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Home My WebLink About09081 ORD - 10/16/1968vmp:lo/16/68 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORA- TION CONCERNING PARK DEDICATION AND IMPROVEMENT OF CERTAIN PARCELS OR TRACTS OF LAND LOCATED ON PADRE ISLAND, NUECES COUNTY, TEXAS, SITUATED BETWEEN THE BOUNDARY DIVIDING MUSTANG AND PADRE ISLANDS AND THE BOUNDARY DIVIDING KLEBERG AND NUECES COUNTIES, TEXAS, CONTAINING APPROXIMATELY 3800 ACRES OF LAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORA- TION CONCERNING PARK DEDICATION AND IMPROVEMENT OF CERTAIN PARCELS OR TRACTS OF LAND LOCATED ON PADRE ISLAND, NUECES COUNTY, TEXAS, SITUATED BETWEEN THE BOUNDARY DIVIDING MUSTANG AND PADRE ISLANDS AND THE BOUNDARY DIVIDING KLEBERG AND NUECES COUNTIES, TEXAS, CONTAINING APPROXIMATELY 3500 ACRES OF LAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE 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, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 16TH DAY OF OCTOBER, 1968. ATTEST f CIT ECRE A Y / APPROVED: DAY OF OCTOBER, 196$: t CITY A TORNEY THE CITY OF CORPUS CHRISTI, TEXAS 9081 PARK AGREEMENT WHEREAS, Padre Island Investment Corporation, a Texas corporation, herein- after called "Padre ", has submitted to the City of Corpus Christi, Texas, herein- after called "City ", certain plats of portions of Padre's property located on Padre Island, Nueces County, Texas, situated between the boundary dividing Mustang and Padre Islands and the boundary dividing Kleberg and Nueces Counties, Texas, con- taining approximately 3800 acres of land, hereinafter called "Padre Island- Corpus Christi "; and WHEREAS, the Planning Commission of City has made certain requirements with respect to the dedication of parks in accordance with the City Platting Ordinance before it will approve any more plats out of said Padre Island- Corpus Christi: NOW, THEREFORE, Padre and City hereby agree as follows: 1. Padre shall dedicate and convey, by instrument in the form attached and marked "Exhibit A ", certain tracts of land at or in the vicinity of those tracts marked "Reserved" on the preliminary plan filed by Padre with the City Planning Commission, the total area of which shall be equal to five per cent (5 %) of the total area of said Padre Island- Corpus Christi (save and except any acreage pre- viously exempted from such requirement).' 2. Padre shall designate the proposed location of each park area on each preliminary layout of a specified area, in the manner and in the form of the pre- liminary layout of Barataria Bay, a copy of which is attached hereto, marked "Exhibit B ", and made a part hereof. 3. The final plat of each unit which contains a park shall designate the park area by a lot or block number, or as a "Water Access Tract ",' or in some other manner mutually acceptable to the City and Padre. Concurrently with the filing of the final plat of such unit, an instrument of dedication, in the form of Exhibit A, shall be filed in the Office of the County Clerk of Nueces County, Texas, thereby restricting the use of such area for park and park related uses. 4. At such time as a subdivision unit which contains a park area is developed by the construction of the permanent improvements required under the terms of the Platting Ordinance of the City, simultaneously therewith, Padre shall "improve" such park areas. The term "improve" shall be construed to mean such filling and grading as may be necessary for the practical use of said park (after the land is brought to approximate grade level of the surrounding property by Padre), installa- tion of an irrigation system, and sodding and planting of basic grass, trees and shrubs. Such term shall also include the installation or furnishing of such other additional park or park related facilities as may be approved by the City Planning Commission by written instrument prior to the installation or furnishing of such additional park or park related facilities. 5. Such park area shall become dedicated public parks at such time as the City Council has: a. Reimbursed Padre for the City's portion of the cost of curb and gutter and paving on any streets within the subdivision bounding the park and shall also pay the costs of any utility extensions required to serve such park, as provided in Section N, paragraph F -1 -(c) -III of the City Platting Ordinance; however, if such por- tion of such City Platting Ordinance shall be amended prior to the completion of the subdivision improvements contemplated in this paragraph 5a, then this paragraph shall be amended so that the obligations of the City under the terms of this paragraph shall be identical to those set forth in such portion of the City Platting Ordinance, as it may be at the time of the completion of such subdivision improvements; and b. Reimbursed Padre for all sums expended in improving such park area, as prescribed in paragraph 4 above (excluding costs of dredging and filling to bring such park area to the approximate grade level of the surrounding property; and c. Adopted a resolution accepting such park area for maintenance and continuing development of such park area. Thereupon, Padre shall have no further obligations with respect to such park area as though it were originally dedicated as a park with the filing of the plat of the subdivision unit within which it is located. 6. This agreement shall be binding upon the parties hereto, their succes- sors and assigns, and may be specifically enforced by either party, its successors -2- 61 44, or assigns. In addition, the provisions hereof shall be covenants running with the land and shall be binding upon Padre, or any successor in interest to any of such park areas. DATED October 15, 1968. PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXAS By S. S. Bowling, Chairman CITY OF CORPUS CHRISTI, TEXAS By Marvin Townsend, City Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF OCTOBER, 1968. City Attorney T -3- PADRE ISLAND INVESTMENT CORPORATION By Ben D. Marks, President ATTEST: K,V&' Z4 U) . ra a Secretary -r EXHIBIT. A' THE STATE OI' TEXAS DEED COUNTY OF NUECNS Padre Island Investment Corporation, a Texas corporation, hereinafter called "Padre ", for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted and conveyed, and by these presents does hereby grant and convey unto Padre Island Investment Corporation, Trustee, hereinafter called "Trustee ", the surface estate in and to the following described property situated in Nueces County, Texas, to -%it: Lots 1, 2, 38 and 39 of Block 5 and the tract designated-as "Water Access Area" on the map or plat of Padre Island - 'Corpus Christi, Barataria Bay Unit 2, a subdivision of Nueces County, Texas, as shown by map or plat thereof recorded in Volume 34, pages 62 and 63, Map Records of Nueces County, Texas, reference to which is here made; a TO HAVE AhD TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Trustee, its successors and assigns, forever; and Padre does hereby bind itself, its succes- sors and assigns, to warrant and forever defend all and singular the said premises unto Trustee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; SUBJECT TO the matters hereinafter set forth, which shall be covenants running with the land, to -wit: 1. The above described property is hereby designated as a park or beautifica- tion area, being a "common area" within the terms and provisions of Part VI "Landowners` Agreement" of the Protective Covenants and Landowners` Agreement, Padre Island- Corpus Christi, Barataria Bay Units 1 and 2, dated August 20, 1968, recorded in Volume 1292, rage 114, Deed Records of Nueces County, Texas, reference to which is here made (herein called "Protective Covenants "). 2. Such property shall be improved and maintained for the cormon use, enjoy- ment and benefit of the owners of the property, designated as the Padre Island - Corpus Christi Project in such Protective Covenants. 3.' Such property is subject to the terms, provisions and conditions of that certain Park Agreement by and between Padre and the City of Corpus Christi, Texas, dated October 15, 1968, the terms of which are incorporated herein by reference as if fully set out below. 3. The uses and purposes of the property herein conveyed shall not be altered by amendment of such Protective Covenants unless the instrument of amend- ment is joined in by the City of Corpus Christi, Texas. DATED October , 1968. PADRE ISLAND INVESTMENT CORPORATION ATTEST: By Ben Marks, Tfesident Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Ben D. Marks, known to me to be the person whose name is subscribed to the foregoing instru- ment as President of Padre Island Investment Corporation, a corporation, and acknowl- edged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of October, 1968. ° Notary Public in and for Nueces County, Texas -2_ I CORPUS CHRIST], TEXAS DAY OF {{GgbW. Q, 19 TO THE MEMBERS OF' THE CITY COUNCIL CORPUS CHRISTI, TEXAS . FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Y R\ THE CITY OF CORPUS CHRISTI; TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLA CKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS 0 November 1, 1968 Mr. Ben D. Marks Padre Island Investment Corporation Six Hundred Building Corpus Christi, Texas Dear Mr. Marks: Herewith is an executed copy of an agreement between the City and Padre Island Investment Corporation pertaining to the develop- ment of Barateria Bay, Unit 4. This document is for your files. Yours very truly, T. Ray Kring City Secretary TRK /jw Enclosure L !) G L7