HomeMy WebLinkAbout19087 ORD - 11/12/1985AN ORDINANCE
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES
ASSOCIATES, LTD. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A
SHOPPING CENTER WITH CERTAIN CONDITIONS ON BLOCK 8, CULLEN
PLACE UNIT 1 SUBDIVISION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations concerning the application of Nueces Associates,
Ltd., for amendment to the zoning map of the City of Corpus Christi;
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 Tuesday, November 5, 1985, at Regular
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, is amended by making the change hereinafter set out.
SECTION 2. That a Special Council Permit be granted on Block 8,
Cullen Place Unit 1 Subdivision, situated in the City of Corpus Christi, Nueces
County, Texas, for a shopping center with certain conditions listed below and
according to the site plan, a copy of which is attached hereto and made a part
hereof, marked Exhibit "A", and subject to all other considerations of "R-1"
One -family Dwelling District:
(1) An eight (8) foot brick fence will be constructed along
the entire property line of Block 8 that abuts residential
lots in the Cullen Place Unit 1 Subdivision;
(2) A ten (10) foot buffer area will be maintained between
the developer's brick fence and the service drive;
(3) The buffer area will be planted with shade trees,
excluding any palm trees, and will function as a visual and
sound buffer;
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19mm MICROFILMED
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(4) The service drive will be designated "one way" in the
direction beginning at Airline Road and ending at McArdle
Road;
(5) No alcohol or food will be served in any retail
establishment nor will any retail establishment be allowed
to remain open 24 hours a day;
(6) No retail store identification signs will be placed on
the rear (above 8 feet) or side of the buildings or placed
so that the sign would project above the maximum roof line
of the building or be visible to the adjacent homeowners;
(7) All trash would be placed in containers in designated
trash areas with pick-up of said trash occurring during
normal business hours (9 a.m. - 6 p.m.);
(8) No business that creates strong offensive odors, fume
or dust, or permits loud or shrill sounds;
(9) No catering halls, theatre, movie theatre, off-track
betting parlor, bars, night clubs, discotheques, bowling
alleys, head shops, car washes, auto body shops, amusement
centers, billiard parlor, funeral parlor, automobile
dealership, skating rink, adult book store, or
establishments selling, exhibiting, or distributing
pronographic or obscene materials, massage parlor, or used
goods store;
10) No deliveries except during normal business hours
9 a.m. - 6 p.m.).
In the event the Board of Adjustment grants any special exception or
variance to the Zoning Ordinance, applicable to the Special Permit herein
granted, other than the one specified in this Special Permit, said Special
Permit shall be void and of no force and effect whatsoever.
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 conflict
herewith are hereby expressly repealed.
SECTION 6. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by granting the aforesaid zoning
change, such finding of an emergency is made and declared requiring
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suspension of the Charter rule as to consideration and voting upon ordinances
or resolutions at three regular meetings so that this ordinance is passed and
shall take effect upon first reading as an emergency measure this the 12th day
of November, 1985.
ATTEST:
City Secretar MAYOR
APPROVED: % DAY OF NOVEMBER, 1985
Assistant City //ney
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THE CIT OF CORPUS CHRISTI, TEXAS
•
Corpus Christi, Texas
/Z day of
983
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, . Respectfully,
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
Council Members
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
RESTRICTIVE COVENANTS
COVENANTS
THE STATE OF TEXAS
COUNTY OF NUECES
NUECES ASSOCIATES, LTD., a Texas limited partnership, hereinafter
called "Nueces", being the owner of that certain tract of land lying adjacent
to the southeast corner of the intersections of McArdle Road and Airline. Road
in the City of Corpus Christi, Nueces County, Texas, and more particularly
described as follows, to -wit:
BEGINNING at a point on the north right-of-way line of
McArdle Road, which beginning point is also the southwest
corner of Lot 1, Block 1, of Cullen Place, Unit I, a sub-
division of the City of Corpus Christi, Nueces County,
Texas, as shown by the map or plat thereof on file and of
record in Volume 17, Page 38, Map Records of Nueces County,
Texas; THENCE north 2'28' east a distance of 483.43 feet to
a point on the west line of Lot 9, Block 1, of the said
Cullen Place, Unit I, said point being also the southeast
corner of Block 8 of the said Cullen Place, Unit I; THENCE
north 60'56'38" west 493.27 feet to a point on the east
right-of-way line of Airline Road, said point also being
the southwest corner of Block 8 of Cullen Place, Unit I;
THENCE in a southerly direction along the right-of-way line
of Airline Road to a point where the east right-of-way line
of Airline Road intersects the north right-of-way line of
McArdle Road; THENCE in a southeasterly direction along the
north right-of-way line of McArdle Road to the PLACE OF
BEGINNING; said tract of land containing 4.9 acres, more or
less;
does hereby ESTABLISH, ADOPT and IMPOSE on said tract of land the following
restrictions, conditions and use limitations which shall constitute a covenant
running with the land and shall be binding upon Nueces, its successors and
assigns, and shall inure to the benefit of all persons now owning or hereafter
acquiring real property in Cullen Place, Unit I, a subdivision of the City of
Corpus Christi, Nueces•County, Texas.
Nueces agrees to make reference to this instrument in any future
deed conveying said 4.9 -acre tract of land or any portion thereof. Each
person, firm or corporation hereafter acquiring said above described 4.9 -acre
tract of land, or any portion thereof, whether by purchase, descent, devise,
gift or otherwise, by the acceptance of title to same, shall agree and covenant
to abide by and perform the terms, conditions, restrictions and covenants as
set forth herein•whether or not this instrument is referred to therein.
PRICHARD. PEELER. CARTWRIGHT & HAL{•
ATTORNEYS AT LAW
¢"aTC 140. D"ARANTT PLAZA
CORPUS CHRISTI. TEXAS 78475
Recorded January 90 1986
County Clerk File No. #471699
II.
Prior to the time said above described 4.9 -acre tract of land is put
to B-1 Business uses as that term is defined by the Zoning Ordinance of the
City of Corpus Christi, Texas, Nueces will, in accordance with City of Corpus
Christi Ordinance No. 19087 approved by the City Council of the City of Corpus
Christi, Texas, on November 12, 1985, erect an 8 -foot high brick screening
fence on Nueces' side of the eastern boundary line of said 4.9 -acre tract of
land, which eastern boundary line is described as follows:
BEGINNING at a point on the north right-of-way line of
McArdle Road, which point is also the southwest corner of
Lot 1, Block 1, Cullen Place, Unit 1, a subdivision of the
City of Corpus Christi, Nueces County, Texas, as shown by
the map or plat thereof on file and of record in Volume 17,
Page 38, Map Records of Nueces County, Texas; THENCE north
2'28' east a distance of 483.43 feet to the point of termi-
nation on the west line of Lot 9, Block 1, of the said
Cullen Place, Unit I, said termination point being also the
southeast corner of Block 8, Cullen Place, Unit I.
During the time the Special Council Permit granted by said Ordinance No. 19087
is in effect, any required maintenance of said screening fence shall be
performed by the persons, firms or parties who are at that time the owner or
owners of said 4.9 -acre tract of land, with the cost of same to be borne by
said owners on a prorata basis according to the percentage of the surface area
of said 4.9 -acre tract of land they own.
III.
These restrictions, conditions, use limitations and covenants herein
set forth shall continue and be binding upon Nueces, its successors and
assigns, for a period of twenty-five (25) years from the date hereof unless
terminated as hereinafter provided. At the expiration of said term of twenty-
five (25) years above set out, such restrictions, conditions, use limitations
and covenants shall automatically be extended for an additional ten (10) year
period, and for successive periods of ten (10) years thereafter unless same are
nullified as hereinafter provided. These restrictions, conditions, use limita-
tions and covenants may be earlier terminated in the event the owners of one
hundred percent (100%) of the lots located in Blocks 1 and 2 of Cullen Place,
Unit I. a subdivision of the City of Corpus Christi, Nueces County. Texas, as
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shown by the map or plat thereof on file in Volume 17, Page 38, Map Records of
Nueces County, Texas, acknowledge in an agreement in writing that they desire
to terminate the terms of this instrument and file same in the office of the
County Clerk of Nueces County, Texas, or in such office as conveyances of real
estate then may be required to be filed, and then and thereafter the restric-
tions, conditions, use limitations and covenants set forth in this instrument
shall be null, void and of no further force and effect.
IV.
The restrictions herein set forth shall be binding upon Nueces, its
successors and assigns, and all parties claiming by, through or under it, and
all subsequent owners of said 4.9 -acre tract of land or any portion thereof,
each of whom shall be obligated and bound to observe the terms of this instru-
ment; provided however, that no such owner shall be liable except with respect
to breaches committed during his or their ownership of said property. The
violation of any term or provision of this instrument shall not operate to
invalidate any mortgage, deed of trust or other lien acquired and held in good
faith against said 4.9 -acre tract of land or any portion thereof, but such
liens shall be enforced as against any such land subject nevertheless to the
terms of this instrument. Each and every owner of any lot or lots in the said
Cullen Place, Unit I, shall have the right to enforce observance or performance
of the provisions of this instrument. If any person violates or attempts to
violate any term or provision of this instrument, it shall be lawful for any
person owning any lot in said Cullen Place, Unit I, to prosecute proceedings at
law or in equity against the person violating or attempting to violate any term
or provision of this instrument.
EXECUTED this 'f( ,day of
, 1986.
NUECES ASSOCIATES, LTD.
BY: (1;0304 e
-3-
John C. Tatum, General Partner
By:
Stephlik, General Partner
By:
Thos. F. Hodge, JC, General Partner
THE MATE OF TEALS
COUNTY OF NUDGES
BEFORE ME, the undersigned authority, on this day personally appeared
JOHN C. TATUM, General Partner of NUKES ASSOCIATES, LTD., a Texas limited part-
nership, known to me to be the person whose name is subscribed to the foregoing
document, and acknowledged tome that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act
and deed of said limiter] partnership. /,
GIVEN UNDER MY BAND AND SEAL OF OFFICE this Pk day of
1986.
THE STATE OF TECHS
*
otaryry• c for tSttat� Texas
Print Name: - { .e/;€7, S. PO r.-1
My Camuission Expires: ,o- 7- 7
COUNTY OF NUDGES
BEFORE ME, the undersigned authority, on this day personally appeared
STEPHEN COSLIK, General Partner of NIECES ASSOCIATES, LTD., a Texas limited
partnership, known tome to be the person whose name is subscribed to the
foregoing document, 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 said limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this P� day o
1986.
-4-
NoEary public or to tate o Texas
Print Name: 10;,;a 5. Fur -el
My Caumission Expires: /4,-1-e7
THE STATE OF TEXAS *
=wry OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
THOS. F. HOCGE, JR., General Partner of NUECFS ASSOCIATES, LTD., a Texas limited
partnership, known tome to be the person whose name is subscribed to the
foregoing document, and acknowledged to me that he executed the same for the
purposes and assideration therein expressed, in the capacity therein stated,
and as the act and deed of said limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Q "4 day of
1986.
-5-
Nbtar Pubor o Texas
Print Name: -P4Pri ie _S rerel
My Commission Expires: in_ T_ 8�