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HomeMy WebLinkAbout15903 ORD - 11/26/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT CONTRACT WITH SOUTHVIEW CORPORATION ON STARCREST PLACE UNIT 2, BLOCK 4, LOTS 16, 17 AND 18 AND BLOCK 6, LOTS 1, 2 AND 3, WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "I-2" OR "I-3" ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF ANY LQT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2" OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDICATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCUPANCY PERMIT FOR THE LOTS, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Southview Corporation on Starcrest Place Unit 2, Block 4, Lots 16, 17 and 18 and Block 6, Lots 1, 2 and 3, whereby the requirement that certain land be dedicated for park purposes is waived so long as each lot in the subdivision is utilized for purposes requiring an "I-2" or "I-3" zoning district designation with the stipulation that if any lot in the future is utilized for other than "I-2" or "I-3" uses, the owner pay money in lieu of land dedication prior to the issuance of a building or occupancy permit for the lots, a substan- tial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid agreement hereinabove set out at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 26th day of November, 1980. ATTEST: ., Ci -t Secretary APPROVED: 26TH DAY OF NOVEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Ass City Murrey MAY THE ITY OF CORPUS CHRISTI, TEXAS MLC OFILMED 15903 ISEP 2 719B4 STATE OF TEXAS I.- - COUNTY OF NUECES INDUSTRIAL SUBDIVISION PARK DEFERMENT CONTRACT For the purpose of compliance with the provisions of the Platting Ordinance of the City of Corpus Christi, Southview Cnrnoration developer of a subdivision within the jurisdiction of the City of Corpus Christi, known asStarcrest Place, Unit #2, Block 4, Lots 16, 17_and 18, and Rlork fi Intc 1, 2, & 3 and the City of Corpus Christi, acting by and through the authority of the City Council, and in consideration of the following mutual promises, do hereby agree and covenant as follows: The City shall, upon the Developer's compliance with all relevant ordinance requirements not herein specifically excluded or waived, approve the map or plat of the unit or section of said Developer's subdivision out of the foregoing described property and the requirement that certain land be dedicated for park purposes shall be waived so long as each lot or portion of a lot in the subdivision is utilized for purposes requiring an "I-2", light industrial, or "I-3", heavy industrial, zoning district designation. The Developer agrees that should any lot or portion of a lot within the above described subdivision ever be used or developed for uses other than those purposes requiring an "I-2", light industrial, or "I-3", heavy industrial, zoning district designation, then the ordinance requirement that certain land be dedicated for park purposes shall be satisfied by the owner of such lot cr lots so used or developed, uy paying a sum of money equivalent to the raw iand.value of 5%.of the.area.of such lot or lots within the non -industrial develooment plus six percent per annum interest on .such sum calculated from the date of this agreement. For purposes of this contract it is hereby agreed that the per acre value of the land described herein is $5,200 dollars. The total sum shall be paid to the Park Development Fund at or before the time that building and/or occupancy permit fees for such lot or lots are paid. No building or occupancy permit shall be issued without payment of the above stated sum in compliance with this agreement. Developer further agrees and covenants that the restrictions and covenants expressed herein shall be included in any deed convening any of the property within the above described subdivision and shall be made a covenant running with the land. Page One of Three Pages (Park Deferment Contract) �lY� `/7" This agreement shall be binding' upon the parties hereto, their successors and assigns and shall constitute a covenant running with the land.. The effective date hereof shall be /02.1h day of ,1/o _'e Ti.,6er 1980. ATTEST: Secretary ATTEST: City Secretary APPROVED: �/ .f, day of'�22.2uc1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci,�i,; torney CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager APPROVED: (Department Head) THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEI under my hand and seal of office this day of 1980. Notary Public in and for Nueces County, Texas Page Two of Three Pages (Park Deferment Contract) THE STATE OF TEXAS I COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this day of 1980. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS 1 COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared GPorgp R fine President of Southview Corporation , a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Snuthview Corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this /o24day of A47"14/66 -off- , 1980. C ©iZ�ZL,2, Notary Public in and for Nueces County,H Texas , CONNIE J. WEST Notary Public, State of Texas My Commission Expires 10-9-84. Page Three of Three Pages (Park Deferment Contract) Corpus Christi, T, as .24 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas . , 19,PQ For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR THE C Y OF CORPUS CHRISTI, TEXAS suspen.;d by the following vote: was pass d by the following vote: ilf 15903