HomeMy WebLinkAboutOrdinance - 2020-O0082 - Zone Case 2933-FFirst Reading
May 26, 2020
Item No. 8.7
❑RDINANCE NO. 2020-00082
Second Reading
June 9, 2020
Item No. 8.8
AN ORDINANCE AMENDING 'ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF TILE CITY OF LUBBOCK MAKING TI E
FOLLOWING CHANGES: ZONE CASE NO. 2933-F; A ZONING CHANGE
FROM R-1 TO C-3 'ZONING DISTRICT AT 8201 QUINCY AVENUE, LOCATED
SOUTH OF 82ND STREET AND EAST OF QUINCY AVENUE, ON 0.46 ACRES
OF UNPLA`I" 1'ED LAND OUT OF BLOCK AK, SECTION 27, 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 Nanning 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 toning Ordinance and Map leave been fully complied with, including giving notices
in compliance with Section 40.01.005 ❑f the Code of Ordinances, City ❑f 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 hcreol; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.2933-F
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions ❑f Section 40.01.005 of the Code of
Ordinances of the City of Lubbock From R-1 to C-3 zoning district at 8201
Quincy Avenue, located south of 82nd Street and east of Quincy Avenue, on
0.46 acres of unplatted land out of Block AK, Section 27, 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 May 26, 2020
Passed by the City Council on second reading on June 9, 2020
ATTEST:
Reb ca Garza, City Secr ry
APPROVED AS TO CONTENT:
Brya Isha-NDirector of Planning
APPROVED AS TO FORM:
K Ili Leisure, Assistant City Attorney
vwkilyaa/Kel 1i/ZoneCmc/ZC2933-P
May 7. 2020
"11"'V
DANIEL M. POPE, MAYOR
Zane Case No. 2933-1-
Page - 2
DEED 2014041350
6 PGS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE R IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
J
After recoid,r,B realm to Real Pmperly Resources. Im
SI
L k, TX 79424
do Chna Bony
SPECIAL WARRANTY DEED
Date: November 13, 2014
Grantor: Quality Land Development, LTD.
Grantor's Address: 6305 82n4 Street, Lubbock, TX 79424
Grantee: Real Property Resources, INC.
Grantee's Address: 6305 82nd Street, Lubbock, TX 79424
Consideration:
TEN AND NO/100 Dollars ($10.00) cash in hand and other good and valuable consideration paid, the
receipt of which is hereby acknowledged and confessed,
Property:
That certain lot, tract or parcel of land described as follows:
A 0.4562 ACRE TRACT OF LAND IN SECTION 27, BLOCK AK, ABSTRACT NO.245, a
copy of which is attached hereto as Exhibit 'A". LUBBOCK COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO QUALITY LAND
DEVELOPMENT, LTD., DESCRIBED IN A WARRANTY DEED RECORDED IN VOLUME
7882, PAGE 309 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY,
TEXAS, SAID 0.4562 ACRE TRACT BEING FURTHER DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH A CAP MARKED 'STEVENS RPLS 4339"
FOUND IN THE NORTH LINE OF SAID PARENT TRACT AND THE SOUTH RIGHT-OF-
WAY LINE OF 82ND STREET, AS DESCRIBED IN A RIGHT-OF-WAY EASEMENT
RECORDED IN VOLUME 1112, PAGE 396 OF THE DEED RECORDS OF LUBBOCK
COUNTY, TEXAS, AT THE NORTHWEST CORNER OF A 5.7347 ACRE TRACT OF
LAND CONVEYED TO STTH STREET PARTNERS, LLC, DESCRIBED IN A WARRANTY
DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 2009045346 OF THE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, SAME BEING THE
NORTHEAST CORNER OF A 20 FOOT WIDE UNDERGROUND UTILITY EASEMENT
AND GARBAGE SERVICE EASEMENT DESCRIBED IN VOLUME 7909, PAGE 75 OF
THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS, FOR THE
NORTHEAST CORNER OF THIS TRACT, WHENCE THE NORTHEAST CORNER OF
SAID SECTION 27 BEARS N. 00' 04' 54' E. A DISTANCE OF 55.00 FEET AND S. 89°
55' O6" E. A DISTANCE OF 2471.69 FEET, PER CALLS IN PREVIOUS DEEDS, AND A
'CROW'S FOOT' CUT ON CONCRETE FOUND IN THE SOUTH RIGHT-OF-WAY LINE
OF SAID 82ND STREET BEARS S. 89° 55' 35' E. A DISTANCE OF 751.7 FEET;
THENCE DUE SOUTH, ALONG THE WEST LINE OF SAID 5.7347 ACRE TRACT, A
DISTANCE OF 152.97 FEET TO A 1/2' IRON ROD WITH A CAP MARKED'RPLS 4460'
FOUND AT THE SOUTHEAST CORNER OF SAID 20 FOOT WIDE UNDERGROUND
UTILITY AND GARBAGE SERVICE EASEMENT, SAME BEING THE MOST
NORTHERLY NORTHEAST CORNER OF THE PLAT LIMITS OF MONTEREY
ADDITION, LOTS 3 THROUGH 172,175 THROUGH 222,225 THROUGH 278 AND 281
THROUGH 307, ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED
THEREOF RECORDED IN VOLUME 7909. PAGE 68 OF THE OFFICIAL PUBLIC
RECORDS OF LUBBOCK COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF THIS
TRACT, WHENCE A 1/2- IRON ROD WITH A CAP MARKED -SMITH RPLS 3906-
FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID 5.7347 ACRE
TRACT BEARS DUE SOUTH A DISTANCE OF 24013 FEET;
THENCE DUE WEST, ALONG NORTH PLAT LIMITS OF SAID MONTEREY ADDITION,
AT A DISTANCE OF 20.00 FEET PASS A 1/2' IRON ROD WITH A CAP MARKED'RPLS
4460" FOUND AT THE SOUTHWEST CORNER OF SAID 20 FOOT WIDE
UNDERGROUND UTILITY AND GARBAGE SERVICE EASEMENT, SAME BEING THE
NORTHEAST CORNER OF LOT 3 OF SAID MONTEREY ADDITION, CONTINUING FOR
A TOTAL DISTANCE OF 130.37 FEET TO A 1/2' IRON ROD WITH A CAP MARKED
"RPLS 4460' FOUND IN THE WEST LINE OF SAID PARENT TRACT AND THE EAST
RIGHT-OF-WAY LINE OF OUINCY AVENUE, AS OCCUPIED ON THE GROUND AND
RECOGNIZED BY THE CITY OF LUBBOCK (NO DEDICATION KNOWN), FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 00' 09' 14" E., ALONG THE WEST LINE OF SAID PARENT TRACT AND
THE EAST RIGHT-OF-WAY LINE OF SAID OUINCY AVENUE, A DISTANCE OF 138.16
FEET TO A 1/2' IRON ROD WITH A CAP MARKED 'H.R. & ASSOC." FOUND AT A
POINT OF CURVATURE FOR THE MOST WESTERLY NORTHWEST CORNER OF
SAID PARENT TRACT AND THIS TRACT;
THENCE NORTHEASTERLY, ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE
OF 23.54 FEET, SAID CURVE HAVING A RADIUS OF 15.00 FEET, A DELTA ANGLE OF
89- 55' 11-, A CHORD DISTANCE OF 21.20 FEET AND A CHORD BEARING OF N. 45°
06' 49' E. TO A 1/2' IRON ROD WITH A CAP MARKED'H.R. & ASSOC." FOUND AT A
POINT OF TANGENCY IN THE SOUTH RIGHT-OF-WAY LINE OF SAID 82ND STREET,
FOR THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARENT TRACT AND
THIS TRACT;
THENCE S. 89° 55' 35' E., ALONG THE NORTH LINE OF SAID PARENT TRACT AND
THE SOUTH RIGHT-OF-WAY LINE OF SAID 82ND STREET, AT A DISTANCE OF 94.98
FEET PASS A 1/2' IRON ROD WITH A CAP MARKED'STEVENS RPLS 4339' SET FOR
THE NORTHWEST CORNER OF SAID UNDERGROUND UTILITY AND GARBAGE
SERVICE EASEMENT, CONTINUING FOR A TOTAL DISTANCE OF 114.98 FEET TO
THE POINT OF BEGINNING. BEARINGS ARE RELATIVE TO THE PLAT OF SAID
MONTEREY ADDITION, RECORDED IN VOLUME 7909, PAGE 68 OF THE OFFICIAL
PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS.
I, SAMUEL WYATT, REGISTERED PROFESSIONAL LAND SURVEYOR, 00 HEREBY
CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY
OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE
FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SURVEYED JUNE 5.2014
Reservations from and Exceptions to Conveyance and Warranty:
Taxes for the current year and the payment of which Grantor assumes through 2014; and subsequent
assessments for that and pnor years due to change in land usage, ownership, or both, the payment of
which Grantor assumes; restrictions, conditions, easements and nghts-of-way of record or visible on the
ground, if any, to the extent they are still in full force and effect; all valid and properly recorded
outstanding mineral and royalty interest, reservations and leases, if any, to the extent they are still in full
force and effect; and rights of parties in possession, if any. Further, Grantor reserves to itself all of
Grantor's right, title and interest in and to oil, gas and other minerals, including, but not limited to all
mineral interests, royalty interests, overriding royalty interests, working interests, production payment
interests, oil and gas leasehold interests and all other interests of every kind, nature and character In and
to all oil, gas and other minerals located in, on, under and that may be produced from the Property.
By acceptance of this Deed, Grantee acknowledges that Grantor has not made and
does not make any representations as to the physical condition of the property, or any
other matter affecting or related to the property. Grantee expressly agrees that to the
maximum extent permitted by law, the property is conveyed "AS IS", 'WHERE IS" and
'WITH ALL FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and
accepts that Grantor has disclaimed, any and all representations, warranties or
guaranties of any kind, oral or written, express or implied regarding the value,
profitability, legal compliance, merchantability, fitness, environmental or physical
condition, or usefulness of the property. By Grantee's acceptance of this Deed, Grantee
represents that Grantee has made all inspections of the property to determine its value
and condition deemed necessary or appropriate by Grantee, including, without
limitation, inspection for the presence of asbestos, pesticide residues, hazardous waste,
other hazardous materials and underground storage tanks.
GRANTOR, for the consideration named herein and subject to the reservations from and exceptions
to conveyance and warranty, Grants, Sells, and Conveys to Grantee the property described above,
together with all and singular the nghts, privileges, improvements and appurtenances thereto in any wise
belonging, unto the said Grantee, its heirs, executors, administrators, successors and assigns forever,
and Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns, to
Warrant and Forever Defend all and singular the said premises unto the said Grantee, its heirs,
executors, administrators, successors and assigns, against every person whomsoever lawfully claiming,
or to claim the same or any pail thereof, by, through or under Grantor, but not otherwise
Exhibit "A"
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IN WITNESS WHEREOF, these presents are signed at Lubbock, Texas on November 13. 2014.
DEDICATOR:
Quality Lend Development, LTD,
Jon illol on,yis resident
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This Instrument was acknowledged before me on November 13, 2014. by Jon Jackson, Vice,
President of Quality Land Development, LTD., and in the capacity therein stated.
0Q01 ff uLt
KALEE RICHI Notary Pu blifc, State of Texas
�yF.�ia�a7ls
IN WITNESS WHEREOF, these presents are signed at Lubbock, Texas on November 13, 2014.
DEDICATOR:
Real Property Resources, Inc.
Chrl Ice- resident
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on November 13, 2014 by Chns Berry, Vice.
President of Real Property Resources, Inc. and in the capacity therein stated.
Ooa�,��
KALEE RICH Notary Pubic, State of Texas
NoirypAksiftelTsas
1111C istiol Fist iPZOO
FILED AND RECORDED
,:.
OFFlt IRL PUBLIC RECORDS
Kelly Pinson, County Clerk
Lubbock County TEXAS
Noyeober 21, 2014 03'48.59 PN
FEE. $37.00 2914041359