 38 bears North 88"33'22" West, 2649.84 feet;
THENCENorth 01 ° 13'S5" East, at 50.00 feet pass a 1/2" iron rod with Hugo -Reed cap found
in the North right of way line of F.M. 1294 as referenced to General Warranty Deed
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recorded under Clerk's File No. 2007-1226, Official Public Records of Lubbock County,
Texas, at 2823.17 feet pass a 1/2" iron rod with Hugo -Reed cap found, at 3630.66 feet pass
a 1/2" iron rod with Hugo -Reed cap found, continue for a total distance of 3632.06 feet to
a 3/8" iron rod with cap marked "HBD" set for the Northwest comer of this tract;
THENCE South 88°33'22" East, a distance of 2636.33 feet to a 3/8" iron rod with cap
marked "HBD" set in the East line of said Section 38 for the Northeast corner of this tract,
whence the Northeast comer of said Section 38 bears North 01°1T53" East, 1650.00 feet;
THENCE South 01017'53" West, along the East line of said Section 38, a distance of
2096.81 feet to a point lying in ponded water, unable to set;
THENCE South 88"44'48" East, a distance of 5.51 feet to a point lying in ponded water,
unable to set on the West line of a 5.01 acre tract described in Warranty Deed recorded in
Volume 7712, Page 99, Deed Records of Lubbock County, Texas;
THENCE South 01003'21" West, a distance of 1535.27 feet to a 3/8" iron rod with cap
marked "HBD" set for the Southeast comer of this tract in the South line of said Section 37,
whence a 3/4" iron pipe, referenced in said Warranty Deed recorded in Volume 7712, Page
99, bears South 88*35' 19" East,141.83 feet and North 01 "04'38" West, 30.00 feet, and a 1/2"
iron rod with yellow cap referenced in said Warranty Deed recorded in Volume 7712, Page
99, bears North 86"10152" West, 6.16 feet;
THENCE North 88035' 19" West, along the South line of said Section 37, a distance of 12.00
feet to the Point of Beginning of this tract.
Reservations from Conveyance & Exceptions to Conveyance and Warranty:
a. Any and all interest, whether whole or an undivided portion thereof, in the oil, gas
and other mmerals in and under the Property, royalty interest, or interest in royalty, which may be
outstanding in third parties 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
172, Page4; Volume 1556, Page 233, Deed Records ofLubbock County, Texas; Volume 3859, Page
151; and Volume 6924, Page 88, Real Property Records of Lubbock County, Texas.
b. Option and Right -of -Way Easement for gas pipeline granted to West Texas Gas
Company by instrument dated September 8, 1951, and recorded in Volume 447, Page 595, Deed
Records of Lubbock County, Texas.
C. Anyportion oftheabove described propertywhich maybe located within the bounds
of a public or private roadway, including but not limited to, that road right-of-way described in
Award in Proceedings to Eminent Domain recorded in Volume 1048, Page 393, Deed Records of
Lubbock County, Texas.
d. Those matters reflected on that certain "Survey Plat" of the above described Property
prepared by Casey Brown, Registered Professional Land Surveyor, on October 21, 2008, including
Dail W�DrO • Mp 1 et l
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but not limited to: paved roadway and right-of-way condemnation along southernmost portion of
Property, telephone pedestals along southernmost portion of Property, utility lines and poles along
southernmost portion of Property, gravel drives and asphalt drives crossing southernmost portion
of Property, "apparent underground gas line" shown to cross Property, gas meter in Southeast comer,
fences being located off property lines in various locations.
Grantee shall assume and become liable for all ad valorem taxes on the herein described real
property for the year 2009 and all subsequent years.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
6(d(.b
BETTY LOUSE WOMACK, a single woman
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the del day of /AM•'"4 . 2009, by
BETTY LOUISE WOMACK, a single woman.
eessisl Waman Deed •his 7 ef7
NOTARY PUBLIC, STATE OF TEXAS
FILED AND RECORDED
OFFICIAL PLMLIC,REC)ORDS
l�\ r'
�T�A�fNW
Kelly Pinion, County Clerk
Lulilwok County TEXAS
March 25, 2009 11.45:57 AM
FEE: $24.00 2000007374
PP.,