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Home My WebLink About027200 ORD - 03/27/2007AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY REIMCO, LLC, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.928 ACRES OF LAND OUT OF THE MOST WESTERLY PORTION OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 12, LOT 21, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Reimco, LLC, Trustee, 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, January 24, 2007 and Wednesday February 21 2007, during meetings of the Planning Commission, and on Tuesday, March 27, 2007, 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 6.928 acres of land out of the most westerly portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 12, Lot 21 located south of Wooldridge Road and west of Dewberry Drive from "R-1 B" One -family Dwelling District to "AB" Professional Office District. (Zoning Map 044033) (Exhibit) 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, 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. f i 0 ^', t) , ` ' .. L f .• Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 7. 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 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 27th day of March, 2007. ATTEST: Armando Chapa City Secretary APPROVED: March 21 2007 ick - Ga& W JSmith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi EFFECTIVE DATE 1-1 \LEG-DIR\Shared\GaryS\agenda 2007\3-27\Ord-010--03 Reimco REG doc Page 3 of 3 Corpus Christi, Texas 4day of IIVC4 l 2007 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, Council Members The above ordinance Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott Respectfully, Henry Garr tt Mayor, Cit of Corpus Christi was passed by the following vote: _41y_ H \LEG-DIR\Shared\GaryS\agenda 200713-27\Ord-010v-03 Reimco REG doc * i L d CL WOOLDRIDGE RD. LOT 1, BLK WOOLDRIDGE CREEK UNIT 13, V 65, P. 69, M. R. S6100' 00' E 483. 80' (9R I =25' 26' 58' R=162. 19' T=36. 62' L =72, 04' C1)=N73*-4-1' 05 W '.:H=71. 45' • N60' 57' 30' W 414. 09' S29* 00' 00' W DEWBERRY ST. DURANT ST, — — — 47. 5' :I TY DRAINAGE RIGHT- OF-WAY. V 1774, P. 209, D. R. EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB-ZONING JOB NO. 06114 SCALE: 1 = 200" PLOT SCALE: SAME PLOT DATE: 12/22/06 SHEET 1 OF 1 State of Texas County or Nueces PUBLISHER'S AFFIDIAVI CITY OF CORPUS CHRSTI ss: Ad # 569 533 PO # Before me, the undersigned, a Notary Public, t -its day p, ; nail\ am( Saco Orum, who being first duly sworn, according to law, that ,he s L� Sales Representative of the Corpus Christi (aller-Timf s, dal nc published at Corpus Christi in said City and State, n. alit, re: ate Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Ka =1( Kerler Live Oak. Nueces, Refugio, San Patricio, Victory and Wr > our the publication of, NOTICE OF PUBLIC HEARING TO v r the ;nt cd true cope, was inserted in the Corpus Christi Caller-Tir°.e- end tf k0 Wide Web on the Caller -Times Interactive on the 12TH da s f MA;JH 2Ut1 $189.87 c?i„,„6„, „, Legal Sales Repr''sentative TWO (2 ) Time(s) Subscrl5eii and ',worn to r; the Notary "i'""‘ ; PATRICK C. SAUCIEP MY COMMISSION E (PIPE January 3, 2C, a HEARINGpuep TCONSIDER HP C�(SO OF CORPUS CHRISTI O Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a putllc- hearing on Tuesday, March 27, 2007 during a regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard to consider the following zoning application(s) of I which said application(s) are on file in the Office of the City Secretary and the I Department of, Planning. At said time i and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0107-03, Rslmco, LLC, Trustee: From a "R -1B" One -Family Dwelling District to a "AB" Professional Office District - Located south of Wooldridge Road and west of ' Dewberry Drive Information may De obtainer: by Calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi Doc# 2007 32141 NOTICE OF CONFIDENTIAL= ` RIGHTS: IF YOU ARE A NATURAL AL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMAXION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD Di THE PUBLIC RECORDS: YOUR SOCIAL SECURITY ITER OR YOUR DRIVER'S LICENSE NUMBER DATE: WARRANTY DEED (With Use Restrictions) Q2/10 ,2047 GRANTOR: THE MOSTAG ASI INVESTMENT TRUST d/bla STJN GEORGE CONTRACTING AND DEVELOPMENT COMPANY GRANTEE: COASTAL BEND SURGERY CENTER, LTD. GRANTEE'S MAILING ADDRESS: 415 Starr Street Corpus Christi, Texas 78401 CONSIDERATION: ATION: Ten Dollars and other valuable consideration. PROPERTY: The following described Land: That 6.928 acre tract of land, more or less, a portion of Lot 21, Section 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a map of which is recorded in Volume "A", Pages 41-43, Map Records, Nueces County, Texas, said 6.928 acre tract as further described by metes and bounds on EXHIBIT "A" hereto attached. Together with and including all of the Grantor's right, title and interest in and to the rights and appurtenances in any way belonging or appurtenant to said Land, including, without limitation: 0) any improvements on said Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; and easements, rights of ingress and egress and reversionary interests benefitting or serving the Land (the Land and other appurtenant rights being referred to herein as the "Property"). PROVIDED, FURTHER, this conveyance is SUBJECT to the covenants hereby made by Grantee by Grantee's acceptance and recording hereof, and the conditions, that: (1) (2) (3) The property shall not be used for the development of multi -fami (3) The Bent Tree Homeowners Association; and (4) The City of Corpus Chris, If the Grantee, or Grantee's successors or assigns, shad violate or attempt to violate any of the covenants and conditions herein, it shall be lawful for any Benefitted party to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either prevent him or them from so doing by injunction or to recover damages or other dues for violation. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (I) Those Permitted Exceptions shown on EXHIBIT "B" hereto attached; (2) Taxes for the current year, the payment of which Grantee assumes; GRANT OF PROPERTY: Grantor, for the Consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. motor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and Warranty. Grantor has executed and delivered this deed and has granted, sold and conveyed the above property, and Grantee has acted this deed and has purchased the property, AS IS WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO CONDITION OR FITNESS FOR ANY PURPOSE; EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES AS TO FITNESS OR CONDITION, INCLUDING, BUT NOT LilvIITED TO, ALL IMPLIED WARRANTIES OF CONDITION, HABITABILITY AND CESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AFFIRMATION OF PACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER AS TO FITNESS OR lI}- ND . When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY 0 Thi ' instrument was knowledged before m 2007 by i/, . A the - T' MOSTAG • I INVES •'NT TRUST, on behalf of said Trust, said THE MOSTAGHASI INVESTMENT TRUST dlbla SUN GEORGE - CONTRACTING AND DEVELOPMENT TENT COMPANY 13y: Name: Title: day o 2e GEORGE CONTRACTING AND DEVELOPMENT Return to: San Jacinto Title Services 802 N. Carancahua, Suite 1500 Corpus Christi, Texas 78470 GF No. 060215214 SC P 4367 SAKn1-07\CE rgery wd-169-18.17.doc r ' r 4. .} San Jacinto Title vic 1 802 No. Carancahua, Suite 1500 Corpus Christi, Texas 78470 i 5T4L(, NUMER OF PAGES: 1-„-F {4• of /a SUN otary Public, State of Texas _4_ MURRAY LIAM, JR.,,y P.E..,, R.P.ip S. NixoN M. W1i.sszi, www.ba.*-,gat.h.°om STATE OF =CAS COUNTY OF SOS 3054 8. ALAMEDA, .ilk 78404 Pit. 361 882.5521- FAX 361 E82-1265 murrt Jr ao1.eom e-mail: nixam@Rol.com BASS & GLH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 December 26,2006 061144/111B.doc Description ofa 6.928 acre tract of land, ue or lei, a portion of Lot 21, Section 12, Flour Bim' and Emilia! Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 4143, Map Records, Its County, Texas, said 6.928 acre tract as briber described by metes and bounds as f owe; BEGINIMG at the westernmost corner of Lot 1, Bloat 1, Wooldridge Creek Unit 13, a map of which is remolded m Volume 65, �Page 69, said map records.,sbeginningd port r the northernmost coir of the tract herein described being g m die .yeast boundary line of Lot 1, Block 3, The Esplanade Unit 1, a map of which is recorded in Volume 51, Pages 123 and 12:4, said map records; Thence along the southwest boundary lice of said Lot 1, Block 1, Wooldridge Creek Unit 13, S61°00'0O" E 483.80' to a point for die easternmost corner of the tit herrn described and easternmost cors of a 20' wide drainage easemest described by instrument recorded as Doemnent No. 2006016131, ficial Public Records of safd county_ Thence along the est bey line ol: said 20' wide drairuge easement S29°00'OO" 623.25' to a point for the southernmost corner of the tact herein described in the northeast right-of-way line of a 41.5' wide city drainage neat -of -way described by instrument monied at Volume 1774, Page 209, Deed Records of said county; Theme along said northeast right-of-way line of 47.5' wide City dra g° ngat -gray N60° 7'3 "W 414.09' to the point of curvature of a circular curve to the left having a central angle of 25°26'58", a radius of 162.19' and a chord bearing N73°41'05"W a dim of 71.45'; Thence among the am of said circular curve to the left a distance of 72.04' 10 a pct for the voesternmost corner of the ttact herein descried in the southeast boundary Line of Lot 2A, Block 3, The Esplanade Unit 1, a map of which is recorded 1n Vow 62, Page 128, said map recordig Thence along the southeast boundary line of said Lot 2A, Block 3, The Esplanade Unit 1, and along the est boundary lines of Lots 2B and 2C, said Block 3, the Esplanade Unit 1, and along a peon of said Lot 1, Block 3, The Esplanade Unit 1, 29°00'00''% 638.64' to the point o1'RE :MIN , a skew showing said 6,928 acre zoning tract lig attached hereto as ambit "B". Exhibit "A" Sheet 1 of 1 EXHIBIT "B» PERMUTED EXCEPTIONS The following matters and all terms of the documents creating or offering evidence of the matters: a. Any visible and apparent unrecorded easements on the insured property. (Owner's Policy Only) b. J3uiiding, Zoning, Platting and Regulatory Ordinances of the County of Carpus Christi, Texas, c. Rights of the Public to those dedicated roadways as shown by the map recorded in Volume A. Pages 41, 42 and 4 3, Map Records ofueces County, Texas. d. Basement and/or Right of Way dated August 14, 1973, from Frances Kosar Snyder, et al, to Central Power and Light Company, recorded under Clerk's File No. 931752, Volume 1481, Page 318, Deed Records of Nueces County, Texas; and as shown by the map or plat thereof, recorded in Volume 65, Page 69, Map Records of ueces County, Texas. e. Drainage Basement dated March 10, 2006, executed by Mostaghasi Investment Trust to the City of Corpus Christi, Texas, recorded under Clerk's File No. 2006016121, Official Public Records oNueces County, Texas. F:4367 SAHA! -07CB etylexb-169-18-17.dec Doct 2007032141 Pages 6 12097 3:4 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees IAN STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this inst?uient was FIS in file number~ se9uence on the date and at the tile stamped herein ie, and was . duly RECORDED In the Official Public Records of Hues County, Texas riat.4:0.) 6- Atm.,/ DIANA T. BAR; MIMS COUR, TEXAS Any oyisien herein which restricts the Sale, fl entai or use of the described REAL PARTY because of Race, Colon Reli rout Sex, Handicap, Faiilial Status, or Nat i or al Orrin is invalid and unenforceable under FSM. 3/12/89. PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5805105 Po # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 027200 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 7/26/2007 . $128.76 1(s) On this day of 6.1 , 2v- I certify that the attached document is a true and an exact co 4 mae by 'j blisher. GWEN J J. MEDIN4 MY COMMISSION EXPIRES August 2, 2408 Notary Public, State of Texas • July 26, 2007 • Thursday NOTICE OF PASSAGE OF ORDINANCE NO. 027200, Amending the Zoning Ordinance, upon application by Re- imco, LLC, Trustee, by changing the zoning map in reference to 6.928 acres of land out of the most westerly portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 12, Lot 21, from "R -1B" One -family Dwelling District to "AB" Profes- sional Office District;1 amending the Compre- hensive Plan to ac- count for any deviations from the existing Com- prehensive Plan; pro- viding a penalty. This ordinance was passed and approved by the City Council of the City of Corpus Christi on March 27, 2007. /s/ Armando Chaps City Secretary City of Corpus Christi