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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 - 2 - 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: - 3 - (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 - 4 - 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. - 5 - (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. - 7 - 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 Ve) c „ 17. `�a %nit, .w � 4. i .A_. d t +v'ti