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HomeMy WebLinkAbout022446 ORD - 12/19/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO 378 ACRES OUT OF GREGORIO FARIAS GRANT, ABSTRACT 592 AND SOUTHWEST 37 ACRES OUT OF COUNTRY ESTATES SUBDIVISION UNIT 4 BY ZONING OF NEWLY ANNEXED AREA TO "F -R" FARM -RURAL DISTRICT ON TRACT A10.1 AND "RE" RESIDENTIAL ESTATE DISTRICT ON TRACT A10.2; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming 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 378 acres out Gregorio Farias Grant, Abstract 592 and southwest 37 acres out Country Estates Subdivision Unit 4, bound by the existing City limits on the north, the Union Pacific Railroad right-of-way on the east, south line being 1,570 feet north of County Road 48 and U. S. Highway 77 on the west, be zoned an "F -R" Farm -Rural District on Tract A10.1 and "RE" Residential Estate District on Tract A10.2, 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. 95 n h283 0.394/C 1195-7A December 8. 1995 U? 4,16 MICROFILMED 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 pas ed and sh 11 t effect upon first reading as an emergency measure this the / day of see4/p 1995. ATTEST: City Secretary � 0 MAYO THE CIT OF CORPUS CHRISTI APPROVED THIS THE 8th DAY OF December, 1995. JAMES R. BRAY JR., CITY ATTORNEY B Oroje 0 ert J. Hart, Assistant ttorney 95nh2830.394/C1195-7A December 8, 1995 3 Corpus Christi, Texas day of kjaajd , 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 MAYO 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 95nh2830.394/C1195-7A December 8, 1995 022446 4 METES AND BOUNDS Case No. C1195 -7A TRACT A10.1 A tract containing 415 acres, more or less, bounded on the north by the present city limit line, bounded on the east by the Union Pacific Railroad right-of-way, bounded on the south by a line 1,570 feet north of and parallel with County Road 48, bounded on the west by U.S. Highway 77, generally located southeast of the Five Points intersection, and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the present city limits line, the northwesterly extension of the southwest line of Lot 18, Block 1, Davis Subdivision, and the west right-of-way line of existing U.S. Highway 77, for the northwest corner of this tract; THENCE southeasterly along the present city limits line, the same being the southwest line of said Lot 18, Block 1, Davis Subdivision, the southwest line of Country Estates Unit 1, and its southeasterly extension, to its intersection with the west right-of-way line of the existing Union Pacific Railroad, for the northeast corner of this tract; THENCE southwesterly with the meanders of said west right-of-way line of the existing Union Pacific Railroad, to a point, the southeast corner of a 266.63 acre tract, more or less, out of Luby Tract 6, out the Gregorio Farias Grant, Abstract No. 592, now or formerly owned by Deluxe Properties, for the southeast corner of this tract; THENCE westerly along the south line of said 266.63 acre tract and its westerly extension, to its intersection with the west right-of-way line of existing U.S. Highway 77, for the southwest corner of this tract; THENCE northerly along the meanders of said west right-of-way line of existing U.S. Highway 77, to its intersection with the northwesterly extension of the southwest line of Lot 18, Block 1, Davis Subdivision, the present city limit line, for the POINT OF BEGINNING. SAVE AND EXCEPT Tract A10.2 recommended for rezoning and described as follows; Tract A 10.2 - 37 acres, more or less, out of Country Estates Subdivision Unit 4, as shown on plat of record in Volume 30, Page 86, Nueces County, Texas Plat Records and more particularly described by metes and bounds as follows; BEGINNING at a point, the northwest corner of Lot P, Country Estates Unit 4, for a point on the present city limit line and the north corner of this tract; EXHIBIT A 5 THENCE S 53° 03' 50" E, along said present city limit line, crossing existing 60 -foot wide, Emory Drive, 744.50 feet, more or less, to the northeast corner of Lot E, Country Estates Unit 4, for a point on the existing Union Pacific Railroad right-of-way, for the east corner of this tract; THENCE southerly along the west right-of-way line of said Union Pacific right-of-way, with a curve to the right whose R = 2,664.93 feet, L = 720.14 feet, an arc distance of 216.14 feet, more or less, to an inside corner of aforesaid Lot E, Country Estates Unit 4 and an inside corner of this tract; THENCE S 72° 11' 00" E, continuing with said west right-of-way line of the Union Pacific Railroad right-of-way, 56.06 feet, more or less, to an inside corner of said railroad right-of-way and an outside corner of this tract; THENCE southerly continuing with said west right-of-way line of the Union Pacific Railroad, and along a curve to the right whose R = 2,704.93 feet, L = 870.50 feet, an arc distance of 870.50 feet, more or less, to a point on said west right-of-way line of the Union Pacific Railroad for a point on the southeast line of this tract; THENCE continuing southerly along said west right-of-way line of the Union Pacific Railroad, S 36° 15' 20" W, 155.31 feet, more or less, for a point, the east corner of Lot J, Country Estates Unit 4, and the southeast corner of this tract; THENCE S 85° 24' 05" W, leaving said west right-of-way line of the Union Pacific Railroad, along the south line of said Country Estates Unit 4, 1,343.95 feet, more or less, to a point, for the southwest corner of said Country Estates Unit 4 and the southwest corner of this tract; THENCE N 36° 46' 05" E, along the westerly line of said Country Estates Unit 4, 2,088.30 feet, more or less, to the northwest corner of aforesaid Lot P, Country Estates Unit 4, for the northwest corner of this tract and the POINT OF BEGINNING. 022446 EXHIBIT A PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 322349 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. 022446 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25TH days(s) of DECEMBER. 1995. ONE (1) Time(s) $ 34.00 tI 1111111110,0 /" \t - • ARMC • i OF Itt : if • 4'PIRC5 l� ` • }4 U fat 11 E -u. cc So¢'l I"gm'e z5 m mm vmi ;e `mc_mo zooms T:a� J 1:1413LE m ���iN CLLQWH wOQ Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4TH day of JANUARY. 1996. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.