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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