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HomeMy WebLinkAbout87-2705ORDINANCE NO. 87-2705 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 549: Request of Mike McDonough, Director of Municipal Services, on behalf of the City of Plainview for rezoning of four tracts of land totaling 46.855 acres out of Survey No. 41, Block JK-2, Survey No. 42, Block JK-2, and the J.M. Pressler Homestead Survey from R-1 (Single-Family Residential) Zoning District to a C.G.B. (Commercial General Business) Zoning District and described as follows: TRACT 1: Being a 22.73 acre tract out of the east part of Survey No. 41, Block JK-2 and the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a 5/8 inch steel rod found for the southwest corner of Lot 14, Block 1, SUBDIVISION OF REESE PROPERTY LOCATED ON J.M. PRESSLER HOMESTEAD SURVEY, HALE COUNTY, TEXAS; Thence along the corporate limits of the City of Plainview, (Ordinance No. 72-1286) as follows: West 165.8 feet; S.50°43'05"W. 980.6 feet; N.39°16'55"W. 165 feet; S.50°43'05"W. 550 feet; S.39°16'55"E. 100 feet; N.50°43'05"E. 150 feet; S.39°16'55"E. 320 feet; N.50°43'05"E. 240 feet; S.79°43'E. 987.4 feet to a point in the west right of way line of Loop No. 445; Thence N.20~06'31"E. 96.31 feet (calculated) along said right of way line (parallel and 101 feet Westerly of the centerline of the south bound lane) to the southeast corner of the State of Texas D.P.S. tract; Thence along the south, west, and north lines of said D.P.S. tract as follows: N.79°09'07"W. 170 feet; N.10°50'53"E. 223.7 feet; S.89o25'07"E. 30 feet to a corner of a 1.349 acre tract; Thence along the west, south, west and north lines of said 1.349 acres tract as follows: N.0~33'53"E. 15 feet; N.89°25'07"W. 30 feet; N.0°33'53"E. 235 feet; S.89°25'07"E. 261.5 feet to a point in the west right of way line of said Loop 445; Thence Northeasterly an arc length of 487.53 feet along the west right of way line of said loop around a curve to the left having a radius of 2724.93 feet and a chord bearing N.5°09'24"E. 486.88 feet to a point of tangency; Thence N.0°02'33"E. 22.04 feet continuing along said right of way line to a point in the south line of said Lot 14; Thence S.89~52'53"W. 300.3 feet along the south line of said lot 14 to the POINT OF BEGINNING and containing 22.73 acres. T~AC~ 2: A 3.48 acres tract out of the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a point 1,768.6 feet N.0o33'E. and 149.78 feet east of the S.E. corner of Section 41, Block JK-2, Hale County, Texas; Thence East, 357.00 feet to a point in the west right-of-way line of U.S. Highway No. 87; Thence N.0Ol0'W., 649.62 feet to a point; Thence S.89~50'W., 109.27 feet to a point; Thence S.20°49'W., 694.61 feet to the place of beginning and containing 3.48 acres. T~ACT 3: Being approximately 8.18 acres out of the southeast part of Survey No. 41, Block JK-2, Hale County, Texas: BEGINNING at the southeast corner of Survey No. 41, Block JK-2, Hale County, Texas; Thence S.88~37'W. 517.1 feet along the south line of said survey to the intersection of the east right of way line of Loop No. 445; Thence N.20°49'E. 1481.1 feet along said right of way line to the intersection of the east line of said survey; Thence S.0~17'W. 1373.1 feet along the east line of said survey to the POINT OF BEGINNING and containing approximately 8.18 acres. T~ACT 4: A tract out of the Northeast part of the Northeast Quarter of section No. 42, Block JK-2, Hale County, Texas: BEGINNING at a 3/4 inch rod in the North line and 1531.7 ft. East of the NW corner of the NE 1/4 of Section No. 42, Block JK-2, Hale County, Texas, said point being the East right-of-way line of proposed Highway No. 87; Thence S.22°08'30'' W. along said proposed right-of-way a distance of 522.5 ft. to a 1-inch pipe set 50 feet from center of railroad spur line; Thence Southeasterly around a curve to the right and 50 ft. from said railroad, approximately 430 ft. to a 1-inch pipe. The chord of this curve bears S.16°03'E. 413.3 feet; Thence South 85~31'E. a distance of 122.3 ft. to a steel rod in North right-of-way of highway; Thence North 48~49'E. 694.4 ft. along highway right-of-way to a 1 1/4 inch pipe; Thence along highway right-of-way around a curve to the left and having a radius of 1840 ft., a distance of 520.8 ft. to a 1 1/4 inch pipe in the West line of highway; Thence North 89~46'30"W. along North line of said Section No. 42, a distance of 855 feet to the place of beginning, containing 12.465 acres; And being a total of 46.855 acres of land and located in the 900 through 2000 Blocks of South Highway 87 Business Route. WHEREAS, the proposed change in Zoning Districts as hereinafter made has 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 of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices provided by Article 1011F Vernon's Annotated Civil Statutes - Amended, 1953, and notice was duly published in the Plainview Daily Herald more than fifteen (15) days prior to the date of the Public Hearing according to said notice was duly held in the City Council Room of the City Hall, Plainview, 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; NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance No. 82-2478 and the Official Zoning Map be and the same are hereby amended as follows, to-wit: TRACT 1: Being a 22.73 acre tract out of the east part of Survey No. 41, Block JK-2 and the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a 5/8 inch steel rod found for the southwest corner of Lot 14, Block 1, SUBDIVISION OF REESE PROPERTY LOCATED ON J.M. PRESSLER HOMESTEAD SURVEY, HALE COUNTY, TEXAS; Thence along the corporate limits of the City of Plainview, (Ordinance No. 72-1286) as follows: West 165.8 feet; S.50°43'05"W. 980.6 feet; N.39o16'55"W. 165 feet; S.50o43'05"W. 550 feet; S.39~16'55"E. 100 feet; N.50~43'05"E. 150 feet; S.39o16'55"E. 320 feet; N.50°43'05"E. 240 feet; S.79~43'E. 987.4 feet to a point in the west right of way line of Loop No. 445; Thence N.20~06'31"E. 96.31 feet (calculated) along said right of way line (parallel and 101 feet Westerly of the centerline of the south bound lane) to the southeast corner of the State of Texas D.P.S. tract; Thence along the south, west, and north lines of said D.P.S. tract as follows: N.79°09'07"W. 170 feet; N.10o50'53"E. 223.7 feet; S.89o25'07"E. 30 feet to a corner of a 1.349 acre tract; Thence along the west, south, west and north lines of said 1.349 acres tract as follows: N.0o33'53"E. 15 feet; N.89o25'07"W. 30 feet; N.0~33'53"E. 235 feet; S.89~25'07"E. 261.5 feet to a point in the west right of way line of said Loop 445; Thence Northeasterly an arc length of 487.53 feet along the west right of way line of said loop around a curve to the left having a radius of 2724.93 feet and a chord bearing N.5°09'24"E. 486.88 feet to a point of tangency; Thence N.0o02'33"E. 22.04 feet continuing along said right of way line to a point in the south line of said Lot 14; Thence S.89°52'53"W. 300.3 feet along the south line of said lot 14 to the POINT OF BEGINNING and containing 22.73 acres. A 3.48 acres tract out of the 5.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING 'at a point 1,768.6 feet N.0°33'E. and 149.78 feet east of the S.E. corner of Section 41, Block 5K-2, Hale County, Texas; Thence East, 357.~00 feet to a point in the west right-of-way line of U.S. Highway No. 87; Thence N.0°10'W., 649.62 feet to a point; Thence S.89°50'W., 109.27 feet to a point; Thence S.20°49'W-, 694.61 feet to the place of beginning and containing 3.48 acres. TRACT 3: Being approximately 8.18 acres out of the southeast part of Survey No. 41, Block JK-2, Hale County, Texas: BEGINNING at the southeast corner of Survey No. 41, Block JK-2, Hale County, Texas; Thence S.88°37'W. 517.1 feet along the south line of said survey to the intersection of the east right of way line of Loop No. 445; Thence N.20o49'E. 1481.1 feet along said right of way line to the intersection of the east line of said survey; Thence S.0°17'W. 1373.1 feet along the east line of said survey to the POINT OF BEGINNING and containing approximately 8.18 acres. TRACT 4: A tract out of the Northeast part of the Northeast Quarter of Section No. 42, Block JK-2, Hale County, Texas: BEGINNING at a 3/4 inch rod in the North line and 1531.7 ft. East of the NW corner of the NE 1/4 of Section No. 42, Block JK-2, Hale County, Texas, said point being the East right-of-way line of proposed Highway No. 87; Thence S.22°08'30'' W. along said proposed right-of-way a distance of 522.5 ft. to a 1-inch pipe set 50 feet from center of railroad spur line; Thence Southeasterly around a curve to the right and 50 ft. from said railroad, approximately 430 ft. to a 1-inch pipe. The chord of this curve bears S.16°03'E. 413.3 feet; Thence South 85°31'E. a distance of 122.3 ft. to a steel rod in North right-of-way of highway; Thence North 48°49'E. 694.4 ft. along highway right-of-way to a 1 1/4 inch pipe; Thence along highway right-of-way around a curve to the left and having a radius of 1840 ft., a distance of 520.8 ft. to a 1 1/4 inch pipe in the West line of highway; Thence North 89~46'30"W. along North line of said Section No. 42, a distance of 855 feet to the place of beginning, containing 12.465 acres; And being a total of 46.855 acres of land and located in the 900 through 2000 Blocks of South Highway 87 Business Route. City of Plainview, Hale County, Texas, from an R-1 (Single Family Residential) to a C.G.B. (Commercial General Business) Zoning Dist rict. From the date of this Ordinance, said lot, tract and parcel of land described shall be and hereby be changed to the Zoning District indicated and the official Map is amended in accordance herewith. SECTION 2. A notice that a public hearing shall be held in the Council Chamber of the City Hall in Plainview, Texas, at 7:30 P.M., on the 9th day of June, 1987, to permit the public to be heard prior to consideration of this Ordinance was published in the Plainview Daily Herald, a daily newspaper of general circulation in the City of Plainview, Texas, said publication being more than fifteen (15) days prior to the time designated for said hearing. PASSED on first reading this, the 9th day of June, 1987. PASSED on second and final reading this, the 23rd day. of June, 1987. E.V. RIDLEHUBER, Mayor ATTEST: ~E~Y~OWEN, City Secretary .- / H.LnOS' Zone Case No. 549 46.855 acres out of Survey No. 41, Block JK-2, Survey No. 42, Block JK.,2, and the d. ~t. Pressler Homstead Survey and located in the 900 thru 2000 Blocks of South Hwy 87 Business RoUte