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HomeMy WebLinkAbout05716 ORD - 03/23/1960• IMS :MW :2 -1 -6O AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER. FOR AND ON BEHALF OF,THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH SAM SUSSER IN THE NATURE'OF A COVENANT RUNNING WITH THE LAND, CONCERNING LOTS 17 THROUGH 12, BLOCK 8, OF THE PORTAIRS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY THE TERMS OF WHICH AGREEMENT THE LAND OWNER AGREES TO ERECT A MASONRY SCREENING WALL, MAINTAIN AND CARE FOR THE SAME, AND MAINTAIN CERTAIN GRASS AND SHRUBBERY ON THE AREA OF SAID LOTS FACING KILGORE STREET BETWEEN GOLLIHAR AND ALEXANDER STREETS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, SAM SUSSER IS DESIROUS OF ENTERING INTO AN AGREEMENT WITH THE CITY OF CORPUS CHRISTI IN THE NATURE OF A COVENANT RUNNING WITH THE LAND, CONCERNING LOTS 17 THROUGH 32, BLOCK 8, OF THE PORTAIRS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH SAM SUSSER IN THE NATURE OF A COVENANT RUNNING WITH THE LAND, CONCERNING LOTS 17 THROUGH 32, BLOCK 8, OF THE PORTAIRS ADDI- TION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY THE TERMS OF WHICH AGREEMENT THE LAND OWNER AGREES TO ERECT A MASONRY SCREENING WALL, MAINTAIN AND CARE FOR THE SAME, AND MAINTAIN CERTAIN GRASS AND SHRUBBERY ON THE AREA OF SAID LOTS FACING KILGORE STREET BETWEEN GOLLIHAR AND ALEXANDER STREETS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT A COPY OF WHICH 1S ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF THE IMPROVEMENTS AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION 57113 PWN:ea 1 -2 -1 3/22/60 - THE STATE OF TEXAS COUNTY OF NUECES This indenture made the day of 1960, between SAM SUSSER, residing at Corpus Christi, Nueces County, Texas, Party of the First Part, and the ITY OF CORPUS C RISTI,,acting through its City Manager, hereinafter called Party of the Second Part, W I T N E S S E T H: WHEREAS, Party of the First Part has applied for re- zoning on Lots 17 through 32, in Block 8, of the Portairs Addi -. tion, an Addition to the City of Corpus Christi, Texas, from "R -2" two - family dwelling district, to "B -3" secondary business district, and has agreed with the Party of the Second Part that if such zoning change be granted by the Party of the Second Part by or- dinance authorizing such change of zoning, that the Party of. the First Part will perform and does hereby agree to'be obligated to - the ,following covenants and conditions, to -wit: First: That the said Party of the Firt Part does hereby agree to erect a masonry wall on the First Party's pro- perty six feet (6') in heighth; with the horizontal center line of the wall to be located twenty feet (20') fromChe First Par- ty's property line on Kilgore Street; the plans nd design of the said wall shall be approved by the City Engi eer prior to . its construction. The said masonry wall shall a rve as a screen - ing fence and shall not have any openings for veicular or pedes- -trian traffic, walkways, or driveways. The Part, of the First Part covenants and agrees that he will erect the said masonry wall at his sole cost and expense and does further agree to maintain said masonry wall in a safe and useable condition for which it was erected., The expense of repairing and rebuilding of the said masonry wall, if necessary, shall be paid solely by -1- the Party of the First Part, and if any part shal be rebuilt or repaired, it shall be erected on the same spot wh:re it now stands and be of the same size and of the same or similar mate- rials and of like quality and be subject to the approval of the Engineer for the City of Corpus Christi. Second: The First Party covenants and agrees that he will maintain, at his own cost and expense, a greased area be- tween the curbline on Kilgore Street and the fence hereinabove described on the above lots zoned as set forth above; and said First Party further covenants and agrees that such grassed areo . will be additionally landscaped with trees and shxll�►I bbery at the sole cost and expense of the First Party, and that such area will I be maintained and improved and kept with the same Standard of care as the developed parkway on Louisiana Boulevajrd between Ocean Drive and Santa Fe Street in Corpus Christi, Texas. Third: That the First Party,further covenants and A- grees that he will not erect any signs or: lights that would be facing Kilgore Street between Gollihar and Alexander Streets on the property hereinabove described. Fourth: It is further covenanted and a eed by the Party of the First Part that any buildings to be erected upon the above - described property shall be set back at .east forty - five (45') feet from the property line on Kilgore Street. Fifth: The Party of the First Part agrees to commence construction on the above- described property within one (1) year from the time that this contract and agreement is tiled for re- cord in the Deed Records of Nueces County, Texas. If construc- tion is not commenced within this one -year period, n the above- described property, the zoning on said property shall revert to the original zoning of "R -2" two - family dwelling d$strict, and this agreement shall come to an end and be of no and effecee. 2 - then force Sisths Tile eevenai es an fOra on the above i!estribed'- property are to be, p the use and benefit of- the` respective - .parties to t and that the Paifty of the First Part. agsega that a . tion to the granting of thin zoning, that be �ri,ll lcrep the ®,H' ceveaanta and reementa above - describe - "ter ,, heira� aesigna,::euCaesabra, ",grantees, adminietrato mid tenants. Tlba _property hereinabove described he inabaye e.et agree t, a wadi athfully binding his;'; s',:lesseee, 11 be sub -` ject to these covenants and conditions and shall be construed to be a covenant running with the land. WITNESS 01* .NAND8 Ton this the, ,;,„_,;,_„ da of, March;,. A.D. 1960. APPROVED AS TO LEGAL FOBN NYE & COHN Paul' W.;.Nye Attorneys for Party;t First Part City A?Ctorney for the_aity o Corpus :Christi,' Texaa;- STATE O$.. T SAN SU8SER, Peaty, of the First Past CITY, >'OF RY C City Party of the 4,, BEFORE ME the Undersigned 4aut ortty, a in and for said County sad' State, :on this day per ger emend Fait otary Public sally appeared REESER, known to unto the person ' h se ' is anbseieibed to fore o - �- g instrument, aadackl�dgea te that 'he.one" cuted the same`-for the purposes-and considerationitherein expressed. GIVEN ENDER MY AND SEAL OF' OFFICE. this the day of March, A D. 19E0. ' ' • .STATE OF TR CONTI or NU'E Notary- Public in e County,: TOWN d; for. Nueces • BEFORE ME the undersigned authority►, souaUy appeared HERBERT W. WIMNEY, City Manager Cotpui ;Christi, Texas, known; to me to be the pars is subscribed to the foregoing instrument end. a me - that he executed the saw : for the purposes and therein eupresBed,..and in the capacity therein st act and deed of said City. GIVEN „UNDER MY BAND JAND SEAL 'Ill? OFFICE,: day of March* 4-D."1,940. •= this day .per- . . €. the City cif repose .name T owledged to onsideration ted and :ae ~the his the Notary .Pub is • County, Terns for 'Emcee CORPUS CHRISTI TEXAS A3 DAY OF a., D 19<p4,5 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION-0F THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CI I , CORPUS C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLe GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. • CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS 19 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 1S INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.