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HomeMy WebLinkAbout022442 ORD - 12/19/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 35 ACRES OUT OF MARIANO L. DE HERRERA GRANT AND 65 ACRES OUT NUECES RIVER IRRIGATION PARK ANNEX NO. 1 BY ZONING OF NEWLY ANNEXED AREA TO "F -R" FARM -RURAL DISTRICT ON TRACT A5.1, "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT A5.2 AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT A5.3; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, November 15, 1995, during a meeting of the Planning Commission and on Tuesday, December 19, 1995, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that 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 35 acres out of Mariano L. de Herrera Grant and 65 acres out of Nueces River Irrigation Park Annex No. 1, bound by the Nueces River on the north, existing City limits on the east, Farm to Market Road 624 on the south and existing City limits on the west, be zoned an "F -R" Farm -Rural District on Tract A5.1, "R -1B" One -family Dwelling District on Tract A5.2 and "B-1" Neighborhood Business District on Tract A5.3, metes and bounds attached as Exhibit A. 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, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. nh952830.390/C 1195-3A December 8, 1995 t 11?'.) 4ii2 2 SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is pissed and s}ta11 t effect upon first reading as an emergency measure this the / 4.4 day of b7i6 , 1995. ATTEST: MAYO 4C, THE THE CITY OF CORPUS CHRISTI APPROVED THIS THE 8th DAY OF December, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: aredase- Altd rrbert J. Hart, Assistan 4 : Attorney nh952830.390/C 1195-3A December 8, 1995 1 3 Corpus Christi, Texas day of f -ebi, ,J , 1995. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ❑h952830.390/C1195-3A December 8, 1995 09 )442 4 METES AND BOUNDS Case No. C1195 -3A TRACT A5.1 A tract containing 35.07 acres, more or less, out of a 400 acre tract of the Mariano L. de Herrera Grant, Abstract 606; said 400 acre tract conveyed by Bess L. Hurt, et vir, to Nina G. Stewart, widow, by Deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas; BEGINNING at the southwest corner of this tract, from which corner the northeast corner of Lot 41, Block 1, Wood River Unit 5, a map of which is recorded in Volume 48, Pages 118 and 119, Map Records of Nueces County, Texas, bears south 17° 06'15" west, 474.27 feet, then north 73° 00'40" west, 360.51 feet to the northwest corner of a 102.62 acre tract known as Riverhills Country Club and thence south 16° 56'20" west, 226.32 feet; THENCE north 17°06'15" east, 1,066.68 feet, more or less, to a point on the south low water line of the Nueces River (the present city limit line), for the northwest corner of this tract; THENCE easterly along the meanders of the low water line of said Nueces River, to the northwest corner of existing Hazel Bazemore County Park, for the northeast corner of this tract; THENCE south 09°50'45" west, along said west boundary line of existing Hazel Bazemore County Park, 1,315.68 feet, more or less, for the southeast corner of this tract; THENCE north 72°18'52" west, 1,097.86 feet, more or less, for an inside corner of this tract; THENCE north 84°54'24" west, 243.52 feet, more or less, to the POINT OF BEGINNING. EXHIBIT A 5 TRACT A5.2 A tract containing 64.60 acres, more or less, out of Annex No. 1 to the Nueces River Irrigation Park, a map of which is recorded in Volume A, Page 55, Maps Records, Nueces County, Texas, said 64.60 acre tract is out of a 77.5 acre tract described by deed to Audry Smith Bagnall and recorded in Volume 250, Page 317, Deed Records, Nueces County, Texas, said 64.60 acre tract, more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found in an easterly boundary line of a Nueces County Water Control and Improvement District No. 3 Canal Tract described by deed recorded in Volume 137, Page 475, said Deed Records, for the westernmost corner of the tract herein described and northernmost corner of a 2.75 acre tract of land granted to Ernest A. And Doris Nell Bagnall by deed recorded in Volume 1066, Page 271, said Deed Records, said westernmost corner bears north 10°48'34" east 298.28 feet from a highway department monument found in the northeast right-of- way line of Farm to Market Road 624, the present southwest corner of said tract granted to Ernest A. And Doris Nell Bagnall; THENCE along the easterly boundary lines of said Canal Tract as follows: North 09°33'21" east 301.52 feet to a 3/4" iron rod found for a southwesterly inside corner of this tract, and South 80°55'34" east 35.19 feet to a 4" pipe found for another interior southwest comer of this tract; THENCE along an easterly boundary line of said Canal Tract north 10°03'26" east 1,552.81 feet to a 3/4" iron rod found for the most westerly northwest comer of this tract; THENCE north 32°41'05" east 56.72 feet along an interior northerly boundary line of said Canal Tract to a 3/4" iron rod found for the most northerly northwest corner of this tract; THENCE along southerly boundary lines of northeasterly portion of said Canal Tract as follows: North 85°01'03" east 744.39 feet to a 5/8" iron rod set for northerly interior corner of this tract, and North 70°35'33" east 476.29 feet to a 2" axle found for northeasterly corner of this tract; EXHIBIT A 6 THENCE along a southerly boundary line of said northeasterly portion of Canal Tract north 65°08'49" east 200.43 feet to a 5/8" iron rod found for the northeast corner of this tract, said northeast comer being in the east boundary line of said Annex No. 1 to the Nueces River Irrigation Park and bearing south 09°51'00" west 70.39 feet from a 5/8" iron rod found for the westernmost corner of Lot 11, Block 7, River Canyon Unit 2, a map of which is recorded in Volume 48, Page 147, said Map Records; THENCE along said east boundary line of Annex No. I to the Nueces River Irrigation Park east 10°04'23" west 1,619.07 feet to a 5/8" iron rod found for the easterly corner of this tract and northwest corner of a Calallen Independent School District tract of land; THENCE along said easterly boundary line of Annex No. 1 to the Nueces River Irrigation Park, being the northwest boundary line of said Calallen Independent School District tract, south 09°51'00" west 726.89 feet to a 5/8" iron rod set for the southeast corner of this tract and easternmost corner of Lot 1, Block 1, Coastal Bend Subdivision, a map of which is recorded in Volume 47, Page 85, said Map Records; THENCE north 84°19'59" west along the northeast boundary line of said Lot 1, Block I, Coastal Bend Subdivision, 560.86 feet for the northernmost corner of said Lot 1, Block 1, Coastal Bend Subdivision and an inside corner of this tract; THENCE along the northwest boundary line of said Lot 1, Block 1, Coastal Bend Subdivision, south 10°05'06" west, 99.91 feet, more or less, to a corner on the present city limit line, a point 200 feet from and north of the north right-of-way line of existing 150 foot wide Farm to Market Road 624, for a southeasterly outside corner of this tract; THENCE westerly along said present city limit line, a line 200 feet north of and parallel to the north right-of-way line of existing 150 foot wide Farm to Market Road 624, 792.20 feet, more or less, to a point on aforesaid easterly boundary line of the Nueces County Water Control and Improvement District No. 3 Canal Tract, for the southwest corner of this tract; THENCE northerly along said easterly boundary line of the Nueces County Water Control and Improvement District No. 3 Canal Tract, 98.28 feet, more or less, to the point of BEGINNING. SAVE AND EXCEPT TRACT A5.3, a portion of A5.2 recommended for a `B-1" Neighborhood Business District and described as follows; A tract containing 1.02 acres, more or less, located north of an adjacent to the present city limit line at Farm to Market Road 624 and County Road 69 and west of and adjacent to Lot 1, Block 1, Coastal Bend Subdivision and more particularly described by metes and bounds as follows; BEGINNING at a corner on the present city limit line, the northwest corner of said Lot 1, Block 1, Coastal Bend Subdivision, for the northeast corner of this tract; EXHIBIT A 7 THENCE southerly along the west line of said Lot 1, Block 1, Coastal Bend Subdivision, 100 feet, more or less, to a comer on the present city limit line, a line 200 feet north of and parallel to the north right-of-way line of Farm to Market Road 624, for the southeast comer of this tract; THENCE westerly along said present city limit line, 792.20 feet, more or less, to a point on the east line of an Irrigation Canal easement, now or formerly owned by the Nueces County Water Control and Improvement District No. 3, described in Deed Volume 65, Page 71, Nueces County, Texas Deed Records, for the southwest corner of this tract; THENCE northerly along said east line of the Irrigation Canal easement, 100 feet, more or less, to a point on the south line of a 5.72 acre tract prezoned "A-1" Apartment House District by Ordinance No. 18115, dated March 7, 1984, for the northwest corner of this tract; THENCE easterly along said south line of the aforesaid 5.72 acre tract, 792.20 feet, more or less, to the northwest comer of aforesaid Lot 1, Block 1, Coastal Bend Subdivision, for the POINT OF BEGINNING. EXHIBIT A 022442 PUBLISHER'S AFFIDAVIT State of Texas, ¶ i `.'.}' -^ ; '; f^: 5CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 322353 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022442 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25TH days(s) of DECEMBER. 1995. ONE (ll Time(s) $ 37.40 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4T11 day of JANUARY. 1996. AatiA.A.4) Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. 7