HomeMy WebLinkAbout025963 ORD - 09/21/2004Page I of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY HOUSING 2000 BY CHANGING THE ZONING MAPIN REFERENCE
TO HAMPTON, BLOCK2, LOTSl THROUGH12, FURMAN, BLOCK 2,
LOTS 1 THROUGH 11, RYAN TRACT, LOT O, BLUFF FRONT, LOT T,
FURMAN, BLOCK 1, LOTS IA, 2A, 3, 4, AND 5, FROM "AB"
PROFESSIONAL OFFICE DISTRICT,"A-I"/SP APARTMENT HOUSE
DISTRICT WITH A SPECIAL PERMIT, "A-I" APARTMENT HOUSE
DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B~"
PRIMARY BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; 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 Housing 2000 for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 11,2004 during a meeting of the Planning Commission, and on Tuesday,
September 21,2004, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this 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 changing the zoning on Hampton, Block 2, Lots I through 12, Furman,
Block 2, Lots 1 through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block 1, Lots
lA, ?__A, 3, 4, and 5, located along Furman Avenue between South Carancahua and
South Water Street, from "AB" Professional Office District, "A-I"/SP Apartment House
District with a Special Permit, "A-l" Apartment House District and "A-2" Apartment
House District to "B-5" Primary Business District, as shown on the attached Exhibit.
(J 15B)(045043)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
H:~LEG-DIRt. JOS EPH~ONIN G-04\0804-02 R EG ULAR.DOC
25963
Page 2 oi: 3
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That 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 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 21"t day of September 2004.
ATrEST:~(~~
Armando Chapa
City Secretary
~"Samuel L.
Mayor, The City of Corpus
APPROVED ~-.../..- /(~ 2004
Joseph'~ 'Ha/ne~y/~/ 4Y'
Assistant City Attorney
For City Attorney
H:'d_EG-DIR',.JOS EPH~_ONING-04\0804-02 REG U LAR.DOC
Page 3 of 3
Corpus Christi, Texas
o0..( ~'~ day of ~)~, 2004
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, Ih~e, 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,
Mayor, The City of Corpus~lEh, risti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal,
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIR~JOS EPH~_ONING-04\0804-02REGULAR.DOC
09/15/2004 17~04 36i0263006
CITY OF C.C. DEV SER
PAGE 07/14
(3611854-3~01
EN(31NEERIN(B Dat , July '19, 2004
J Job No.: 3965%00,~
BOX ~55 · CORPUS CHRmSD. T~X~ 78~-~ FAX
Rezoncd "A-2" to "B-5~
State of Texas
County of Nub:es
F/eld Notes for the mzoning ufa 0.638 acm (not based on an on-the-ground survey) tra.':t
out of a portion of Lot T, Bluff Front, a map of which is recorded in Volume 50, Pa~ 51, Map
R~cords of Nueees County. Texas, including portions of Col~man Avenue, a 40.00 foot wide
public roadway, and South Wa~e~ Slr~et, an 80.00 foot wide pubUc roadway, said 0.638 acre traQt
being more fully described by metes and b~unds as follow~:
BeginninE at a p~int on the eenterllne of said South Water Sh~, fr~m which point the
northaazt comer of said Lot T, same b"ing the Southeast corner of Lot 2, Shoreline Terrace, a
map of whtch is t~.orded in Volume 26, Page 83. Map Raconis ofNuec~s CounW, Texas, be~r~J
South 84°30'00" Wes~ a dls~mnce ufa0.06 f~
Thence, South 02°26'40" East, along the eeaterline of mid South Water Street, a
dimam:e of 200.50 fee( for a corner of~is Wac~;
Theuee, South g4°30'00' We~ at 40.06 feet pass abe west boundary of said South Wz~r
Street in all a distza~e~ of 133.37 feet for a comer of this train;
Thence, Norah 05030'00'' We~ at ] 90,21 feet pass ~ ~ou~h boundary of said Coleman
Avenue, in all a tot~ distance of 200.21 feet for a corner of this
TImnee, North 84°30'00'' East, at 6.52 f~ pass the east boundary of said Coleman
Avenue, at 104.00 feet pa~s the west boundary of said South Water ~ in all a total d/stance
of 144.06 feet to tho Point of Begiuning and containing 0.638 acres (27,772 square feet) of land.
Bearings am ba~d on the focused plat of Lot T, Bluff Front, a map of which is recorded
in Volume 50. Page 51, Map R~cords of Nueces Court, Texas.
Unless this Fieldnotes Description, including preamble, seal and signature, ~ppears in
entireey, in its original form, surveyor assumes no responsibility for im accuracy,
Dun L. Urban, R.ei~
Se 0 'oq-
2?25 SWANTN~ D~, · GO~P~$ GN~TI, ?~A$ ?~0~
S ,.~or~ayl~9657~o~0{~2l~:n~d/~-B5 ,a~: maD~urb~neng,¢om
3618263006
CITY OF C.C. DEV SER
PAGE 08/14
09/15/2004 17:04 361B203006 CITY OF C.C. I~.V SER PAGE 09/14
(3617854-3101
ENGINEERIN(~ Date: 3uly 16, 2004
~Job No. 39657.00.00
PO, BOX 63,55 ,, CORPUS CH~$TI, TEXAS 7~6~55 F~ (~617854-~01
Rezoned "A-I' to
State of Texas
County of Nueces
Fieldnotes for the rezoning of a 6,445 acre tract of land (not based on an-onLthe
ground survey) out a portion of Lot T, BluffFront, a map of which is recorded in Vol~rae
50, Page 51, Map Records of Nueces County, Texas, Lots lA arid 2A, Block 1, Furman
Addition, a map of which is recorded in Volume 45, Page 30, Map Records of Nu~ces
County, Texas, Lots 3.4, and 5, Block 1, and Lots l, 2, 3.4, 5, 6, 7. 8, 9, 10, and I 1,
Block 2 and including portions of I-lancock Street, a public right-of-way. Carancahua
Street, a 60.00 foot wide public roadway, Furman Avenue, a 50.00 f~ot wide public
ready, y, and Coleman Avenue, a 40.00 Mdc public roadway, as shown on the recorded
plat of Furman Addition, a map of which is recorded in Volume A, Page 21, Map
Records ofNueces Ceumy, Texas, also i~cluding a portion of South Water SU~cet, an
80.00 foot wide public roadway, being the relocation of said Bay View Avenue, as
described in agreement recorded uuder Volume 214, Page 189, Deed Records of Nuece$
County, Texas, said 6.445 acre tree! being more fully described by m~te~ and bounds a.s
follows:
Beginning at the intersection of the centeflinc of said Carancahua Street~ an thc
centerline of said Coleman Avenue;
Thence, North 84°30'00'` East, along the centerline of said 391.37 feet for a
corner of this tract;
Thence, South 70°51'41" East, a distance of 23,99 feet for a comer of tkis tract;
Thence, South 05°30'00" East, at 10.00 feet pass the north boundary of said Lot
T, in all a total distance of 200.21 feet to the north boundary of Lot 6, said Block 1, for a
corner of this tr~-t
Thence., South 84*30'00" West, along the common boundary of said Lot T. a.t~tl
Lot 6, a distance of 133,18 feet to the common north comer of said Lots 5 and 6, for a
comer of this tract;
Thence, South 05°30'00" East, along the common boundary of said Lots 5 and 6,
at 144.00 feet pass the north boundary of said Furman Avenue, in all a total distance o~'
169,00 feet to the centerlinc of the above mentioned Furman Avenue, for a corner of this
trac(;
P'~ga of 2
Thence, North 84°30'00'' East, along the centerline of said Fro'man Avenue, a
distance of 133.18 feet for a corner of this tract;
Thence, South 05~30'00" East, at 25.00 feet pass the south boundary of said
Furman Avenue, at 218.46 feet pass the north boundar~ of said South Water Street, in
a total distance of 355.00 feet to the intersection of the centerline of said South Water
Street and the centerlhae of 5aid Hancock Slxeet, for a comer of this tract'.
Thence, along the centerline of said Hancock Street as follows:
South g4°30'00' West, 272.00 feet;
North 05°30'00" We~t, 10.00 feet;
South 84*30'00" West, 141.18 fec~ to the centerline of said Carancahtm Street.
a comer oft[tis tract;
Thence, North 05°30'00" West, along the centerline of said Cazancahua Street, a
distance of 724.21 feet to the Point of Beginning and containing 6.445 Acres (250,745
squaxe feet) of land.
Bearings are based on the recorded plat of Furman Addition, a map of which is
recorded in Volume A, Page 21, Map Records of Nueces County, Texas.
Unless this Fielflnotez Description, including preamble, seal and signature,
appears in its entirety, in its original form, surveyor assumes no responsibility for its
accuracy,
Urban Engineering
Dan L. Urban, R.P-L,S.
License No. 4710
89/15/2884
17:B4
3618263006 CITY OF C.C. DIEV SE~ PAE~ 11/14
09/15/20B4 17~04 3610263006 CITY OF C.C. DEV SER PAGE 12/14
(361)854-3101
P.O. iM3X 6355 · CORPUS CHEIST1, TEXAS 78466-63~
ENGINEERING Date: July 19, 20~4
-~ Job No. 39657.00.(~
FAX (361)8~-6001
Rezoned "A-2" to
State of Texas
County of Nueces
Field Notes for the rezoning of 0,556 acres (not based on an on-the-ground
survey) tract of lund out the remaining portions of Lots 3, 4, 5, and 6, Block 3, includin8
portions of Furman Avenue, a 50,00 foot wide public medway, and Bay View Avenue, a
60.00 foot wide public roadway (relocated), as shown on the recorded map of Fumnan
Addition, a map of which is recorded in Volta'ne A, Page 21, Map Records of Nueces
County, Texas, also including a portion of South W~ter Street, an 80.00 foot wide public
roadway, being thc relocation of said Bay View Avenue, a described in agreement
recorded under Volume 214, Page 1 $9, Deed Records of Nueees County, Texas, said
0.556 acre tract being more fully described by metes and bounds as follows:
Beginning, at the ~ntersection oftbe centerline of said South Water Street, ant the
eenterline of said Fumaan Avenue;
Thence, Sotrth 02~25'00'' ~ along the centerline of said South Water Street,
distance of 37.20 feet to the point of cul'vW2ire ofa cimular curve to the right whose
radius point bea~ South 87035'00'' Wes~ a distan~ of 310.00 feet, and having a een~'al
angle of 35*41 'l 8", a radius of 310.00 fe~ a tangent length of 99.79 ~ and an arc
length of 193.09 feet;
Thence, along said circular Curve to the right same being the cerrtertlne of said
South Water Street, an arc length of 193.09 feet for a comer of this tract;
Thence, South 33e!6'20'' We~ continuing along the eenterline of s~id South
Water Str~'% a distance of 42.90 feet to thc poix~t of curvature of a circular curve m ~
left, whose radius point bears South 56°43 '40' East a dislauce of 125.00 feet, and having
a central angle of 38°1 g'45", a radius of 125.00 feet, a tangent length of 43.42 feet, and
an arc length of 83.58 feet;
Thence, along said circular curve to the left, an are length of 83.58 feet to for thc
south comer of thi~ trae~
Thence, North 05°30'00" West, parallel to the original centerline of~id Bay
View Avenue, at 10.00 feet distant th~refi~m, mcm~mred at right an~les flaere~, at 106,86
feet pass the we~ boundary of satd South Wamr Street, at 300.32 fe~ pass the sou~h
boundary of said Furman Avenue, in all a total distance of 325,32 f~t to [he centerline of
said Furman Avenue for a comer of this tract;
2725 SWAN~NER DR, · CORPUS CH~STI, TEY-AS 78~1~
S:~urveytngg9657~0c~.e~m~edA2-B$,d0¢ maiSurbt~er~g.¢orn l~le I cf2
~9/'15/2~4 17:~4 36182fi30~6 CITY OF C,C. DEV SER PAGE 13/14
Thence, North 84°30'00'' East, along the centeri.ine of saifl Furman Avenue, a
distance of 124.27 feet t~ the Point of Beginning, mad eontalnlng 0556 Acres (24,206
square feet) of lam:L
Bearings are based on the recorded plat of Furman Addition, a map of which is
recorded in Volume A, Pete 21, Map Records of Nueees County, Texas.
Unless this Fieldnotes Deseriptlon, including preamble, seal and signature,
appears in its entirety, in its original foo,i, surveyor a~sumes no responsibility for its
Urban Engfmeerhlg
Dan L. Urban, ILP.LS.
Lieense No. 4710
S :~rveying~3 ~657~0~0~n~nedA2-BS.doe
17:~d4
361B26300B
CITY OF C.C. DEV SER PAGE 14/14
~ W~
Doc# 200405117i
DECLARATION OF RESTRICTIONS
The Morris L. Llchtenstein, Jr. Foundation, a Texas non-profit corporation ('Declarant')
is the owner of the real property described on the attached Exhibit A, Exhibit B, and Exhibit C,
which Exhibits A, B and C are incorporated by reference (the "Property').
Declarant declares that the following restrictions and use limita§ons ('Restrictions") are
established, adopted and imposed upon all of the Property, which Restrictions shall conslftute
covenants running with the land, shall be binding upon and inure to the benefit of Declarant and
DedaranI's successors and assigns, and upon all parties acquiring any of the Property, whether by
purchase, devise, descent, gift or otherwise, and each party, by acceptance of title to any pad ot
the Property, shall abide by the Restrictions. The Restrictions shall be a pad of each contract
and/or deed execuled by Declarant conveying all or any pad of the Property by reference to the
place of record of this Declaration. By acceptance of a deed from Declarant, the grantee and all
parties claiming under the grantee shall be subject to and bound by the ReetdclJons, and each
contract and/or deed will be conclusively held to have been executed, delivered and accepted
subject to the Resthctions sei fodh in this Declaration. In the event, however, o1' [he failure of any
contract and/or deed to all or any pad of the Property to refer to this DeclaralJon, this Declaration
and the Restrictions will nevertheless be considered a part thereo[ and any conveyance of all or
any part ot the Properly will be construed to be subject to this Declaration and the ReelriclJons.
Restrictions
No part of the Properly may be used for any o[ the following purposes:
The erection or construclJon of a billboard.
The operation of an auto/boat sales and repair business or facility.
The operalJon of a mini-warehouse facility.
The opera,on of any manufacturing facility.
The operation of a warehouse facility.
2.
3.
4.
5.
6.
Duration of Restrictions
The operation of a night club.
The Restrictions shall continue and be binding upon Declarant and Declarant's successors
and assigns for a period of thirty (30) years from the date hereof, unless,terminated or amended as
herein provided. Al the expiration of thirty years, the ResidctJons automalJcally will be extended for
an additional ten (10) year period and for successive periods of ten (10) years thereafter, unless
the same are terminated or revised as herein provided. After the expiration of thidy (30) years from
the dale of this Declaration, the holders of record title of more than seventy-five percenl (75%) of
the Property and the City of Corpus Christi may execute and acknowledge an agreement in wrilthg
terminating or amending the terms of this Declara~on and file the same in the office of the county
clerk of Nueces County, Texas, or such office as conveyances of real estate may lhen be required
to be filed, and thereafter, these RestdclJons shall be null and void and of no further force and
effect, or shall be modified or revised as such recorded instrument may direct.
1 284336~443.07/JER/522
Amendment
For a period of thirty (30) years [rom the date of this Declaration (i) these Restrictions may
be terminated only upon the wdlten approval of all o[ the owners of the Property and their
modgage lenders, and the City o[ Corpus Christi, as evidenced by a document recorded in the
records of the county clerk of Nueces County, Texas, and (ii) these Restrictions may be amended
(but not terminated) by consent of the City of Corpus Chds~, and not less than seventy-five percent
(75%) of the record owners of all o[ the Property as such ownership is reflected by the records of
the county clerk ot Nueces County, Texas. After the expiration of thirty (30) years from the date of
these Resthctions, these Restrictions may be terminated or amended as provided in the immediate
preceding provision.
Riqht to Enforce
The violation of any o[ these Restrictions shall not operate to invalidate any mortgage,
deed of trust, or other lien acquired and held in good [aith against all or any part of the Property,
bul such liens may be enforced as against any and all of the Property subject nevertheless to these
Resthctions. The owner of all or any part of the Property and the City of Corpus Christi each shall
have the right to enforce observance or performance of these ReslTictions. If any party violates or
attempts to violate any of these Restrictions, it shall be lawful for any party owning all or any part of
the Property or the City ot Corpus Christi to prosecute proceedings at law or in equity against the
party violating or attempting to violate the same, in order to accomplish any one or more of the
following: to prevent the owner from so doing; to correct such violation; to recover damages; or, to
obtain such other release or for such violation as may be then legally available. In the event any
party seeking to enforce these Restrictions incurs any attomey's fees, court costs, or related
expenses with respect to the enfomement hereof against a defaulting party, the party in default
shall pay and will be liable for alt such attorney's fees, costs and expenses so incurred.
The [allure to enforce any provision contained in these Restrictions at any time shall not
constitute a waiver of the dgh/ thereafter to en[orce any such provision or any other provision
comprising these Resthctions.
DECLARANT:
The Morris L. LIchtenstein, Jr. Foundation, a Texas
non-profit corporation
Harry L. M~'ks, President.
U
STATE OF TEXAS §
COUNTY OF NUECES §
This instrumentwas acknowledged betore me on ~'~,..~O ,2004, by Harry L Marks,
President of The Morris L. Lichtenstein, Jr. Foundation. a Texa§ non-prorrt corporation, acting In the capacity
stated.
STATE OF T~XAS
~te of Texas
2 2~4336/4.43.07/JER/522
(36)]854-3101
URBAN
ENGINEERING
P.O. BOX 6355 * CORPUS CHRISTI, TEXAS 784~6-63,_'.'.'.'.'.'.'.'55
Date: July 27, 2004
~Job No.: 39657.00.00
EXHIBIT k
State of Texa~
County of Nueces
Field Notes for a 2.952 acre tract of land being all of Lots 3, 4, and 5. Block 1.
Furman Addition, a map of which is recorded in Volume A, Page 21, Map Records of
Nueces County, Texas, Lots lA and 2A, Block 1, Furman Addition, a map of which is
recorded in Volume 45, Page 30, Map Records of Nueces County, Texim, Lot T, Bluff
Front, a map of which is ri:corded in Volume 50, Page 51, Map Records of Nueces
County, Texas, a 290 foot by 16 foot Prlvat~ Alley, Volume 128, Page gg, Deed Rc~:ord.~
of Nueces County, Texas, and a 0.208 acre tract of laud conveyed to C.V. Heath ha deed
recorded in Volume 141, Page 309, Deed Records of Nueces County, Texas, said 2.952
acre tract being more fully described by metes and bounds as follows:
Beginning at a 5/8 inch iron md with a red plastic cap stamped "Urban Engr C.C.
Tx" set on the north boundary of Furman Avenue, for the southwest comer of Lot 6, said
Block 1, same being the southeast coroer of said Lot 5, and of this tract;
Thence, South 84030'00" West, along the nor~ boundary of Fu'rmnn Avenue, a
distance of 240_00 feet to a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr
C.C. Tx" set for the point of curvature ora circular curve to the fight, whose radius point
bears North 05°30'00'' West, a distance of 10.00 feet, and havi~g a central angle of
90°00'00", a radius of 10.00 feet, a tangent length of 10.00 feet, and an are length of
15.71 feet, from which point a bent g inch iron pipe bears South 84°30'00" West, a
distance of 9.37 feet;
Thence, along said cimular curve to the right, an arc length of 15.71 feet to a 5/8
inch iron rod with a r=d plastic cap stamped "Urban Engr C.C. Tx" set on the east
boundary of Carancahua Street, a 60_00 foot wide public roadway, for the point of
tangency and for a corner of this tract;
Thence, North 05030'00" West, along thc east boundary of said Car~ncahua
Street, a distaace of 324.2l feet to a 5/8 inch iron rod vrith a red plastic cap stamped
"Urban Engr C.C. Tx" set at the intersection of the east boundary said Carancahua Street.
and the south boundary of Coleman Street, a 40_00 foot wide public roadway, for the
northwest comer of said Lot T, and of this tract;
Thence, along the south boundary of said Coleman Str~et as follows:
North 84°30'00" East, 159.74 feet (,plat=16g.00 feet) for a comer of this tract_;
North 05°30'00'' West, 4.50 feet for a comer of this tract;
North 84°30'00'' East, 9.50 feet for a comer of&is tract;
2725 SWANTNER DR. · CORPUS CHRISTI, TEX~,S 78zi04
moil@urbaneag. ¢om
5 :~ u rvc yil~ g~3 96 5 T, OOOO~"NT r'acu l -4,6, l l . doc
pap= I of 2
F. IBIT A
South 05°30'00'' East, 4.50 feet for a comer of this tract;
North 84o30'00.. East, 223.08 feet (plat=222.92 feet) to a 5/8 inch iron rod with a
red plastic cap stamped "Urban Engr C.C. Tx" set on the e~st boundary of South Upper
Broadway, a public roadway, for a comer of said Lot T, md of tl:fis tract;
Thence, North 20°13'36TM West, along the east boundary of said South Upper
Broadway, a distance of 10.34 feet to a 5/8 inch iron rod with a red plastic cap stamped
"Urban Engr C.C. Tx" set for the southwest comer of Lot 2, Shoreline Terrace, a map of
which is recorded in Volume 26, Page 83, Map Records of Nueces County, Texas, and
for a comer of this tract;
Thence, North 84030'00'' East, along the common boundary of sald Lot T, and
Lot 2, a distance of 97.48 feet (Plat=97.52 feet) to a 5/8 inch iron rod with a red plastic
cap stamped "Urban Engr C.C. Tx" set on the west boundary of South Water Street m~
80.00 foot wide public roadway, for there northeast comer of said Lot T and of this.tract;
Thence, South 02°26'40'' East, along the west boundary of said South Water
Street, a distance of 200.50 feet (Plat=200.64 feet) to a drill hole set for the northeast
comer of said Lot 6, qarne being southeast comer of said Lot T, and of this tract;
Thence, South 84°30'00" West, along the common boundary of said Lots 6 and T,
a distance of 226.49 feet to the common north comer of said Lots 5 and 6, from which
point a 1 inch iron pipe bears South 84°30'00" West, a distance of 0.24 feet, thence North
05°30'00'' West, a distance of 0.57 feet;
Thence, South 05°30'00'' East, along the common boundary of said Lots 5 and 6,
a distance of 144.00 feet to the Point of Beginrfing and contnlning 2.952 acres of land;
Bearings are based on the recorded plat of Lot5 lA and 2A, Block 1, Furman
Add/tion, a map of which is recorded in Volume 45, Page 30, Map Records of Nueces
County, Texas.
Unless this Fieldnotes Description, including preamble, seal and sigaatuxe,
appears in its entirety, in its original form, surveyor assumes no responsibility for its
accuracy.
Urban Engineeriag
Dan L. Urban, R.P.L.S.
License No. 4710
EXHIBIT
S:~urveying~39657~OOO~rNTracr. s[-,l,6,1 I.doc
Page 2 of 2
(361)854-3101
ENGINEERING
P,O, BOX 635.5 · CORPUS CHr~ISll, T~(AS 78466-6355
Date: July 27, 2004
./ob No. 39657.00.00
FAX
State of TeXas
County of Nueces
Field Notes for a 2.762 acre tract of land being all of Lots I thru 11, Block 2, and
portion of Lots 3 thru 6, Block 3 lying west of South Water Street (Ocean Drive), an
80.00 foot w/de public roadway, Furman Addition, a map of which ks recorded in
Volume A, Page 21, Map Records of Nueces County, Texas, and including a portion of
land formerly known as Bay View Avenue, a 60.00 foot wide public roadway, relocated
as shown in agxeement recorded under Volume 212, Page 185, Deed Records of Nueees
County, Texas, said 2.762 acre tract being more fully described by metes and bounds as
follows:
Beginning, at a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C.
Tx" set at the intersection of the south boundary of Furman Avenue, a 50 -~oot wide
public roadway, and the east boundary of Carancahua Street, a 60 foot wide public
roadway, for the northwest comer of said Lot 7, and ofthks tract;
Thence, North 84°30'00" East, along the south boundary of maid Furman Avenue,
a distance of 466.04 feet to a 5/8 inch iron rod found on the west boundary of said South
Water Street, for the northeast comer of this tract;
Thence, South 02°25'00' East, along the west boundary of said South Water
Street, a dist~ace of 10.01 feet to a 5/8 inch iron rod with a red plastic cap stamped
"Urban Engr C.C. Tx" set for the point of curvature of a circular curve to thc right, whose
radius point bears South 87035'00" West a d/stance of 270.00 feet, and having a central
angle of 35°41'I 8", a radius of 270.00 feet, a tangent length of 86.92 feet, and an arc
length of 168.18 feet;
Thence, along said circular curve to the fight, an am length of 168.18 fe~t to a 5/8
inch iron rod with a red plastic cap stanaped "Urban Eh? C.C. Tx" set for the point of
tangeacy and for a comer ofthks tract;
Thence, South 33°16'20" West, con~nuing along thc west boundary of said
South Water Street, a distance of 42.90 feet to the point of curvature ora circular curve to
the let~ whose radius point bears South 56°43'40" East, a distance of 165.00 feet, and
having a central angle of 38°18'45TM, a radius of 165.00 feet, a tangent length of 57.32 feet,
and an arc length of 110.33 feet, from which point a 5/8 inch iron rod bears North
41°29'24" East, a distance of 2.77 feet;
Thence, along said circular curve to the left, an arc length of 110.33 feet to the
intersection of the north boundary of Hancock Avenue, a public roadway, and the west
2725 SWANTNER Ot~. · CORPUS CHRISTI, TEXAS 78404
mail@urbaneng.com
.S : XS u rv cyin ~tg 96 5 "~OOO(2~-N'T ra~s T - I O .doc
Page I of 2
boundary of said South Water Street, for the southeast comer of this tract, from which
point a 5/8 inch iron rod bears North 84°30'00" East, a distance of'0.32 feet, thence
South 05°30'00'' East, a distance of 0.10 feet;
Thence, South 84°30'00" West, along the north boundary of said Hancock
Avenue, at 170.00 feet pass a 5/8 inch iron rod found on the east bounciary of a 22.27 foot
(pla~22.60 foot) alley same being the southwest boundary of said Lot 1, at 192.27 feet
pass a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. Tx" set on the
west boundary of said alley, same being the southeast comer of said Lot 11, in all a total
distance of 212.00 feet to a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr
C.C. Tx" set for a comer of this tract;
Thence, North 05°30'00TM West, a distance of 19.20 feet to a drill hole set for an
interior comer of said Lot 11, and of this tract;
Thence, South 84030'00" West, continuing along the north botmdary of said
Hancock Avenue, a distance of 131.18 feet (Plat=-130.60 feet) to the intersection of the
north boundary of said Hancock Avenue and the east boundary of said Carancahua Street,
same being the southwest comer of said Lot 11 and of this tract, fi'om which point a V2
inch iron pipe bears North 05°30'00.' West, a distance of 0.8 feet, thence North
84°30'00'' East, a distance of 1.1 feet;
Thence, North 05030'00'' West, along the east boundary of said Carancahua
Stxeet, a distance of 280.80 feet to the Point of Begin_n_ing, and containing 2.762 acres of
land.
Beatings are based on the recorded plat of Furman Addition. a map of which is
recorded in Volume A, Page 21, Map Records of Nueces County, Texas.
Unless this Fieldnotes Description, including preamble, seal and si~nature,
appears in its entirety, in its original form, surveyor assumes no responsibility for its
accuracy.
Urban Engineering
Dan L. Urban, R.P.L.S.
License No. 4710
S :~S u rvcyin~l~39657~000~FNTr ac ts 7-1 fi.da c P~¢ 2
(361)854-3101
URBAN
ENGINEERINO
P,O, BOX 6355 · CORPUS CHRIS'fl, TEXAS 78466-6355
Date: July 28, 201}4
Job No. 39657.00.00
FAX(361)854-6(](]1
Alley Closure
EXHiBiT C
State of Texas
County of Nueces
Field Notes for thc closure afa 22.60 foot wide alley (not based on an on-the-ground
survey), as shown on the recorded plat of Furman Addition, a map of which is recorded in
Volume A, Page 2l, Map Records of Nueces County, Texas, said 22.60 foot wide alley being
more fully described by metes and bounds as follows:
Beginning at a point on the north boundary of Hancock Avenue, a public roadway, for
the southwest comer of Lot 1, Block 2, said Furman Addition, same being the southeast comer of
this tnsct;
Thence, South 84°30'00" West, .long the north boundary of said Hancock Avenue, a
distance of 22.60 feet to the southeast comer of Lot 1 I, said Block 2, same being the southwest
comer of this tract;
Thence, North 05°30'00" West, .long thc east boundary of Lots 7, 8, 9, 10, and 11, same
being the west boundary of said alley, a distance of 300.00 feet to a point on the south boundary
of Furman Avenue, a 50.00 foot wide public roadway, for the {~ortheast comer of said Lot 7, and
for the northwest comer of this tract;
Thence, North 84o30'00" East, along the south boundary of said Furman Avenue, a
distance of 22.60 feet to the northwest comer of Lot 6, said Block 2, same being the northeast
comer of this tract;
Thence, South 05030'00" East, along the west boundary of Lots 1, 2, 3, 4, and 5, s~id
Block 2, same being the east boundary of said alley, a distance of 300.00 feet to the Point of
Beginning and containing 6,780 Square Feet of land.
Bearings are based on the recorded plat of Furman Addition, a map of which is recorded
in Volume A, Page 21, Map Records of Nueces County, Texas.
Unless this Fieldnotes Description, including preamble, seal ami signatur% appears in its
entirety, in its original form., surveyor assumes no responsibility for its accuracy.
Urban Engineering
Dan L. Urban, R.P.L.S.
License No. 4710
EXHIgiT C
2725 SWANTNER DR. * CORPUS CHRISTI, TEXJkS 78404
mail@urbaneng.¢om
S 3Surve)'ln gL3965'A000{lfi~ ,lley¢losure.doc
STATE OF TEXA~
COUN~ OF NUKES
I betel>/ce.~h/b~at lhL~ in~l ~v~s FiLeD in F~ t~
S~ue~ce on ~he da~e ~d at the ~ ~a~ h~n ~/~, ~o
~U~ CLER~
~E~S COUN~ ~
~Ioligion, Sex, Hend4cap, Farn~'~l Status o~ t~alJanal OF*in,
and unr~nlorc~aNe uncut F~L~RAL LAW.
Doc# 2004052083
~ Pages 2
10/0~/2~04 02:10:37 PM
Filed & Recorded in
Official Recot'ds of
~ECES COUNTY
DIPJ~ T. BARR£RA
COUNTY
Fees
DEC~TION OF RESTRICTIONS
Bacilio Bachor, ("Declarant") is the owner of the real properly described as +/- 70,000
square feet of land situated within the four bordering streets of Hancock, Fuhrman, Carancahua,
and Tanchua located in Corpus Christi, Texas; more particuledy described as LTS 1 THRU 6 AND
POR LTS 7 THRU 12, BLOCK 2, HAMPTON SUBDIVISION, CITY OF CORPUS CHRISTI, TEXAS
are incorporated by reference (the 'Property').
Declarant declares thai the following restrictions and use limilations ("Restrictions') are
established, adopted and imposed upon all o[ the Property, which Restrictions shall constitute
covenants running with the land, shall be binding upon and inure to the benefit of Declarant and
Declarant's successors and assigns, and upon all parties acquiring any of the Property, whether by
purchase, devise, descent, gi['t or otherwise, and each party, by acceptance o[ title to any part o[
the properly, shall abide by the Restrictions. The Restrictions shall be a part of each contract
and/or deed executed by Declarant conveying all or any part of the Property by reference to the
place o[ record of this Declaration. By acceptance of a deed from Declarant, the grantee and all
padies claiming under the grantee shall be subject to and bound by the Restrictions, and each
contract and/or deed will be conclusively held to have been executed, delivered and accepted
subject to the Restrictions set forth in this Declaration. In the event, however, of the failure of any
contract and/or deed 1o all or any pad of the Property [o refer to this Declaration, this Declaration
and the Resthctions will nevertheless by considered a part thereof and any conveyance of all or
any part of the Property will be construed to be subject [o this Declaration and [he Restrictions.
Reslriclions
No part of the Property may be used for any of the following purposes:
1. The erection or construction of a billboard.
2. The operations of an auto/boat sales and repair business or facility.
3. The operation ol a mini-warehouse ladlity.
4. The operation of any manufacturing facility.
5. The operation of a warehouse facility.
6, The operation of a nightclub,
Duration of Restrictions
The Restrictions shall continue and be binding upon Declarant and Declarant's successors
and assigns [or a period o[ thirty (30) years [rom the date hereof, unless terminated or amended as
herein provided. At the expiration o[ thirty years, the Restrictions automatically will be extended for
an additional ten (10) year period and for successive periods of ten (10) years thereafter, unless
the same are terminated or revised as herein provided. After the expiration o! thirty (30) years from
the date of this DedaraLIon, the holders o! record litle o[ more than seventy-five percent (75%) of
[he Property and the City of Corpus Christi may execute and acknowledge an agreement in writing
termination or amending the terms of this Declaration and file the same in the office of the county
clerk o[ Nueces County, Texas, or such office as conveyances of real estate may then be required
to be files, and therea[!.er, these Restrictions shall be null and void and ol no further iorce and
effect, or shall be modified or revised as such recorded instrument may direct.
Amendment
For a period ol thirty (30) years from the date of this Declaration ti) these Restrictions may
be terminated only upon the written approval o[ all of the owners of the Properly and their
modgage lenders, and the City of Corpus Christi, as evidenced by a document recorded in the
records of the county clerk of Nueces County, Texas, and (ii) these Resb'ictions may be amended
(but not terminated) by consent of the City of Corpus ChdsU, and not less than seventy-tire percent
(75%) of the record owners of all of the Property as such ownership is reflected by the records o[
the county clerk of Nueces County, Texas. After the expiration of thirty (30) years from the date of
these Restrictions, these Restrictions may be terminated or amended as provided in the immediate
preceding provision.
Right to Enfo~'ce
The violation of any of these Restrictions shall not operate to invalidate any mortgage,
deed of trust, or other lien acquired and held in good failh against all or any part of the Property,
but such liens may be enforced as against any and all of the Property subject nevertheless to these
Restrictions. The owner ol all or any part of the Property and the City o[ Corpus Chdsti each shall
have the dght to enforce observance or performance of these Restrictions. If any party violates or
attempts to violate any of these Restrictions, it shall be lawful [or any party owning all or any part of
the Property or the City of Corpus Christi to prosecute proceedings at law or In equity against the
party violating or attempting to violate the same, in order to accomplish any one or more of the
following: to prevent the owner Irom so doing; to correct such violation; [o recover damages; or, to
obtain such other release or for such violation as may be then legally available. In [he event any
party seeking ~o enforce these Resthctions incurs any attorney's fees, court costs, or related
expenses with respect to the enforcement hereof agaths[ a defaulting pady, the party in default
shall pay and will be liable for all such attorney's tees, costs and expenses so incurred.
The failure to enforce any provision contained in these Restrictions at any time shall not
constitute a waiver of the right [hereafler to enforce any such provision or any other provision
comprising the Residctions.
DECLARANT:
By:Badli° Bachor,/~,
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowlodged bofore me on c'~/~.~x ~
by z~///o ,,~'/'~..P-. :ecting in tho oapacity ot~d.
· I.('~').l
· \,~ ~.4'.. / STATE
.2004,
N~ry Public, State of Texas
State of T~xas }
County of Nueces }
PUBLISHER'S AFFIDAVIT
SS2
CITY OF CORPUS CHRISTI
Ad # 5030499
PO #
E~cfore me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi ~n said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, 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. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 18TH day(s)of OCTOBER,
2004.
$119.50
TWO (2) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
OCTOBER 19, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Corpus ChA~t~ CaJlm'-'Fimea, M(~lay, ~
OF ORW, NANCE NO.
O25983
Arnen~ng ~ Zoning
Ordinance, upon
zoning map In
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
SSi
CITY OF CORPUS CHRISTI
Ad # 4995957
PO#
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Kames, Kenedy, Kleberg, Live Oak,
Nu¢ces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true
copy, was inserted in the Corpus Christi Caller-Times and on the World Wide
Web on the Caller-Times Interactive on the 6TH day(s) of SEPTEMBER, 2004.
$265!~5
TWO ~__ ) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
SEPTEMBER 07, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Corpus ¢ ,~tem'~er 6, 20~/C17
HEAR NG TO
CONStDER ZONING
Ap PL~3A'('~O(~I) OF
THE CITY OF
CORPUS CHFKE'FI
Warm' 8tmeL 4. O6O4-
'R- 1B'W~Yone'FBm, tt¥
1 ' Nel{ihbofhoo~
~ a~ (38t) 826-
C~ Secretary
[ C.~ty ol Corpu~ Chr~i