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HomeMy WebLinkAbout032613 ORD - 12/07/2021Case No. 0921-03, MVR Construction Company: (District 5) Ordinance rezoning a property at or near 3538 Airline Road from the "FR" Farm Rural District to the "RM - 3" Multifamily District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 11.16 acre tract of land out of Lots 22 and 23, of Section 20, of the Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41-43 of the Maps Records of Nueces County, Texas same 2.49 acre tract described in a Special Warranty Deed from Pacific Southwest Bank, F.S.B. to Guadalupe Leon and Wife, Maria Del Carmen Leon, as recorded in document number 749048, Deed Records of Nueces County, Texas out of a 10.523 Acre tract of land out of Lots 22 and 23 of Section 20, of the Flour Bluff and Encinal Farm and Garden Tracts as record in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas same 10.523 Acre tract described in a Special Warranty Deed with Vendor's Lien from Bluebonnet Savings Bank FSB to Guadalupe Leon and Miguel Leon, dated April 2, 1992, and recorded in Document No. 799207, of the Official Public Records of Real Property, Nueces County, Texas said 11.16 acre tract, as shown in Exhibit "A" and Tract 1 in Exhibit "B": from the "FR" Farm Rural District to the "RM -3" Multifamily District The subject property is located at or near 3538 Airline Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. 032.613 SCANNED SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. 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. This ordinance shall become effective upon publication. Page 2 of 6 That the for .going ordinance was read for the first time and passed to its second reading on this the 16-M day of NiCkt 6V, 2021, by the following vote: Paulette M. Guajardo A Roland Barrera %{ Gil Hernandez Michael Hunter Billy Lerma AIL John Martinez Ben Molina Mike Pusley ,. Greg Smith GL,�'J'�-(/1 That the foregoing ordinance was read for the second time and passed finally on this the 1\ day of ,w,2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the � day ofN;f+\ , 2021. ATTEST: g l026a- Rebecca Huerta City Secretary EFFECTIVE DATE I Page 3 of 6 Paulette M. Guajardo Mayor MJS.MISC. DATE: GRANTOR: GRANTOR'S ADDRESS: Exhibit A Doc# 2000014484 WARRANTY DEED APRIL 74-, 2000 MIGUEL L. MENDEZ (a/k/a MIGUEL LEON) GRANTEE: GUADALUPE LEON GRANTEE'S ADDRESS: 3622 AIRLINE CORPUS CHRISTI, TX 78416-5501 CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration (cash). PROPERTY: ALL OF HIS INTEREST IN AND TO EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; and encroachments or overlapping of improvements; taxes for the current year, the payment of which Grantee assumes, zoning laws, regulations and ordinances of municipal and other governmental authority, if any, affecting the 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 wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor 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. When the context requires, singular nouns and pronouns include the plural. Page 4 of 6 Exhibit A EXHIBIT "A" 10.523 acres (458,374.13 square feet) of land out of Lots 22 and 23 of Section 20 of the Flour Bluff and Encinal Farm & Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, also being the same tract as described in a Substitute Trustee's Deed dated April 5, 1988, and recorded in Volume 2104, Page 301 of the Deed Records of Nueces County, Texas. Being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found in the east line of Lot 23 and the west line of Lot 24 for the South corner of this tract from which the common corner of Lots 23, 24, 25, and 26 of Section 20 bears S 280 24' 48" W - 116.58 feet. THENCE: N 610 39' 33" W - at 364.60 feet pass a 5/8 inch iron rod found 0.11 feet left of line, a distance of 685.23 feet in all to a 3/4 inch iron rod found for the most Southerly West corner of this tract from which a 5/8 inch iron rod found in the centerline of Airline Rd. for the common corner of Lots 25 and 26 of Section 20 and Lots 7, and 8 of Section 21 bears N 880 09' 00" W - 28.37 feet and S 010 51' 00" W - 1585.28 feet. THENCE: N 010 51' 39" E -463.50 feet to a 5/8 inch rod found for the most Northerly West corner of this tract from which a railroad spike found in the centerline of Airline Rd. for the common corner of Lots 11, 12, 21, and 22 of Section 20 bears N 880 09' 00 W - 28.46 feet and N 010 51' 00" E - 902.85 feet. THENCE: S 610 37' 13" E - 432.75 feet to a 10 inch creosote post found for a reentry corner of this tract. THENCE: N 010 49' 31 E - 280.68 feet to a 5/8 inch rod found for the most Northerly corner of this tract. THENCE: S 610 41' 19 E - 585.30 feet to a 5/8 inch iron rod found in the east line of Lot 23 and the west line of Lot 24, for the East corner of this tract. THENCE: S 280 24' 48" W - 666.03 feet to the PLACE OF BEGINNING and containing 10.523 acres (458,374.13 square feet) of land. STATE Of TEN COUNTY OF NUECES I hereby certify tattle insflutiertttas FLED b Rd Neater Sequence on tha date and at the tarn Omer! by Ma, and was duly RECORDED, in the Official Public Remrde of Nuccas County, Texas NPageS0000iv484 pt1'1111,N1YCLERK Date: 4/11/203 3:14:34 PN NDEGESCOUNTY, TEW Filed & Recorded in Official Records of NIECES filly" Any provision has* *Id nefricla to Sale, Rental or use of the described REAL PROPERTY beuwe of Race, Color, Religion, Sex, Handicap, Familial Status or National Origin, Is Invalid and unenforceable under FEDERAL LAW. alvea Page 5 of 6 Exhibit B • Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PUBLIC HEARING TO CONSIDER CITY OF CORPUS CHRIS TI-SECRETARY RE-ZONING APPLICATION(S) IN PO BOX 9277 THE CITY OF CORPUS CHRISTI Notice is hereby given that CORPUS CHRISTI,TX 78401 the Corpus Christi City Council will conduct a pub- lic hearing on November 16, 2021 during a regular Council meeting which STATE OF WISCONSIN) commences at 11:30 a.m. in )) the Council Chambers, City Hall, 1201 Leopard Street, COUNTY OF BROWN) to consider the following zoning application(s) which is/are on file in the Depart- I,being first duly sworn,upon oath depose and say that I ment of Development Serv- am a legal clerk and employee of the publisher,namely,the ices. COV ID-19 Public At- tendance & Comment Pro- Corpus Christi Caller-Times,a daily newspaper published cedures can be found at htt at Corpus Christi in said City and State,generally circulated ps://www.cctexas.com/depa rtments/city-secretary. in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, Zoning Case No. 0921-03, Kleberg,Live Oak,Nueces,Refugio,and San Patricio, MVR Construction Compa- ny: (District 5) Ordinance Counties,and that the publication of which the annexed is a rezoning a property at or true copy,was inserted in the Corpus Christi Caller-Times near 3538 Airline Road from the "FR" Farm Rural in the following issue(s)dated: District to the "RM-3" Mul- tifamily District. Zoning Case No.0921-01 Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter: Ordinance 10/31/2021 rezoning property at or near 3942 Cimarron Boule- vardOn this January12,2022,I certifythat the attached from thet o the Farm Rural District to "RM- document is a true and exact copy made by the publisher: 2"Multifamily District. /s/Rebecca Huerta City Secretary Legal Notice Clerk Notary Publi State of Wisconsin,County of Brown ? 1� Notary Expires Publication Cost:$213.55 KATHLEEN ALLEN Ad No:0004980069 Notary Public Customer No:1490432 State of W.iscansin PO#: zoning #of Affidavits: 1 This is not an invoice s Ca Ire PART OF THE USA TODAY NETWORK O 2 C7 . Certificate of Publication ra NOTICE OF PASSAGE OF "" r)_' ORDINANCE(S) �D CITY OF CORPUS CHRIS TI -SECRETARY NO. 032613, Ordinance rezoning a property at or PO BOX 9277 near 3538 Airline Road from the "FR" Farm Rural District to the "RM-3" Mul- CORPUS CHRISTI, TX 78401 tifamily District; NO. 032614, Ordinance rezoning property at or near 3942 Cimarron Boule- vard from the "FR" Farm STATE OF WISCONSIN) Rural District to the "RS- )) 6/SP" Single-Family 6 District with a Special Per- COUNTY OF BROWN) mit. These ordinances were passed and approved on second reading by the I,being first duly sworn,upon oath depose and say that I Corpus Christi City Council am a legal clerk and employee of the publisher,namely,the on December7, 2021. /s/Rebecca Huerto Corpus Christi Caller-Times,a daily newspaper published City Secretary at Corpus Christi in said City and State,generally circulated in Aransas, Bee,Brooks,Duval,Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio,and San Patricio, Counties,and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 12/13/2021 On this December 13,2021, I certify that the attached document is a true and exact copy made by the publisher: "IF — Legal Notic: • erk 116, Notary ic, State of isconsin,County of Brown Notary Expires SARAH BERTELSEN Notary Public State of Wisconsin Publication Cost:$111.70 - Ad No:0005039752 Customer No: 1490432 PO#: 32613 #of Affidavits 1 This is not an invoice