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HomeMy WebLinkAbout12308 ORD - 10/09/1974• • • RESTRICTION ON THE USE OF LAND THE STATE OF TEXAS II II KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES II a THAT WE, JOSEPH A. HANSLER, of the County of Nueces, Texas, B. R. WILLEFORD of the County of Bexar, Texas, and VAUGHN "BOWEN, of the County of Nueces, Texas, owners of the following lots, tracts or parcels of land particularly described as follows, to -wit: 4.444 acres, more or less, out of Lot 19, Section 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS as recorded in Volume A, Pages 41, 42 and 43, Map Records of Nueces County, Texas, and more particu- larly described by metes and bounds as follows: BEGINNING at a point in the Southeast boundary line of Lot 1, Block 1, WOODLAWN ESTATES I1, Unit 1, as recorded in Volume 16, Page 3, Map Records of Nueces County, Texas, from whence the most easterly corner of said Lot 1 bears North 29° 02' 00" East 35.00 feet; THENCE, South 61° 021 East along the Southwest line of a 55 -foot drainage easement, a distance of 260.00 feet to a point for corner; THENCE, South 291 021 West 744.55 feet to a point for corner; THENCE, North 600 581 West 260.00 feet to a point for corner; THENCE, North 290 021 00" East along the Southeast boundary line of Woodlawn Estates II, Unit 1, a distance of 744.55 feet to the POINT OF BEGINNING, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do by this instrument forever impress the above described lands with the following restrictions, to -wit: I. It is prohibited to erect or construct any struc- ture designed for residential usage, either single or multi - family, closer than forty -four feet (441) from the rear property line of lots fronting on Daly Drive. 2. It is prohibited for any structure to be moved from another location and erected on these lands. 3. There shall be erected on the rear property line of the lots having frontage on Daly Drive a screening fence of wood construction, not less than six feet (61) in heighth, and the removal of this fence is prohibited. /J -To F 4. The use of these lands for any other use, other than the uses hereinbelow enumerated, is prohi- bited. The non - prohibited uses are as follows: (a) A nursing home and /or home for the aged. (b) Multi - family living units provided there can be no more than forty (40) of said living units erected or constructed upon the said lands, and any number in excess of forty (40) living units is specifically prohibited. The above described prohibitions and restrictions on the use of the said lands are hereby declared to be covenants running with the said lands and forever binding on us and all persons, firms or corpora- tions hereafter acquiring all or any portion of said lands, and said covenants are herein specifically made enforceable by the City of Corpus Christi, Texas, a municipal corporation, acting under properly authorized authority. EXECUTED this 24, day of October, 1974. C�l�" Jo eph A. Hansler If B. Rn � /eford ugh Bow THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared JOSEPH A. HANSLER, 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 7T/, day of October, 1974. Notary�/Tub,lic in .and for Nueces County, T E X A S -2- THE STATE OF TEXAS COUNTY OF EEMtR NUECE5 BEFORE ME, the undersigned authority on this day personally appeared B. R. WILLEFORD, 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 fit, day of October, 1974. Notary ulZ is in -and for Her County, T E X A S N l{f;?ES THE STATE OF TEXAS II COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared VAUGHN BOWEN, known to me to be the person whose name is sub- scribed 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 October, 1974. Notary Ptiblim- in and for Nueces County, T E X A S DESOW,,, ;,AY DUNN - Notary Public in c. i. „cccc_ C ^cr,_ Texas MY CMMLsicv c; .Gras June 1, 197 -3- W O �; THE STATE OF TEXAS � II KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THAT WHEREAS, by instrument executed by J. HANSLER and B. R. WILLEFORD, dated September 15, 1971, recorded in Volume 140g, Pages 999 -1000, of the Deed Records of Nueces County, Texas, certain restric- tions were placed upon 13.4 acres, more or less, of land owned by us, more particularly described herein, and WHEREAS, such restrictions were made enforceable by the o' said lands an3 by the :ity of Corpus Christi, a municipal corporation, and WHEREAS, the zoning of said land has been changed by munici- pal ordinance a,id the undersigned, who are still owners of said land, and the City of Corpus Christi wish to remove the said restrictions presently on file and replace such with other restrictions, therefore, KNOW ALL MEN BY THESE PRESENTS: That J. Hansler and B. R. Willeford, owners of the hereinafter described tract of land, and the City of Corpus Christi, a municipal corporation, for good and valuable consideration, the receipt and sufficiency of which is hereby acknow- ledged does herein and hereby CANCEL, TERMINATE and VOID all of those certain restrictions and prohibitions as set out in instrument entitled "Restrictions" dated September 15, 1971, and recorded in Volume 1409, Pages 999 -1000, of the Deed Records of Nueces County, Texas, covering the following described property: 13.4 acres, more or less, out of Lots 19 and 20, Section 18, FLOUR BLUFF AND ENCINAL FARM AND GAR- DEN TRACTS, a Subdivision of Nueces County, Texas, and described by metes and - bounds as follows: BEGINNING at a point in the Southeast boundary line of Lot 1, Block 1, Woodlawn Estates II, Section I, as shown by map of record filed in Volume 16, Page 3 of the Map Records of Nueces County, Texas, for the most northerly corner of said Lot 1 bears North 29° 02' 00" East, 40 feet, more or less; THENCE, with the Southeast boundary line of said Block 1, South 29° 12' 00" West, 1200 feet; more or less, to the West corner of this tract; THENCE, South 611 00t 00" East, 940 feet, more or less, to the South corner of this tract; /J_ -go 9 • 0 0 THENCE, North 291 001 00" East, 400 feet, more or less, to the most easterly Southeast corner of this tract; THENCE, North 61° 001 00" West, 675 feet, more or less, to an inner corner of this tract; THENCE, North 29° 021 00" East, 800 feet, more or less, to the Southwest boundary line of a 55 foot wide easement for drainage and the most easterly Northeast corner of this tract; THENCE, with said boundary line North 61° 001 00" West,-260 feet, more or less, to the POINT OF BEGINNING. •' This cancelling, terminating and voiding of said restrictions ,1 -;it the said lands is he_ --ir an .._::'eby e °fective as of the execution of this instrument, to which witness our signatures. EXECUTED this Tcllk _ day of October, 1974. ATTEST: THE STATE OF TEXAS COUNTY OF NUECES CLn J. Hansler a"� R. Wi eford CITY OF CORPUS CHRISTI By_ R. Marvin Townse d BEFORE ME, the undersigned authority on this day personally appeared J. HANSLER, known to me to be the person whose name is sub- scribed 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 7tLL day of October, 1974• Notary Pub -icT and for Nueces County, T E X A S -2- i THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared B. R. WILLEFORD, 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 October, 1974. Notary! ubl c in ,Ind for Nvec�3 County, T E X A S THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the CITY OF CORPUS CHRISTI, a municipal corporation, 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, in the capacity therein stated and as the act and deed of the CITY OF CORPUS CHRISTI. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of October, 1974. Notary - Public in and ,�/�r Nueces County, T E X Ali S p.1RS. LOU VARM ±a..o.. . r .. ­9.. nrv, Tc�an -3- JRR:jkh:10 -8 -74; 1st . 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 JOSEPH A. HANSLER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 19 AND "A -2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. I?HEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF Joseph A. Hansler 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 Wednesday, October 2; 1974 , AT Special COUNCIL MEETING OF THE CITY COUNCIL IN 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 NO. 6106, AS AMENDED, BE AND THE SAME 15 HEREBY AMENDED BY MAKING THE CHANSE HEREINAFTER SET OUT. 12308 SECTION 2. That the zoning on the hereinafter described parcel or tract of land, containing approximately 8.249 acres, be and the same is hereby changed from "R -2" Multiple Dwelling District to "A -1" Apartment House District, and that the zoning on the hereinafter described parcel or tract of land, containing approximately 4.444 acres, be and the same is hereby changed from "R -2" Multiple Dwelling District to "A -2" Apartment House District: 8.249 acres, more or less, out of .Lots 19 and 20, Section 18, FLOUR BLUFF AND ENCINAL FARM AND GAR- DEN TRACTS as- recorded in Volume A, Pages 41, 42 and 43, Map Records of Nueces County, Texas, and more-�particularly described by metes and bounds as follows: BEGINNING at a point in the Southeast boundary line of Lot 1, Block 1, WOODLAWN ESTATES, UNIT 1, as re- corded in Volume 16, Page 3, Map Records of Nueces County, ^texas, from whence the most easterly corner of said Lot 1 .bears North 291 02' 00" East 35.00 feet; THENCE, South 61' 02' East along the Southwest line of ,a 55 -foot drainage easement a distance of 260.00 feet to a point; THENCE, South 29' 02' West 744.55 feet to a point; THENCE, North 60' 58' West 100.00 feet to a point for corner and point of beginning of tract; THENCE, South 29' 02' West.68.18 feet to a point for corner; THENCE, South 60' 58' East 753.3 feet to a point in the Northwest boundary line of Briarwood Subdivision Unit 1 as recorded in Volume 37, Page 42, Map Records of Nueces County, Texas, for corner; THENCE, South 29' 02' 30" West along the Northwest boundary line of Briarwood Subdivision Unit 1, 92.50 feet to the point of curve of a circular curve to the right having a central angle = 89' 58' 30", radius = 10.00 feet, tangent = 9.99 feet; THENCE., along said curve to the right a distance of 15.70 feet to the point of tangency; THENCE, South 29' 03' 30" West 50.00 feet to the point of curve of a circular curve to the right having a central angle = 89' 58' 00 ", radius = 10.00 feet; tangent = 9.99 feet; THENCE, along said curve to the right a distance of 15.70 feet to the point of tangency in the North boundary line of Briarwood Subdivision Unit 2, as recorded in Volume 38, Pages 110 and 111, Map Records of Nueces County, Texas; 0 • THENCE, South 290 001 00" West along the North boundary line of said Briarwood Subdivision Unit 2 • distance of 20.50 feet to the point of curve of • curve to the left having a central angle = 190, radius = 550.00 feet, tangent = 92.03 feet; THENCE, along said curve to the left a distance of 182.38 feet to the point of curve of a circular curve to the right having a central angle = 90° radius = 10.00 feet, .tangent = 10.00 feet, for corner; THENCE, along said curve to the left a distance of 15.71 feet to the point of curve of a circular curve to the right having a central angle = 19 °, radius = 226.00 feet, itangent = 37.82 feet,, for corner; THENCE, along said curve to the right a distance of 74.94 feet to the point of tangency; THENCE,.North 611 001 00" West at 10.21 feet pass the most easterly corner of Briarwood Subdivision Unit 3 as recorded in Volume 38, Pages 112 and 113, Map Records of Nueces County, Texas, continue along the Northeast boundary line of said Briarwood Subdi- vision Unit, 3, for a total distance of 556.84 feet to the point of curve of a circular curve to the right having a central angle = 16° 39' 52 ", radius= 500.00 feet, tangent = 73.22 feet; THENCE, along said curve to the right a distance of 145.42 feet'to the point of reverse curve of a curve to the left having a central angle = 16° 39' 5211, radius = 500.00 feet, tangent = 73.22 feet; THENCE, along said curve to the left a distance of 145.42 feet to the point of tangency; THENCE, North 610 00' 00" West 20.OG feet to a point in the Southeast boundary line of said Woodlawn Estates II, Unit 1, for corner; THENCE, North 290 021 00" East along the Southeast boundary line of Woodlawn Estates II, Unit 1, a dis- tance of 413.45 feet for corner; THENCE, South 600 581 East 160.00 feet to the point of beginning, and 4.444 acres, more or less, out of Lot 19, Section 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS as recorded in Volume A, Pages 41, 42 and 43, Map Records of Nueces County, Texas, and more particu- larly described by metes and bounds as follows: BEGINNING at a point in the Southeast boundary line of Lot 1, Block 1, WOODLAWN ESTATES II, Unit 1, as recorded in Volume 16, Page 3, Map Records of Nueces County, Texas, from whence the most easterly corner of said Lot 1 bears North 29° 02' 00" East 35.00 feet; THENCE, South 61° 02' East along the Southwest line of a 55 -foot drainage easement, a distance of 260.00 feet to a point for corner; THENCE, South 29° 02' West 744.55 feet to a point for corner; THENCE, North 600 58' West 260.00 feet to a .point for corner; THENCE, North 29° 02' 00" East along the Southeast boundary line of :•Joodlawn Estates II, Unit 1, a distance of 744.55 feet to the POINT OF BEGINNING. 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 14. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS A14ENDED 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 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF �O ATTEST• C $ECRE TAA MAYOR AP VED: THE CITY OF CORPUS CHRISTI, 4TES DAY F f 7 %,CITY A oRNEY Corpus Christi, Texas day of , 19-44'r 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 is 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 7 The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev.'Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark