HomeMy WebLinkAbout12308 ORD - 10/09/1974•
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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
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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.
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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;
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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