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Home My WebLink About10639 ORD - 12/29/197112/13/71 Mc AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. C. PETERSON, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 1, 2 AND 3 BLOCK 1, KOOLSIDE ADDITION, SITUATED IN THE CITY O, F CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO B -1 NEIGHBORHOOD BUSINESS KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF E. C. PETERSON, TRUSTEE FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON DECEMBER 8, 1971 , AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL A N THE COUNCIL CHAMBER AT CITY HALL-IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY OF CORPUS CHRISTI AND ITS CITIZENS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 10639 SECTION 2. THAT THE ZONING OF ALL OF LOTS 1, 2 AND 3, BLOCK 1, KOOLSIDE ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE AND THE SAME IS HEREBY CHANGED FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF -CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALVD. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON TIC DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS P AGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE _d(,I.__DAY OF ATTEST- CITY SECRETA �2 MAYOR IF APPROV D: THE CITY OF CORP RIST1, TEXAS 2 DA 0 4w ITY ATTORNEY A, COORRPUUSS CHRISTI, TEXAS t_-4 AY OF Q _, I9__zj' TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY A14D IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPEC LLY, . a D MAYOR THE CITY OF CORP HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE S ORE CHARLES A. . BONNI4fE LL ROBERTO BOSwUEZ, M.D. REV. HAROLD T. BRANCH ZIA THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK &1 ?0 RESTRICTION'' THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECESQ THAT I, E. C. Peterson, Trustee, for valuable consideration as owner of the following described tract or parcel of land, situated in Nueces County, Texas, to -wit: Lots 1, 2, & 3, Block 1, Koolside Addition to the City of Corpus Christi, Nueces County, Texas, according to the plat or map thereof on file in the Map Records of Nueces County, Texas, do hereby impress upon such property the following restriction, to -wit: 'The above described property at the intersection of Airline and McArdle Roads shall not be used as a gasoline service station site.,, This restriction is hereby declared to be a covenant running with the land and shall be fully binding on all persons acquiring such property, whether by decent, de- vise, purchase or otherwise, and any person by the acceptance of title to said property shall thereby agree to abide by and fully perform the foregoing restriction. If any person or persons shall violate or attempt to violate the restriction herein contained, it shall be lawful for the City of Corpus Christi to prosecute proceedings at law or in equity against the person violating or attempting to violate such restricion, This restriction is in correction of, and in substitution for, that restriction on the above described property dated December 21, 1971, which was filed as instrument number 867568 in the office of the County Clerk of Nueces County, Texas. WITNESS the execution hereof on the 28th day of December, 1971. /E. C. Peterson, Trustee THE STATE OF TEXAS Q COUNTY OF NUECESQ BEFORE ME, the undersigned authority, on this day personally appeared E. C. PETERSON, Trustee, known to me to be the person whose name is subscribed to, the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the aP9Z day of December, 1971. :! Ho��LU°fD07TIEHALL Comb. Z.., Notary Public in and for Nueces County, Texas. t.. ,1�. RESTRICTION THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECESQ 1--e- ir-.vn /!Np U94- #i1 Car — Ivex.f716,;� THAT I, E. C. Peterson, Trustee, as owner of the following described tract or parcel of land, situated in Nueces County, Texas, to -wit: Lots 1, 2, & 3, Block 1, Koolside Addition to the City of Corpus Christi, Nueces County, Texas, according to the plat or map thereof on file in the Map Records of Nueces County, Texas, do hereby impress upon such property the following restriction, to -wit: "The corner of`the_above described propertyiat the intersection of Airline and McArdle Roads rr �? (shall not be used as _a gasoline' service station _aite� ry This restriction is hereby declared tube a covenant running with the land and u shall be fully binding on all persons acquiring such property, whether by decent, s devise, purchase or otherwise, and anpenson ' tthe y,_ acceptance of title to said pro- perty shall thereby agree to abide by and fully perform the foregoing restriction. If any person or persons shall violate or attempt to violate the restriction here- in contained, it shall be lawful for the City of Corpus Christi to prosecute proceedings at law or in equity against the person violating or attempting to violate such restriction. WITNESS the execution hereof on this 21 st day of December, 1971. K r . PETERSON, TRUSTEE THE STATE OF 'IF.,XAS 0 COUNTY OF NUECES Q BEFORE ME, the undersigned authority, on this day personally appeared E. C. PETERSON, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the .&,I&1`day of December, 1971. - DDTfIE HALL 0� FoW7 Pnblfc is and for NUMB Oomry. Tess& Notary Public in and for Nueces County, Texas. a� � l o b 3 H011214 14ACE1467 RESTRICTION 86 !S&s THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: C'OUNTY'',,OF NUECES 0 -c THAT 'I, E. C. Peterson, Trustee, as owner of the following described tract or parcel'pof land, situated in Nueces County, Texas, to -wit: Lots 1, 2, & 3, Block 1, Koolside Addition to the City of Corpus Christi, Nueces County, Texas, according to the plat or map thereof on file in the Map Records of Nueces County, Texas, do hereby impress upon such property the following restriction, to -wit: "The corner, of the above described property at the intersection of Airline and McArdle Roads " shall not be used as a gasoline ser_vic`e'station site." 1y r' ve This restriction is hereby declared to be a covenant running with the land and shall be fully binding on all persons acquiring such property, whether by decent, devise, purchase or otherwise, and any person by the acceptance of title to said pro- perty perty shall thereby agree to abide by and fully perform the foregoing restriction. If any person or persons shall violate or attempt to violate the restriction here- in contained, it shall be lawful for the City of Corpus Christi to prosecute proceedings at lapw or in equity against the person violating or attempting to violate such restriction. WITNESS the execution hereof on this 21 st day of December, 1971. /E, --.'PETERSON, TRUSTEE, THE STATE OF TF.rXAS 0 COUNTY OF NUECES0 BEFORE ME, the undersigned authority, on this day personally appeared E. C. PETERSON, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of December 1971. `l l' P041 r DornF HALL * = "�� T♦ / U/ 4LZG {i "7�C�/ / NQWT RRWCIn and Tor Nneme Cbent 'tts ,, Notary Public in and for Nueces County, Texas. DEED RECORDS' V0L1418 PAGIE181