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HomeMy WebLinkAbout031239 ORD - 08/29/2017 Ordinance authorizing the conveyance of a tract of land located within the city at 1901 Brennan Street to Habitat for Humanity to be re-platted and rezoned by Habitat for Humanity for construction of a single- family affordable house at 1902 Lipan Street, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the transaction; and providing for severance. Whereas, it is the City Council's express intention and goal to support the creation, construction, and occupation of affordable housing available to low-income individuals and families within the City of Corpus Christi ("City"); Whereas, to advance the goal, the City Council has determined that particular parcels of municipally-owned land may be sold to qualified nonprofit corporations for the development of affordable single-family housing units so long as reasonable conditions are imposed and met; Whereas, in accordance with Section 253.010 of the Texas Local Government Code, the City Council may provide for the manner in which any land acquired by the city may be sold to a qualified nonprofit corporation; Whereas, the City has determined that Habitat for Humanity Corpus Christi, Inc., a Texas nonprofit corporation, ("Habitat") is a qualified nonprofit corporation pursuant to the provisions of Section 253.010 of the Texas Local Government Code; Whereas, the City desires to sell a tract of land to Habitat, and Habitat desires to purchase the land from the City, and re-plat and rezone the land for construction of a single-family affordable house on the rezoned and replatted land that will comprise property located at 1902 Lipan Street; and Whereas, the City agrees to convey the tract of land to Habitat, and Habitat agrees to accept the land, subject to the imposition of reasonable terms and conditions set out in the conveyance documents. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1: The City Manager or designee is authorized to execute all necessary documents related to the purchase of a tract of land by Habitat for Humanity Corpus Christi, Inc. ("Habitat"), in exchange for the payment of$10, and subject to the imposition of reasonable terms and conditions upon Habitat in the conveyance documents including, but not limited to: (a) a restriction that limits development of a structure on the lots comprising property located at 1902 Lipan Street, as re-platted after conveyance by the City of a 316 square foot tract of land, of structures on the land to single-family housing and only those structures that meet the definition of "affordable housing," as the term is defined under federal law, available for purchase by low-income individuals and families; (b) a reversion clause in the City's beneficial favor, as a condition to be met by Habitat subsequent to the conveyance, requiring completion of construction and oc {agafcL3f1e structure within 36 months of INDEXED conveyance; and (c) a restriction against the re-conveyance of the land by Habitat at a price in excess of the acquisition price. Furthermore, subject to the above stated terms and conditions, the City Manager or designee is authorized to convey the following specific tract of real property: 316 square feet of land out of Lots 13 and 14, Block 4, Brennan Addition, Corpus Christi, Nueces County, Texas. This 316 square foot tract being more fully described by meets and bounds in Exhibit A. Section 2: Habitat shall rezone and replat this tract of land in order to comply with the City of Corpus Christi's residential zoning requirements and minimum lot size requirements for residential construction. Section 3: If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance be given full force and effect for its purpose. Section 4: A copy of the executed documents shall be filed in the office of the City Secretary. 031230 That the foregoing ordina a was red for the fir§t time and passed to its second reading on this the ay of ,(, , 2017, by the following vote: Joe McComb / / Ben Molina _74-___ Rudy Garza / Lucy Rubio __Cif_ Paulette Guajardo tly1 ___1(41-__ , Greg Smith id (f--' Michael Hunter X, Carolyn Vaughn Debbie Lindsey-Opel II I That the fo egoing ordin ce was re d for the second time and passed finally on this the 9C ay of ttk , 2017, by the following vote: Joe McComb att Ben Molina l__ Rudy Garza Lucy Rubio aw 4 . e Paulette Guajardo 1 A / Greg Smith Michael Hunter 1 Carolyn Vaughn CA , n I I Debbie Lindsey-Opel b( Ay., (),---k_J PASSED AND APPROVED, this the �"1 day of , 2017. ATTEST: f-lcD 1' �� 7 ,k � ��',� (� SLE' �d Rebecca Huerta Ma o City Secretary U3123 95030—Habitat for Humanity Site STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 316 square feet of land out of Lots 13 and 14,Block 4,Brennan Addition,a map of which Is recorded in Volume 8,Page 33,Map Records of Nueces County,Texas.This 316 square foot tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found at the intersection of the west boundary of 60 foot wide Coke Street with the north boundary of 60 foot wide Lipan Street for the southeast corner of Lot 12,said Block 4,Brennan Addition; Thence,with the west boundary of said Coke Street,same being the east boundary of said Lot 12,as monumented on the ground,North 00'2I'57"East,at 76.00 feet pass a 5/8 inch iron found for the northeast corner of said Lot 12 and the southeast corner of said Lot 13 and continuing North 00°21'57"East,with the west boundary of said Coke Street,same being the east boundary of said Lot 13,in all a total distance of 85.00 feet for the"Point of Beginning"of this description,for the northeast corner(no monumentation found or set)of a 4,184 square foot tract described in deed recorded in Volume 317,Page 104,Deed Records of Nueces County,Texas and for the southeast corner Of this tract; Thence,with the north boundary of said 4,184 square foot tract described in deed recorded in Volume 317,Page 104,Deed Records of.Nueces County,Texas,same being the south boundary of this tract,North 89'16'36"West,a distance of 49;03 feet to the common boundary of said Lot 14 and Lot 8A,Block 4,a map of which is recorded in Volume 6R,Page 640,Map Records of Nueces County,Texas for the northwest corner of said 4,184 square fool tract and for the southwest corner(no monumentation found or set)of this tract; _ Thence,with the common boundary of said Lots 8A and 14,same being the west boundary of this tract,North 00=37'39"East, a distance of 6,45 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northwest corner of this tract,from which corner a 5/8 iron rod found for the northeast corner of said Lot 8 bears North 00'37'39"East,a distance of 4.55 feet; Thence,with the north boundary of this tract,South 89.16'36"East,a distance of 49.00 feet to a 518 inch iron rod with City of Corpus Christi cap set on the aforementioned west boundary of Coke Street for the northeast corner of this tract; Thence,with the west boundary of said Coke Street,as monumented on the ground;same being the east boundary of said Lot 13 and of this tract,South 00°2I'57"West,a distance of 6.45 feet to the"Point of Beginning"and containing 316 square feet of land. Bearings based on GPS bearings;Texas State Plane Coordinate System,NAD 83(2011),Texas South Zone. STATE OF TEXAS COUNTY OF NUECES 1,Russell D.Ochs,a Registered Professional Land Surveyor,hereby certify that the foregoing held notes were prepared by me from a land survey made on the ground under my supervision. This the 14th day of August,2017 r op P.6\1/4. bimeilfl aT�. f/1,j•— • RUSSELL a, OCyS , Russell D.Ochs,R.P.L.S. �'.19c 5241 P�'• s State of Texas License No.5241 *'�A;.• S U RQ ►�Engwnxud Suri PK ECTS IMSn10.RaPLAT BAE' A,ADDITION LOT SA•BLK 4=Won!Oo ,mints'.1N5SDHi•REPLAr•BRENNAN AOOmON.LOT 5413LN 4.2o134.t&a EXHIOfl- 'habitat Iv hurtanity sit/docs r3.-^c 1.t