HomeMy WebLinkAbout04682 ORD - 11/28/1956GGP: AP:11 /28/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF
CORPUS CHRISTI TO EXECUTE, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, ACONTRACT WITH DEL STARR REALTY CO., INC.,
A CORPORATION OF NUECES COUNTY, TEXAS, FOR THE DEDICATION OF
THE REQUIRED PARK ACREAGE IN CONNECTION WITH THE SUBDIVISION
DEVELOPMENT OF SCHANEN ESTATES, AN ADDITION TO THE CITY OF
CORPUS CHRISTI, TEXAS, ' 0HICH SETS FORTH THE TERMS AND CON-
DITIONS OF SUCH PARK DEDICATION AND /012 CASH PAYMENT AND THE
METHOD AND MEANS OF DEVELOPING SAID PARK AND CERTAIN COVENANTS
AND RESTRICTIONS IN THE USE THEREOF; AND ACCEPTING A PERSONAL
COVENANT, OBLIGATION AND GUARANTEE OF R. H. STARTZELL OVER AND
ABOVE THAT OF SAID DEL STARS REALTY CO., INC., FOR PAYMENT OF
THE CASH AMOUNT IN LIEU OF SAID REQUIRED PARK DEDICATION IN
THE EVENT SAID CASH PAYMENT BECOMES DUE AND PAYA3LE AS PRO-
VIDED 3Y THE TERN1J OF SAID CONTRACT, WITH COPIES OF SAID
CONTRACT AND PERSONAL OBLIGATION OF R. H. STARTZELL BEING
ATTACHED HERETO AND MADE A..PART HEREOF; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, D0E5 REGULATE THE PLATTING
OF TRACTS OF LAND INTO SUBDIVISIONS BY ORDINANCE No. 416o, WHICH REQUIRES THAT
FIVE PER CENT (50) OF THE TOTAL AREA PLATTED FOR SUBDIVISION PURPOSES MUST 3E
DEDICATED TO THE PUBLIC FOR PART( PURPOSES BEFORE SUCH A PLAT IS ACCEPTED AND
APPROVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXAS;
AND
WHEREAS, THE DEL STARR REALTY Co., INC., DOES RECOGNIZE SUCH PARK DEDI-
CATION REQUIREMENTS AND DOES DESIRE TO FULLY COMPLY WITH THE CITY OF CORPUS CHRISTI �S
ORDINANCE No. 4168 IN MAKING SAID REQUIRED PARK DEDICATION FOR THE BEST INTERESTS
OF SOTI-I THE DEVELOPMENT OF ITS SUODIVISIDN AND THE CITY OF CORPUS CHRISTI, TEXAS,
BY PROVIDING A SINGLE LARGE PARK SITE RATHER THAN SEVERAL SMALL DISCONNECTED PARKS
IN EACH OF THE UNITS IT DEVELOPS IN ITS SUBDIVISION KNOWN AS SCHANEN ESTATES; AND
WHEREAS, THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI,
TEXAS, HAS RECOMMENDED THAT THE PLAN FOR SAID PARK DEDICATION AND/OR CASH PAYMENT
15 LIEU THEREOF BE APPROVED IN ACCORDANCE WITH THE HEREINAFTER SET FORTH AGREEMENT
AND PERSONAL OBLIGATION OF R. H. STARTZELL; AND
WHEREAS, IT HAS BEEN RECOMMENDED BY THE ZONING AND PLANNING COMMISSION
OF THE CITY OF CORPUS DHRISTI, TEXAS, THAT 55ID PARK DEDICATION AND/OR CASH PAY -
MENT 15 LIEU THEREOF 3E APPROVED IN ACCORDANCE WITH THE HEREINAFTER SET FORTH AGREE-
MENT AND PERSONAL ORLI GATI ON OF 2. 1-I. STARTZELL:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI OE,
AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE ISAID
1-f(0 2-
CITY OF CORPUS CHRISTI A CONTRACT WITH THE DEL STARR REALTY CO., INC., FOR
THE DEDICATION OF THE REQUIRED PARK ACREAGE OR PAYMENT IN CASH FOR THE VALUE
OF SUCH PARK ACREAGE AS REQUIRED SY THE CITY OF CORPUS CHRISTI'S ORDINANCE No.
4168, IN CONNECTION WITH THE DEVELOPMENT OF SCHANEN ESTATES A SUBDIVISION OF
THE CITY OF CORPUS CHRISTI, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND
MADE A PART HEREOF AND READS AS FOLLOWS:
THE STATE OF TEXAS 1
X
COUNTY OF MACES 1
WHEREAS, the Del Starr Realty Co., Inc., a corporation duly in-
corporated under the laws of the State of Texas, is the owner of a certain
tract or parcel of land containing approximately 126.27 acres of land in
Suedes County, Texas (same being Units One and Two of Schanen Estates),
which it is desirous of subdividing and Belling for subdivision purposes;
and,
WHEREAS, the said Del Starr Realty Co., Inc., has an option to
purchase approximately 236 additional acres of land adjacent to the afore-
mentioned 126.27 scrag, all as shown on Preliminary Plat Number Six prepared
by the H & M Engineering Company dated January 31, 1956, for a subdivision
to be known as Schanen Estates, a copy of said plat marked Exhibit "A" being
attached hereto and made a part hereof; and,
WHEREAS, the City of Corpus Christi, by and through its Zoning
and Planning Commission and by a certain Ordinance of the City of Corpus
Christi, Texas, Number 4168, regulating the platting of tracts of land into
subdivisions, has required that before a plat is accepted and approved by
the Zoning and Planning Commission of the City of Corpus Christi that five
per cant (5%) of the total area platted for subdivision purposes must be
dedicated to the public as a park; and,
WHEREAS, the Zoning and Planning Commission has recommended and
suggested to the Del Starr Realty Co., Inc., (successor to the Jon Reld
Realty Company) that the Owner and subdivider make such a park dedication
in one large contiguous tract rather than to dedicate five per cent (5%)
of each Unit of the subdivision for park purposes as each Unit is developed.
NOW, THEREFORE, the Del Starr Realty Co., Inc., acting by and
through its duly authorized officers, and the City of Corpus Christi, a
municipal corporation acting by and through its duly authorized officers,
with reference to the above, agree as follows:
I.
The Del Starr Realty Co., Inc., agrees that in the event it
develops the entire tract of land consisting of approximately 362.27 ac-
res for subdivision purposes that it will, when it acquires an unencumbered
fee simple title to said entire tract, dedicate to the City of Corpus
Christi, Texas, approximately 18 acres, excluding in the calculation of
maid 18 acres any Central Power and Light Company easement or easements
now in existence and adjacent to said proposed 18 acres, to the public
for park purposes, all as shown on the aforementioned Preliminary Plat
Number Six of Schanen Estates marked Exhibit "A" attached hereto and hereby
adopted by the parties hereto for all purposes.
11.
The following terms and provisions shall govern said park dedi-
cation should the Del Starr Realty Co., Inc., develop less than all of the
acreage platted as Schanen Estates according to said Preliminary Plat Num-
ber Six of Schanen Estates attached hereto and marked Exhibit "p ";
(a) In the event that the Del Starr Realty Co., Inc., does not
exercise its option to acquire and actually develop any of the remaining
acreage platted as Schanen Estates according to said Preliminary Plat Num-
ber Six of Schanen Estates, then the Del Starr Realty Co., Inc., agrees
that in,.lieu of park dedication it will pay to the City of Corpus Christi
in cash the sum of Six Thousand Three Hundred Eighty -Five Dollars and
Ninety -Two Cents ($6,385.92) representing payments in lieu of land dedi-
cation for park purposes for Units One and Two of Schanen Estates, such
payments to be made not later than November 1, 1960.
(b) Should the Del Starr Realty Co., Inc., prior to November 1,
1960, acquire and develop the 78.6 acre tract of land within which the pro-
posed 18 acre, more or less, park site lies, as shown by said Preliminary
Plat Number Six of Schanen Estates, then the Del Starr Realty Co., Inc., in
lieu of any park payment, will dedicate for park purposes out of the pro-
posed 18 acre park site 10.22 acres of land to the City of Corpus Christi,
and the Del Starr Realty Co., Inc., agrees to sell and the City of Corpus
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Christi agrees to buy the remaining 7.78 plus -or -minus acres for use for
park purposes at an agreed price of One Thousand One Hundred Eighty -Three
Dollars ($1,183.00) per acre.
(c) Should the Del Starr Realty Co., Inc., acquire and develop
all or a part of the remaining acreage, other than as identified in Sec-
tions (a) and (b) above on said Preliminary Plat Number Six of Schanen
Estates, then the Del Starr Realty Co., Inc., will reimburse the City of
Corpus Christi, in lieu of further dedication of land for park purposes
for Schanen Estates, and in compliance with the requirements of Ordinance
No. 4168, by payment to the City of a sum of money amounting to One Thou-
sand One Hundred Eighty -Three Dollars ($1,183.00) multiplied by the number
of acres which the Del Starr Realty Co., Inc., as developer is now required
to dedicate for park purposes by the requirements of Ordinance Number 4168
for such Subsequent acreage ae it should develop as a subdivision within
Schanen Setates as identified by said Preliminary Plat Number Six of Schanen
Estates.
(d) If on November 1, 1960, the Dal Starr Realty Co., Inc., has
not developed the 78.6 acres of land containing the proposed 18 acre park
site, as identified on said Preliminary Plat Number Six of Schanen Estates,
but has acquired sufficient ownership rights to convey unencumbered title
to the City of 6.31 acres out of the area included in said 78.6 acres, the
City shall have the Option of requiring the conveyance of said 6.31 acres
or of accepting the cash payment provided in paragraph (a) hereof.
(e) Should that portion of the Ordinance or Ordinances of the
City of Corpus Christi requiring the dedication of land for park purposes
be held to be invalid or should the City of Corpus Christi abandon and
cease to make such requirement, than the Del Starr Realty Co., Inc., shall
not be required to fulfill any unfulfilled portion of this agreement other
than the payment in cash of the sum of Six Thousand Three Hundred Eighty -
Five Dollars and Ninety -Two Cents ($6,385.92).
III.
The City of Corpus Christi in the acceptance of this contract agrees
as follows:
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(a) That in the event that the Del Starr Realty Co., Inc., is
caused to and does dedicate the land or a part thereof platted as park
area on said Preliminary Plat Number Six of Schanen Estates marked Exhi-
bit "A" and attached hereto, then the City of Corpus Christi will dedicate
in, on, under, around and through said park area any and all easements for
utility right -of -ways necessary to properly develop said park and said sub-
division and will also dedicate for street right -of -way purposes one -half
(1/2) of the total street right -of -way of any street bounding said park
along and around said park necessary to properly develop said park and
said subdivision.
(b) The City of Corpus Christi will upon the dedication of said
park, or a part thereof, by the developer assume the maintenance of said
park and develop and maintain the area dedicated for park purposes, as well
as any contiguous tract acquired by the City for park purposes, in accord-
ance with the provisions made by Ordinance Number 4168 as the same is pres-
ently written, and the City will fulfill all of the obligations imposed 'upon
it by said Ordinance, including paying its share of the costs of the paving,
curbs and gutters, around said dedicated park area.
(c) The City of Corpus Christi agrees that if said park is not
developed in accordance with the requirements of Ordinance Number 4168 then
that a11 of the rights provided for and inuring to the benefit of the devel-
oper under Ordinance Number 4168 as it is presently written shall be appli-
cable to and available to the Del Starr Realty Co., Inc.
(d) In the event that the developer makes a cash payment as
hereinabove provided for, the City of Corpus Christi agrees to apply said
cash payment toward the development of the park located nearest that portion
of Schanen Estates which is actually developed.
(e) The City of Corpus Christi agrees that it will adapt the fol-
lowing restrictions regulating the use to be made of said park and the
improvements to be made upon said park as follows:
(1) That no permanent grandstand exceeding five (5) tiers
in height or any other seating arrangement exceeding five (5) tiers in
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height will be used in connection with sports events on the tract herein
conveyed, either by the City, or by any assign, lessee, licensee or permit -
tee of the City herein.
(2) That no permanent structure or building of any type
whatsoever shall ever be erected for commercial purposes or used for com-
mercial purposes upon the premises herein agreed to be conveyed, or dedi-
cated, either by the City, or any assign, lessee, licensee or permittee of
the City, provided however, that this said covenant and condition is not
designed to prohibit, and does not prohibit the vending of cold drinks or
other confections on the premises, provided that none of said drinks and
confections are manufactured or prepared on the premises, and provided that
no more than two small buildings or stands of one story construction not to
exceed twenty feet (20') by twenty feet (20') in size shall be erected on
the premises for such purpose of vending cold drinks and confections, and
provided further that no such structure, including a grandstand or seating
arrangement, shall be ereoted:.closer than one hundred feet (100') to any
boundary line of the park tract.
(3) That no tennis court, swimming pool, playground equip-
ment of recreational facilities installed or utilized upon the premises
shall be commercialized by the City of Carpus Christi, or its assigns, les-
sees, licensees or permittees of the City, but provided futher, that this
covenant and condition is not designed to prohibit and does not prohibit
the City of Corpus Christi alone (but not including any assign, lessee,
licensee or permittee of the City), from erecting and constructing on said
tract a swimming pool, tennis courts or other recreational facilities and
such buildings as are customarily incident to such park uses, nor does it
prohibit the City of Corpus Christi from making a charge for the use of the
tennis courts, swimming pool and other recreational facilities, provided
that any such charge made shall be sufficient merely to defray the expense
(or a part thereof) of the operation of said swimming pool, tennis courts
and recreational facilities.
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(4) That no intoxicating beverages shall be vended, or
sold upon the premises, either by the City of Corpus Christi, its assigns,
lessees, licensees or permittees.
(5) That if the City, its assigns, lessees, licensees, per -
mittees, or any of them, shall knowingly breach and fail to observe or
enforce the covenants and conditions hereinabove set out, said premises
(but not the buildings, fixtures and equipment erected thereon) shall re-
vert to and become revested in the grantor herein, its successors and as-
signs, as fully as if these presents had not been made; which said restrictions
shall be made a part of any conveyance by the Del Starr Realty Co., Inc.,
its successors and assigns, of the park area.
This contract shall be binding upon the successors and assigns
of both parties, but nothing contained herein shall authorize the City of
Corpus Christi to assign to any person whomsoever its rights and obliga-
tions contained herein.
DATED this the day of November, 1956, in multiple
originals.
ATTEST:
TZELL, Secretary
(SEAL)
(SEAL)
DEL STARR REALTY CO., INC.
Sy;
R. R. STARTZELL, P .ident
CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary RUSSELL E. McCLURE, City Manager
APPROVED AS TO LEGAL FORM1
I. M. SINGER, City Attorney
•
STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally ap-
peared R, R. STARTZELL, President Of DEL STARR REALTY CO., INC., known to
me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the said
Del Starr Realty Co., Inc., a corporation, and that he executed the same
as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of
November, 1956.
Notary Public in anddior
Nueces County, Texas.
STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared RUSSELL E. McCLURE, City Manager of the City of Corpus Christi,
Texas, known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same was
the act of the said City of Corpus Christi, Texas, a municipal corporation,
and that he executed the same as the at of such corporation for the pur-
poses and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of November, 1956.
Notary Public in and for
Nueces County, Texas.
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SECTION 2. THAT THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY
ACCEPT THE PERSONAL COVENANT, OBLIGATION AND GUARANTEE OF R. H. STARTZELL OVER
AND AHDVE AND IN ADDy2ION TO THAT OF- HE DEL STARR -REALTY CO., INC., AS PROVIDED..
IN SAID CORPORATIONS CONTRACT HEREINABOVE SET FORTH FOR PAYMENT OF THE CASH
AMOUNT IN LIEU OF SAID REQUIRED PARK DEDICATION IN THE EVENT SAID CASH PAYMENT
BECOMES DUE AND PAYABLE AS PROVIDED BY THE TERMS OF SAID CONTRACT, A COPY OF
WHICH PERSONAL COVENANT, OBLIGATION AND GUARANTEE OF R. H. STARTZELL 1S ATTACHED
HERETO AND MADE A PART HEREOF AND READS AS FOLLOWS:
STATE OF TEXAS' f
COUNTY OF DUNCES
WHEREAS, the Del Starr Realty Co., Inc., a Ts:raa corporation,
is subdividing a certain tract or parcel of land in Fleeces County as a
subdivision to be known as $chanen Estates, Units One and 'Lao; and,
WHEREAS, under and by virtue of the terms of a certain agree-
ment relating to parks entered into between the Del Starr realty Co., Lab,*
and the City of Corpus Christi, the Del Starr Realty Co., Inc., has became
bound and obligated, under certain coadi.ti.ona, to pay to the City of Corpus
Christi the num of Six Thousand Three Hundred Eighty -Five Dollars and
Ninety -Two Cents (¢6,385.92); and,
6.H6r&EA5, the undersigned is a stockholder in the Del Starr
Realty Co., Inc., and is interested in having the contract between the
City of Corpus Christi and the Del Starr Realty Co., Inc., approved;
NOW, THEREFORE, I, the undersigned, hereby guarantee meant to
the City of Corpus Christi of said surf of Six Thousand Three Hundred Eighty -
Five Dollars and Ninety -Tiro Cents ($6,385.92) according to the terms and
conditions of said park contract, this guarantee to be binding upon my
heirs and assigns.
WITNESS my heed, this the day of November, 19S6.
R. H. STARTZE.L
STATE OF TEXAS I
Y
COUNTY OF NU'EC88 1
BEFORE ME, the undersigned authority, a Rotary Public in and for
Nueces County, Texas, on thie day peraanally appeared E. H. STAfTZEL1.,
known to me to be the person whose name is subscribed to the foregoing in-
atrumsnt and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of cffi.ie this day of
November, 1956.
Notary Public in end for
Hammes County, Texas.
SECTION 3. THE FACT THAT THE PARK DEDICATION HEREIN PROVIDED FOR
IS MADE IN CONJUNCTION WITH AND AS A CONDITION OF THE ANNEXATION OF CERTAIN
CONTIGUOUS TERRITORY OF WHICH SAID PARK AREA IS A PART, IN THE OPINION OF THE CITY
COUNCIL, 15 DEEMED TO BE IN THE PRESENT INTEREST OF THE CITY 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 REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED
THAT SUCH EMERGENCY AND NECESSITY EXIST, REQUESTING THAT SUCH CHARTER RULE BE
SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE IT IS INTRODUCED
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT
15 ACCORDINGLY 50 ORDAINED.
PASSED AND APPROVED, THIS THE if
DAY OF NOVEMBER, 1956.
MAYOR
APPROVED AS TO LEGAL VORM
NOVEM_ R 28, 1 6:
T `' 6r(11 OF CORPUS CHRISTI, TEXAS
CORPPU{g�J CHRISTI, TEXAS
,1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
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 15 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 REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULL
MAYVH'rr r
THE CIS' 0 COkPUIRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
MINOR CULLI
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
MINOR CULLI
B. E. BILLER
MANUEL P. MALDONADO
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