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HomeMy WebLinkAboutOrdinance - 729-1945 - Establishing Building Lines On The West Side Of Ave A - 10/25/1945c ·.· ";. AN ORDINANCE ESTABLISHING BUILDING LINES ON THE WEST SIDE .Qli' AVENUE A FROM 6th STREET SOUTH TO THE CITY LIMITS IN THE VICINITY Q]' 28th STRE:l!;T; AND .ON THE EAST SIDE OF AVENUE A FRDM '!'HE NORTH .PROPERTY LINE OF 6th STREET AS PRODUCED FRDM THE \mST, SOUTHWARDLY TO THE PRESENT CITY LIMITS IN THE VICI NITY OF 28th STREET (EXCEPTING CERTAI N PROPERTY); AND ON THE NORTH SIDE OF 4th STREET FROM THE WEST PR OPERTY LINE OF AVENUE H TO 'fHE EAST "PR OPERTY LINE OF AVE NUE Q FROM THE NORTH; AND ON THE SOUTH SI])b; 01<, 4th STREET FROM THE VICI:NJ:TY 0~.., AVENUE H TO AVENUE · Q (EXCEPTil'iG CERTAIN PROPERTY), IN ACCORDAOOE WITH A C0111PflliHENSIVE STREET IMPROVE- MENT PRCGRAM; PROHIBITING PLACING OF BUILDINGS AND STRUCTURES OR REPAIRS OR RE- CONSTRUCTION BETWEEN SAID LINES; ESTABLISHING TIME FOR CONFORMANCE; DETERMINING RELATIONSHIP ·OF THIS .ORDINANCE T.O OTHER ORDINANJES AFFECTING BUILDIIIJG SETBACK LINES; PROVIDING PENALTIES FOR VIOLATION; AND EXCLUDING CERTAIN PIWPER1'Y FROM PROVISIONS HEREOF WHERE STREETS DO NOT EXIST. 1YHmREAS, Articl e ll05a, Revised Civi l Statutes of Texas provides for the estab• lishment of building lines on any part or side of ~ street in the City of Lub· bock, said City having a population of more than 15,000, and, WHEREAS, the City Commission of the City of Lubbock has, in the public interest and in conjunction with the State of Texas, the State Highway Commission, entered upon a comprehensive plan to widen, straighten, extend and improve certain streets within the City of .Lubbock, and, WHEREllS, the Commission finds that the establishment of t hese building lines is necessary to the normal development and securing of the right-of-way required under the comprehensive plan, of which the streets and highways herein mentioned are a part, and for the preservation of public safety and property and precluding unnecessary expense to property owners and the public in securing right-of-ways which will ultimatel1 provide streets and highways of needed width and traffic capacity, and, WHEREAS, streets and highways are not at this time opened or in use on certain property as described in Section 11 of this ordinance, and it is not the intent or desire of the Commission to establish or attempt to establish building lines on or along said proper ty except where streets now exist, THEREFORE, ( I q 0 2. BE IT ORDAINED BY THE CITY COMMISSIOl~ OF THE CITY Oli' LUBBOOK, TEXAS: Section 1. That a building line is hereby established on the vfest side of Ave- nue A from 6th Street South to the City Limits in the vicinity of 28th Street, to-wit: Beginning at a point in the present West property line of Avenue ~ at the S.outh property line of 6th Street; THENOE South along the West property line of Avenue A to the center line of lOth Street; THE NCE in a Southwesterly direction at an angle of 2° 28 1 to the right with the West property line of Avenue A to a point in the center line of IV'Iain Street and 15 1 West of the West property line of Avenue A as now located; THENCE South parallel to and 15 1 West of the West property line of Avenue A, said line also being parallel to and 110 1 East of the East property line of a 20 foot alley.in Blocks 125, 141, 173, 189 and 205, to a point in the center line of 17th Street 15 1 illest of the West property line of Ave- nue A as now located; THENCE in a Southerly direction at an angle of 0° 23 1 to the right to a point in the South line of Survey 1, Block o, Lubbock County, Texas, 95 1 West of the intersection of the South line of Survey 1 and the projection of the East property line of Avenue A as produced from the North; THE NCE South par- allel to the Ea st line of Survey 7, Block B and 4. 2' West of the East property line of the East one-half of Block 30, Merrill's Addition to a point in the South line of Lot 16, said Block 30, 4.2' West of the Southeast corner of said Lot 16; THENCE Southw esterly to a point in the South property line of 20th S treat 24 7. 5' West of the East property line of said Survey 7; THE I'CE South 1° 59 1 .30u East to a point 130.3.7' South of the North line of Survey 7, Block B and 220 1 West of the East property line of said Survey 7; THENCE South 0° East parallel to the East lin of Section 7 to a point 121.6 1 North of the South line of the North one-half of said Survey 7; THEl~E South 3° 31 1 30° West to the intersection of the present City Limits which is on the Southwesterly right-of-w~ line of the Ft. Worth and Denver South Plains Railway. Section 2. That a building line is hereby established on the East side of Avenue A from the North property line of 6th Street as produced from the West, Southwardly to the present City Limits in the vidhity of 28th Street, to-wit& · Beginning at a point on the East property line of Avenue A at the intersec~ tion of the North property line of 6th Street as produced from the West; THENCE East 15 1 ; THENCE ,South parallel to and 15' East of the East property line of Ave""' nue A as surveyed on the ground by the City Engineering Department of the City of Lubbock, to a point on the center line of lOth Street as produced from the West 1 r and 15' East of the East property line of Avenue A; THENCE Southwesterly at an an• gle of 2° 28 1 to the right to a point on the center line of Main Street and on the East property line of avenue A; THENCE Southwardly along the East property line of Avenue A as now surveyed and along the projection of the East property line of Avenue A to the South line of Survey 1, Block 0 and the North line of Survey 7, Block B, Lubbock County, Texas; THENCE West along the South line of Survey 1, Bloc c), 5 t; THENCE South 0° East parallel to arid 144.2' West of the East line of said SUrvey 7 to a point in the North property line of 20th St reet. The last described course above being also parallel to and 35.8 1 East of the West line of Block 31, Merrill's Addition;kTHENCE Southeasterly to a point in the South P:r:-operty line of 2oth Street 127.5' west of the East line of said Survey 7; THENCE S 1° 59 1 30" E ( to a point 1301.7 r South of the North line of said Survey 7 and 100 1 "'est of the ... 0 0 . ~ ( .3. East line of said Survey 7, said point being on the East property line of the Santa Fe Industrial Site and on the West property line of Ft. Worth and Denver South Plains Railway right-of ... way; THENCE South 0° East parallel to and 100 r West of the East line of said Survey 7 to a point 118' North of the South line of the North one-half of said Survey 7; THE~~E S .3° .31' 30 1 ~to the intersection of the present City Limits on the Southwesterly right-of-way line of the Ft. Worth and Denver South Plains Railway. Section .3. That a building line is hereby established on the North side of 4th Street from the West property line of Avenue H to the East property line of Avenue Q from the North, to-wit: I Beginning at the intersection of the West property line of Avenue H and the North property line of 4th Street, the same being the North line of Survey 1, Block O, Lubbock County, Texas; THENCE West along the North line of said Survey 1 to a point at the intersectio~ of the projection of Texas Avenue From the South with said North line of Survey 1; THENCE South along the West property line of the projection of Texas Avenue from the South 12 • .34 1 to a point; THE I~E Westerly at an angle of 1° .30' to the left measured from the South property line of 4th Street, which course is parallel to and 90' Northerly from the building line here- in established in Section 4 on the South side of 4th Street to the intersection of the So~thwesterly property line of the Panhandle and Santa Fe Railway right- of-way; THENCE Northwesterly along said right-of-way to the intersection of the North line of Survey 1, Block 0; THEl~E Uest along the North line of said Survey 1 to the Southwest corner ·of Tract 4,-Richmond Addition, said point being on the Northeast corner of the intersection of 4th Street and Avenue 0; THE NCE in a Northwesterly direction crossing the East line of Tract 1, Richmond Addition 11.2.3 1 North of the South line of Survey 79, Block A, Lubbock County, Texas, and contin- uing to a point in the West line of Survey 79, Block A, .32 1 North of the Southwest corner of said Survey 79; THENCE North along the ~l est line of Survey 79, Block A to the intersection of the projection of the North property line of 4th Street fro the West; THEK:E t/est along the North property line of 4th Street to the East prop erty line of Avenue ~. Section 4• That a building line is hereby established on the South side of 4th Street from thevicinity of Avenue H to Avenue Q, to-wit: Beginning at a point in the North line of Lot 1, Block 8, Original Town, 34' West of the Northeast corner of said Lot 1, at which beginning point the North line of Lot 1 is 96.85' South of the North line of Survey 1, Block 0, Lubbock County, Texas; THENCE. in a Southwesterly direction at an angle of· 1°.30 1 to the left meas• urad from the South property line of 4th Street to a point which is 100 1 West of the West property line of Avenue K from the South and 25.5 1 South of the South pro erty line of 4th Street, the same being the North line of Lot 24, Block 5, Origin Town; THENCE in a Northwesterly direction at an angle of 2° 50' to the right meas· ured from the South property line of 4th Street to the Northwest corner of Lot 1, , Block 4, Original Town; fHENCE West along the South property line of 4th Street an along the North line of Blocks 3, 2 and 1, briginal Town to the West line of Surve 1, Block ~ and the East line of Survey 2, Block o, Lubbock County, Texas; THEI~E North to a point which is 58' South of the Northeast corner of Survey 2, Block 0; THENCE Northwesterly to a point 275 1 West of the East property line of Survey 2, Block O, and 18.2 1 South of the North line of Survey 2, Block 0; THENCE westerly to a point 18' South of the North line of said Survey 2 and in the East property line of Avenue liM• v • c ; Section 5. That no building or other structures shall be erected, re-erected, or substantially repaired or no new building or other structures or part thereof shall be erected or re-erected within said building lines so established by de- scription in Sections 1, 2, 3 and 4 of this ordinance. Section 6. That all structures now extending within such building lines es- tablished by description in Sections 1, 2, 3 and 4 of this ordinance are hereby required to conform to the new building lines established by said sections with• in a period of not more than five years from the effective date of this ordinance. Section 7. The provisions of this ordinance and the building lines herein es~ tablished shall not be construed as in any manner repealing any provision of Zon- ing Ordinance No. 661 and amendments thereto, it being the purpose and intent of this ordinance to establish general building lines between which no improvements shall be made in any event, and building setback lines and other provisions of the Zoning Ordinance and amendments thereto shall be and are hereby declared to be cumulative of and applicable, in addition to the building lines herein es- tablished, so that building setback requirements of the Zoning ·Ordinance and Build- ing Code shall be measured from the building lines herein established. Section 8. And provided further that where the building lines herein establishe coincide with or overlap upon any public way, then the Zoning and Building Ordi- nance setback requirements shall be determined from the existing property lines of such public way except where the property line lies within the building lines herein established. Section 9. It shall be unlawful for any person, firm, corporation, trustee or any authorized agent or representative thereof to erect, re·erect, or substan- tially repair a~ building or other structure, or to erect or re-erect aQY new building~or other structure within or between the building lines established and described i n Sections 1, 2, 3 and 4 of this ordinance, and whoever shall violate any provisions of this ordinance shall, upon conviction, be fined not exceeding $100.00. Section 10. The provisions of Section 9 of this ordinance shall not apply to ~ officer, a gent, employee or other person duly authorized by the State of Texas anQ/or the City of Lubbock when performing any employment pursuant to the widening, straightening or extension of the streets anQ/or right-of-way contemplated by this ordinance. Section 11. The following described property is excluded from the provisions of this ordinance, to-witl All that part of the property between the lines on the Nor and South side of 4th Street covered in Sections 3 and 4, respectively, from the West property line of Texas Avenue O» the projection of the West property line of Texas Avenu e from the South, Westwardly to the Southwesterly right-of-way line of the P & SF Railway right-of-w~ in the vicinity of Avenue J, and also all that part of the property between the line on the West side of Avenue A and on the East side of &venue A covered in Sections 1 and 2 respectively, from the South property line of 20th Street Southwe.raly"' . .~ to the City Limits line o:fl. the Southwesterly right-of- way line of the FW & DSP Railway. Section 12. This ordinance shall not be construed by implication or otherwise as establishing or attempting to establish building lines or opening any street or highway on the property described in Section 11. . -.... , ,... A 0 AND IT IS SO ORDERED. Passed and approved first reading this 25 day of __ ...,.O:;.;:;c~t::..l,~o.-- Passed and approved second reading this 8 day of No v ember Attest: ' 1945· ' 1945· 5.