HomeMy WebLinkAbout06097 ORD - 03/15/1961• IMS:JKH:3 -15 -61
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, AN AMENDMENT OF THE RESTRICMNS
MARCH 31, 195 , AND AMENDMENT OF MAY 7, 1958,
CONCERNING CASA LINDA ESTATES UNIT SO AS TO
PLRMIT DRIVEWAY ENTRANCES ON SOUTH STAPLES STREET
TQ CONNECT WITH THE PARKING LOT AREA OF BLOCK A AND
PERMITTING LOTS 1 THROUGH 5, INCLUSIVE OF BLOCK 10
TO BE USED FOR PARKING, A COPY OF WHICH AMENDMENT IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
WHEREAS, UNDER DATE OF MARCH 31, 1958, CASA LINDA DEVELOPMENT
COMPMY, A PARTNERSHIP ACTING BY AND THROUGH ITS PARTNERS, C. B. WOODSON
AND R. O. WOODSON, THE SOLE OWNERS THEREOF, EXECUTED AND CAUSED TO BE
RECORDED CERTAIN RESTRICTIVE COVENANTS OF AND CONCERNING CASA LINDA ESTATES
UNIT 4, AS SHOWN BY A MAP OR PLAT THEREOF RECORDED IN VOLUME 21, PAGE 44
OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE,
WHICH SAID RESTRICTIVE COVENANTS ARE RECORDED IN VOLUME 807, AT PAGE 324
ET SEQ OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, TO WHICH RESTRICTIVE
COVENANTS AND RECORD THEREOF REFERENCE IS HERE MADE FOR ALL PURPOSES; AND
WHEREAS, UNDER DATE OF MAY 7, 1958, CASA LINDA DEVELOPMENT
COMPANY, ACTING BY AND THROUGH ITS SAID PARTNERS, EXECUTED AND CAUSED
TO BE RECORDED A CERTAIN AMENDMENT OF SAID RESTRICTIVE COVENANTS, WHICH
SAID AMENDMENT IS RECORDED IN VOLUME 811, AT PAGE 63 ET SEQ OF THE DEED
RECORDS OF NUECES COUNTY, TEXAS, TO WHICH RESTRICTIVE COVENANTS AND THE
RECORD THEREOF REFERENCE IS HERE MADE FOR ALL PURPOSES; AND
WHEREAS, THE SAID CASA LINDA DEVELOPMENT COMPANY, A PARTNERSHIP,
TEXACO, INC., AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION,
HAVE AGREED TO AMEND SAID RESTRICTIVE COVENANTS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AMENDMENT OF
THE RESTRICTIONS DATED MARCH 31, 1958, AND AMENDMENT OF MAY 7, 1958, CON-
CERNING CASA LINDA ESTATES UNIT Y SO AS TO PERMIT DRIVEWAY ENTRANCES ON
SOUTH STAPLES STREET TO CONNECT WITH THE PARKING LOT AREA OF BLOCK A AND
PERMITTING LOTS 1 THROUGH 5, INCLUSIVE, OF BLOCK 10 TO BE USED FOR PARKING,
A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
609'7
SECTION 2. THE NECESSITY FOR IMMEDIATE AMENDMENT OF THE RESTRIC-
TIVE COVENANTS HEREIN ABOVEMENTIONED IN ORDER TO PERMIT FULL UTILIZATION
FOR PUBLIC USE OF A PORTION OF BLOCK A ABOVEMENTIONED 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND
HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT
AND BE IN FULL FORCE AND EFFECT FROM AND AF ITS PASSAGE, IT IS ACCORDING-
LY PASSED AND APPROVED, THIS AY OF , ig6l.
ATTEST: CL' �"
YOR
THE CITY C PUS CHRI I, TEXAS
C TY SECRETA Y
APP 1FED AS TO GAL FORM THIS
DAY OF , 1961:
CITY ATTORNEY
t
i
STATE OF TEXAS $
COIi1ay or MWES Q'
UMEREAS, under date of Varch 310 191,;C, Casa Linda Development
Company, a ;partnership acting by.and, through its partners, C. D.
aojOlson and fit. 0. 1ioodson, the sale *vn,ars thereof, executed and
cauc,ea to be reeorded certain restrictivo covenants of.and con-
Corning Cuza Linda. Estates unit 4s as iaowln by a map or plat
thereof recorded in Volunc 21, page 44 of Vic MAP Records of
faeces County, Texas, to which reference is here made, which sold
restrictive covenants are recorded iii 'Volume C076 'et pane 324
et seq. of the deed Records of 'Maeces County, Texas, to which
restrictive covenants and record .thereof reference 1s here
de for all purposes; and
141MRW, under data of 1-%y ',, 191,X, Casa Linda Development
Company. acting by and throu(,;h Its said partners, executed and'
caused to be recorded a certain avendrent of said restrictive -
covenants,: which said amendment is recordcd.in Volume 01, at
page 63 it seq. of -the 'Deed Records of Nuecc -s 'County, Texas, to
which restrictive covcnants and the record thereof relerence Is
iierc ade for all purposes; ,and,
W1EREAS, 31oc% P of said Cases Linda Eatates Unit has been
sold to,The Texas Company, a Delaware corporation, the stare di'
which company has been chanced to Texaco, Inc.l and
WIMPSAS, the FAy€±r and City Counci 1 of the City of. Corpus
Christi are given the right to enforce the restrictive covenants
therein contained; and,
WHEREAS, the said rasa L1nda Development Company, a partner-
ship. Toxaco, Inc: and the City of:Corpus'Christi, a municipal
corporation, have agreed to amend said restrictive covenants
as hereinafter sct forthi
Nero,° thcreforc, thte R�PE?,`T tra,2a asid entered into ,)y and
between the ta,id Case Linda aevelopmxnt Company, a nartn roMp,
actin,; herein by and throuth its partners, C. D. Woodson and R. O.
Woodson., Texaco, Inc., a D218w*are cornaration having an office
In Houston, Harris. County., Texas, and City of Corpue Christi, a
mUllicipol corporation, whereby for and In casasideratioar QF the
premises, the iecc pt and sufficiency of which is hereby acItnow-
ledged, it is ACpJTEED t%st saiu restrictive covenants be amended
as follows:
1. That paragraph 6 under the title "Uses.of Land" of, said
restrictive covenants and the amendment thereof be, and the
Sam 1s, hereby amended so that the same shall. hereafter read
as follows'e
6. The fxsce to be permitted on saki premises
shown on the plat and zoned for 'A -1,; First Apartment
District,1 shall be confined to the residential usos
for SuCh a district no provided. in tha 'ohlttg Ordinance
Of the City of Carpus Christi, Texas In force at the
tip of the execution of this fnst.- ,Annnt, 4:icludirr
such accessory uses to the residential uses as are
Perandtted '�y Sueti ordInance.except twat lots one (1)
to fi:e (') inclu�ive of bloct; ten (10) of said rasa
Linda !istatcs tlnit !' may be used for par',,In5 of
vehicles in connection with the use of Blocu A,
and t'qr scat
r not tc cxcced two driveways connectinj, Block
A and Staples Street, the arr,ngerent and
location afi said driv, :ways to be sutject to the ap-
proval Of the City PAnagor of the City of Corpus
Christi, Texas."
2. That the above described amcne&mnt shall constitute
the approval and pernis,sion of the City of Corpus Christi as
required by paragra ut '? or salcY of lay t, 1 y3l.
3. That as hereby anended. the parties hereto ratify and
confirm said restrictive covenants.'•
WMMS the hands or the parties hereto this day of
Forch, 1161.
- CASA Lli'4. t1E�iL�JPt�i''ST 4*J�i?A
By ..
C. , tyoa son, Partner
y
'. 7 W orison, Tar 'Half.
ATTEST: Ta TEXACO, 1 uc .
By
MIstant Secretar }r ce Pres den
EkTi S Ta CI3^f CAF CORFitS CainISTI
�y
City Secrets Rernrt 71 ney,
City tdanaoes
STATE OF Tr,7taiS
Cali vTY OF tTt3ECES �
BEFORE Imo, the undersigned authority, a Notary Public In and
for said countyy, and-state, on thi *, day personally appeared C. H.
WOOdsOn and R. 0, loodson, itnown to me to be the persons whose
mass art, subscribed to the f'orcoolno instrument, and acw.nowlede;cd
that the aaMID was the act of the said Casa hinds. Development. Cor).Pany,
a partnership, and that they executed the -sane as the act of such
partncrsh3p for the purposes and consideration therein expressed.
GIVEN UNDER MY HAM A14D SEAL OF OFFICE, thit the day of
March, 1961,
715fory . Mblic in tin ror
flucces County, Texas
STATE OF TEXAS �
COIPA£i`1' OF HARiiI
13EFORL F -^,, the undersigned auto ority, as Votary Public in and
for said county and stete, on this day personally ;ppeared
known to me to be the person
FM 15r cer w ose name It ausscribed to the foregoing, Instrument,
and acz:nowladocd to nm that the saa,^e was the act of the said Texdco,
Inc., a corporation, and that he executed the same as the act of
such corporation for the purposes and consideration therein ex-
pressed, acid In the capacity therein stated.
GIWN UIM -R`MY f�iLs'3D AND SLAL OF OFFICE, this day of
V.arch, 1961.
To ary VuEllc In M For
Harris County, Texas
STATE OF TM AS �
COIR4TY OF ,NUECES
BEFORE hE, the undereloned authority, a Notary Public In
and for said county and state, on this day personally appeared.
Herbert ?-hitnpy, cityVanaper of the City of Corms Christi, Texas,
'Known to me to be the person and officer whose mere is subscribed
to the fiorc�oing Instrument, and ac?mowledged to me that the same
was the act of the said City/ of Corpus Christi, a corporation,
and that he executed the sane as the act,of such corporation for
the purposes and consideration thorn -In expressed, and In the
capacity therein stated.
GIVEN l3MM VY TAM AND SEAL OF OFFiC~, this day of
March, 1961.
M ury PuEllc In end for
Nucces County, Texas
CORPUS CHRISTI, TEXAS
DAY OF A4�1 i9__
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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 COUNCILS
f, 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.
RE$PPCTFULLY,
MAYO
THE CITY OF 6PUS CHRI T , TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEY
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. -A. HUMBLE
GAGE LOZANO, SR. ,_,.(
THE ABOVP ORDINANCE WAS PASSED BY THE FOLLO ING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
dF
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
MAIL TO
DEPT. - LOCATION
Oriv_--way 2mtrances from Staples St - Casa Liada Estates Unit 4 I .3 /22 /13
! .QRA -F,
l
} In accordance with Ordinance 600 and approval of the City Council you are authorized
! to issue to Casa Linda Development Company permit for coastractioa of two driveway
entrances from Staples Street to the Casa Ludt Addition in accordance with plans
submitted.
Issuance of this permit will be subject to execution of the attached letter in
duplicate by Hr. R. O. Woodson.
Att y
acia Jx
-��
ORIGINATOR - DO NOT WRITE BELOW THIS LINE 'SIGNED
REPLY
P_rr t &o. 3422E was issued to tha Casa Linda Development Company for the con -
struetion of the two (2) driveway entrances from So. 'Staples Street to the
Casa Linda Addition, this morninUy subject to compliance with Ordinance #5097
Attached hereto is letter of agreement addreezed to you, signed by Mr. R.Q.
Woodson.
j -Pub. is Y;or'ks - inspection MO-Q,,- I 3 / 23 / 61
re:- N-H619 RITE -IT -REPLY COPY
r
March 22, 1961
Mr. Herbert W. Whitney
City Manager
City of Corpus Christi
Corpus Christi, Texas
Re; Letter of Agreement - Casa Linda Estates
Unit 4 Driveway Entrances from Staples Street
Dear Mr. Whitney:
This letter constitutes an agreement by the Casa Linda Development Company
to construct the following improvements without cost to the City of Corpus
Christi when requested by the City Manager of said City:
1. Abandon service drive adjacent to Lots 1 through 5, Block 10,
Casa Linda Estates Unit 4.
r 2. Remove curb, gutter and paving in the above described service
drive.
3. Landscape and maintain in an acceptable manner all the area
between the Staples Street curb and the property line of said
Lots 1 through 5. Such landscaping will be in accordance with
a plan approved by the City Manager.
4. Construct curb and gutter enclosing above vacated service drive.
5. Close service drive at approximately the south line of Lot 5,
Block 10, Casa Linda Estates Unit 4, construct curb and gutter
and construct a cul de sac adjacent to Lots 6 and 7, Block 10,
Casa Linda Unit 4, in accordance with plans to be approved by
the City Manager.
It is understood that any or all of the above described improvements will
be constructed when requested by the City Manager in order to provide for
the safe and orderly movement of traffic.
CASA L A DEVEL® bMT COKPANY
By v ' 1
AV 0. Woodson, Partner