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Home My WebLink About93-2952ZONE CASE NO. 604 - Dan DeAsis A (Agricultural) to R-1 (Single FAmily Resident/al) ORDINANCE NO. 93-2952 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 89-2978; PROVIDING FOR AN AMENDMENT TO REZONE FROM A (AGRICULTURAL DISTRICT) ZONING DISTRICT TO R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; CUMULATIVENESS CLAUSE; CONFLICTS SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WIIEREAS, Ordinance No. 89-2798, known as the City of plainview Zoning Ordinance, sets forth the zoning regulations, zoning districts and corresponding map for the City of Plainview in accordance with state law; and WHEREAS, from time to time it is advisable to review the Zoning Ordinance and update such; and WHEREAS, notice of a public hearing to discuss an amendment to the Zoning Map was published in the Plainview Daily Herald before the 15th day prior to the hearing date; and WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and WHEREAS, the proposed change to the Zoning Map as herein after made has been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council; and WHEREAS, it was determined by the City Council that it would be in the best public interest to, due to changed conditions, amend the zoning map in the manner hereinafter set forth in the body of this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview, Texas that: SECTION I Request of Dan Deasis to rezone from an A (Agricultural District) Zoning District to a R-1 (Single Family Residential District) Zoning District property as described as follows: TRACT ONE: Being a 8. 311 acre tract out of the southwest quarter of Survey No. 28, Block JK-2, Hale County, Texas: 11 BEGINNING at a 5/8 inch steel rod set for the southwest corner of the north half of the southwest quarter of Survey No. 28, Block JK-2, Hale County, Texas, as determined by 1980 resurvey, said rod being in the west line and 1320.66 feet N. 0°00'10"W. of the southwest corner of said survey, and also being 7.9 feet east of a 3/8 inch steel rod found in the projection of the centerline of Westridge Road; THENCE S.89°55'36"E. 660.22 feet along the north line of the south half of the southwest quarter of said survey to a 5/8 inch steel rod for the northwest corner of a 21.323 acre tract as recorded in Vol. 668, P. 554 of the Hale County Deed Records; 1 of 4 12 THENCE S.0°04'24"W. 388.44 feet to a northwest corner of Westridge Park Addition Unit No. 4 as recorded in Vol. 677, Page 93 of the Hale County Deed Records; THENCE S.89°55'36"E. 190 feet to a corner of said addition; THENCE N.0°04'24"E. 120 feet to a corner of said addition; THENCE N.89°55'36"W. 20 feet to a corner of Westridge Park No. 3 as recorded in Vol. 610, Page 691 of the Hale County Deed Records; THENCE along the west and south lines of said Westridge Park No. 3 as follows: N.0°04'24"E. 574.34 feet to a 3/8 inch steel rod; N.82°05'23"W. 30.28 feet to a 3/8 inch steel rod; Westerly, 661.93 feet around a curve to the right having a radius of 570.00 feet, a central angle of 66°32'16.8'' and a chord bearing N. 77°11'56"W. 625.37 feet to a 3/8 inch steel rod; N. 41°00'03"W. 58.26 feet to a 3/8 inch steel rod; N.89°54'00"W. 152.6 feet to a point in the west line of said survey from which the most westerly southwest corner of said Westridge Park No. 3 bears N.89°54'00~!W. 7.02 feet; THENCE. S.-0°00'10"E. 491.80 feet along the west line of said survey to the POINT OF BEGINNING and containing 8. 311 acres; SAVE AND EXCEPT the 0.28 acre tract reflected on Exhibit' A, attached hereto. Being a 0.28 acre tract out of the SoUthwest part of the Jose DeAsis 8. 311 acre Tract "A" (recorded in Volume 794, pate 419 of the Hale County Deed Records) and being out of the West part of Survey No. 28, Block JK-2, Hale County, Texas: BEGINNING at a 5/8 inch steel rod found for the Southwest corner of said Tract "A", said rod being in the West line and 1320.66 feet N.0°00'10"W. of the Southwest corner of Survey No. 28, Block JK-2, said beginning point also being 7.9 feet East of a 3/8 inch steel .rod found in the projection of the centerline of Westridge Road (bearing N. 0°06'E. ) based on the final plat of Westridge Park No. 3, as recorded in Volume 610, p. 691 of the Hale County Deed Records; THENCE S.89°55'36"E. 308.47 feet along ihe South line of said Tract "An and the North line of the H. E. Setliff Property to a 1/2 inch steel rod set for the Northwest corner of a 1.48 acre tract out of the Northeast part of said Setliff property; THENCE N. 75°23'33"W. 318.78 feet to a 1/2 inCh rod set in the West line of said survey; THENCE S.0°00'10"E. 80 feet along the 'East line of said survey to the POINT OF BEGINNING. TRACT THREE: Being a 1.48 acre tract out of the Northeast part of the H. E. Setliff property (recorded in Volume 370, page 353 and Volume 417, page 579 of the Hale County Deed Records) and being out of the Southwest part of Survey No. 28, Block JK-2, Hale County, Texas: 2 of 4 BEGINNING at a 3/8 inch steel rod found for the Northwest corner of Lot 128, RE-PLAT OF LOTS 110. - 123, WESTRIDGE PARK ADDITION, UNIT NO. 4, PLAINVIEW, HALE COUNTY, TEXAS, said rod being 658.46 feet S.89°57' E. (along the South line of said survey) and 911.91 feet N.0°04'24"E. (along the East line of said Setliff propoerty) from a 5/8 inch rod found for the Southwest corner of Survey No. 28, Block JK-2, Hale County, Texas; THENCE N.78°W. 153.32 feet to a set 1/2 inch rod; THENCE' N;. 0°04'24"E. 304.46 feet to a set 1/2 inch rod; THENCE N.37°39'34"W. 31.63 feet to a 1/2 inch steel rod; THENCE N.75°23'33"W. 188.42 feet to a 1/2 inch rod set in the North line of said Setliff Property for a common corner with 0.28 acre tract; THENCE S.89°55'36"E. 371.75 feet to a 5/8 inch rod found at the Northeast corner of said Setliff Property; THENCE S.0°04'24"W. 408.44 feet along the East line of said Setliff Property to the POINT OF BEGINNING. and is generally bounded by Westridge Road, N. 4th Street, Mesa Circle, Navasota Drive and Horseshoe Bend. SECTION II Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub- section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of fuli force and effect upon its passage and publication as required by law. PASSI~.D AND APPROVED this the 13th day of April, 1993. E.V. Ridlehuber, Mayor ATTEST: Kamen McBeth, City Secretary 13 3 of 4 APPROVED AS TO FORM: Wktly; Hat~h, City Attorney 4 of 4