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HomeMy WebLinkAbout10863 ORD - 05/17/1972JRR :RWC:vmp 5/15/72 :2nd 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 RAYMOND N. SIMS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 10.271 -ACRE PORTION OF LOTS 24 AND 25, SECTION 55, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" SINGLE- FAMILY DWELL- ING DISTRICT TO "T -1" TRAVEL TRAILER PARK, MOBILE HOME PARK AND MOBILE HOME SUBDIVISION ZONING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. - - WHEREAS, ,,the,P.lanning Commission has - ,forwarded ,to the City Council its reports and recommendations concerning the application of Raymond N. Sims 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 April 10, 1972, at Special Council Meeting of the City Council at Flour Bluff High School 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, 19371 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 No. 6106, as amended, be, and the same is hereby, amended by making the change hereinafter set out. 10863 3, JRR:RWC:Vmp 5/15/72:2nd SECTION 2. That the zoning on the hereinafter described tract of land consisting of approximately 10.27 acres, more or less, out of Lots Twenty -Four (24) and Twenty -Five (25), Section Fifty -Five (55), Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, and described by metes and bounds as follows, to -wit: A tract containing 10.271 acres out of Lots 24'and 25, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, recorded in Vol. A, pages 41 -43, M. Records, Nueces County, Texas, further described by metes and • bounds as follows: Beginning at the most Northerly corner of Lot 25, Section 55, of said Flour Bluff & Encinal Farm & Garden Tracts; Thence -in a. southeasterly direction along the - Northeast boundary line of said Lot 25 and Lot 24, Section 55, for a distance of 877.66 feet; Thence in a Southwesterly direction parallel with the Northwest boundary line of said lots for a distance of 624 feet; Thence in a Northwesterly direction parallel with the Northeast boundary line of said lots for a distance of 877.69 feet to a point on the Northwest boundary line of said Lot 25; Thence in a Northeasterly direction along the Northwest boundary line of said Lot 25, a distance of 624 feet to the place of beginning; Save and except that certain 2 -acre tract out of the Northwest corner of said Lot 25, known as the Gallagher Tract and described in deed recorded in Vol. 464, page 242, Deed Records of Nueces County,-Texas, said 2 acres presently owned by the VFW; leaving a net of 10.271 acres, be changed from "R -1B" Single - Family Dwelling District to "T -1" Travel Trailer Park, Mobile Home Park and Mobile Home Subdivision Zoning 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. -2- y SECTION 5. That all ordinances or parts of ordinances in con- flict herewith are hereby expressly repealed. 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 the date of its introduction and take effect and be in full force and effect fromt ndD after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /i %x 0.i day of May, 1972. ATTEST- � O � City Secret ry YOR APPROVED: THE CITY OF CORP RISTI, TEXAS / DAY OF dds'�.City Attorney JRR:RWC:vmp:5 /9/72:lst RESTRICTIVE COVENANT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That Raymond N. Sims of the County of Nueces, $tate of Texas, as owner of the hereinafter described tract of land consisting of approximately 10.27 acres, more or less, out of lots Twenty -Four (24) and Twenty -Five (25), Section Fifty -Five (55), Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, and described by metes and bounds as follows, to -wit: A tract containing 10.271 acres out of Lots 24 and 25, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, recorded in Vol. A, pages 41 -43, M. Records, Nueces County, Texas, further described by metes and bounds as follows: Beginning at the most Northerly corner of Lot 25, Section 55, of said Flour Bluff & Encinal Farm & Garden Tracts; Thence in a Southeasterly direction along the Northeast boundary line of said Lot 25 and Lot 24, Section 55, for a distance of 877.66 feet; Thence in a Southwesterly direction parallel with the Northwest boundary line of said lots for a distance of 624 feet; Thence in a Northwesterly direction parallel with the Northeast boundary line of said lots for a distance of 877.69 feet to a point on the Northwest boundary line of said Lot 25; Thence in a Northeasterly direction along the Northwest boundary line of said Lot 25, a distance of 624 feet to the place of beginning; Save and except that certain 2 -acre tract out of the Northwest corner of said Lot 25, known as the Gallagher Tract and described in deed recorded in Vol. 464, page 242, Deed Records of Nueces County, Texas, said 2 acres presently owned by the VFW; leaving a net of 10.271 acres, does hereby impress all of the property described above with the following restrictions: 1. No buildings or residences shall be erected or constructed upon any part of the above described lands excepting in conformity with the requirements set out in the Zoning Ordinance of the City of Corpus Christi and described therein as "T -1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision Regulations. 2. That so long as the herein described lands are used for any purpose permitted by the "T -1" Zoning District regulations, said lands shall not be subdivided into two (2) or more lots unless approval for such subdi- vision be granted by the City Council. 3. These restrictions and covenants are hereby declared to be covenants running with the land and shall be fully binding on any person or persons acquiring said lands whether by descent, devise, purchase, or other- wise, and any person by the acceptance of title to said herein described lands shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. 4. If the party hereto, or his heirs, successors, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the City of Corpus Christi to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenant, and either prevent him from so doing, or to recover damages or dues for such violation. Executed at Corpus Christi, Texas, on this the day of May, 1972. Raymond N. Sims THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Raymond N. Sims, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE,_this the day of May, 1972. Notary Public in and for Nueces County, Texas CORPUS CHRISTI, TEXAS +/ DAY OF / /l-.� j9 �,/ V 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 AND 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. l c ESPE TFULLY� MAYOR THE CITY OF C PUS HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWII G VOTES RONNIE SIZEMORE CHARLES A. BONNIWELL / ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. - - -C REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. / J. HOWARD STARK JRR:RWC:vmp:5 /9/72:1st RESTRICTIVE COVENANT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That Raymond N. Sims of the County of Nueces, State of Texas, as owner of the hereinafter described tract of land consisting of approximately 10.27 acres, more or less, out of lots Twenty -Four (24) and Twenty -Five (25), Section Fifty -Five (55), Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, and described by metes and bounds as follows, to -wit: A tract containing 10.271 acres out of Lots 24 and 25, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, recorded in Vol. A, pages 41 -43, M. Records, Nueces County, Texas, further described by metes and bounds as follows: Beginning at the most Northerly corner of Lot 25, Section 55, of said Flour Bluff & Encinal Farm & Garden Tracts; Thence in a Southeasterly direction along the Northeast boundary line of said Lot 25 and Lot 24, Section 55, for a distance of 877.66 feet; Thence in a Southwesterly direction parallel with the Northeast boundary line of said lots for a distance of 624 feet; Thence in a Northwesterly direction parallel with the Northeast boundary line of said lots for a distance of 877.69 feet to a point on the Northwest boundary line of said Lot 25; Thence in a Northeasterly direction along the Northwest boundary line of said Lot 25, a distance of 624 feet to the place of beginning; Save and except that certain 2 -acre tract out of the Northwest corner of said Lot 25, known as the Gallagher Tract and described in deed recorded in Vol. 464, page 242, Deed Records of Nueces County, Texas, said 2 acres presently owned by the VFW; leaving a net of 10.271 acres, does hereby impress all of the property described above with the following restrictions: 1. No buildings or residences shall be erected or constructed upon any part of the above described lands excepting in conformity with the requirements set out in the Zoning Ordinance of the City of Corpus Christi and described therein as "T -1" Travel Trailer Park, Mobile Home Park,'and Mobile Home Subdivision Regulations. N V� 2. That so long as the herein described lands are used for any purpose permitted by the "T -1" Zoning District regulations, said lands shall not be subdivided into two (2) or more lots unless approval for such subdi- vision be granted by the City Council. 3. These restrictions and covenants are hereby declared to be covenants running with the land and shall be fully binding on any person or persons acquiring said lands whether by descent, devise, purchase, or other- wise, and any person by the acceptance of title to said herein described lands shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. a 4. If the party hereto, or his heirs, successors, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the City of Corpus Christi to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenant, and either prevent him from so doing, or to recover damages or dues for such violation. /�e Executed at Corpus Christi, Texas, on this the 7 day of May, 1972. Raymg4d N. Sims THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Raymond N. Sims, 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. I GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the dal% qf_ , May, 1972. Notary Pubfid in and !/ Nue s County, Texas I ,,,,, x K L 5 6la 00, E C uj s e t [[r ° .lu/. is