The URL can be used to link to this page

Home My WebLink About05347 ORD - 05/06/1959JAW:AH:5 -6 -59 AN ORDINANCE AND DIRECTING THE CITY MANAGER TO DFLIVER. FOR AND CN BEHALF OF THE AS SHOWN Uv KtLUKU.IN vv"UI5L ,„ w- _." MAP RECORDS OF NUECES COUNTY, TEXAS, SO AS 200,000 SQUARE FEET PERMITTED FOR BUILDING AREA AS ORIGINALLY PROVIDED ON SAID PLAT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IT APPEARING TO THE CITY COUNCIL THAT THE RE- STRICTION NOW IN EXISTENCE ON BLOCK "A °, PARKDALE SHOPPING CENTER, OF RECORD IN VOLUME 19, PAGE 49, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, RESTRICTING THE BUILDING AREA ON SAID BLOCK TO 200,000 SQUARE FEET WITH THE BALANCE OF THE SAID BLOCK DESIGNATED AS PARKING AREA PROVIDES FOR SOME EXCESS OF PARKING AREA OVER THE NEEDS OF THE BUILDINGS LOCATED.THERE- ON, AND THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI HAVING RECOMMENDED THE AMENDMENT OF THE RESTRICTION ON SAID PLAT SO AS TO PERMIT THE USE OF AN ADDITIONAL 25,000 SQUARE FEET AS A MINIATURE GOLF COURSE, INCLUDING AN OFFICE THEREIN COVERING NO MORE THAN 100 SQUARE FEET, THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AMENDMENT TO SAID RESTRICTION, A COPY OF WHICH IS ATTACHED HERETO, SECTION 2. THE FACT THAT IT IS TO THE INTEREST OF THE PUBLIC TO ALLOW THE ADDITIONAL 25,000 SQUARE FEET AS A USE FOR A MINIATURE GOLF COURSE IN THE AREA DESIGNATED AS BLOCK °A °, PARKDALE SHOPPING CENTER, BY AMENDING THE RESTRICTIONS ON SAID AREA 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 SUCH EMERGENCY AND NECESSITY TO EXIST HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY PASSED AND APPROVED, THIS THE -L-AY OF MAY, 1959• r MAYOR THE CITY OF PUS CHR TI, TEXAS ATTEST,; 1, CITY-SECRETARY l APPROVED AS TO LEGAL FORM THIS 6TH DAY OF MAY, 1959= CITY ATTORNEY�- THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, PARKDALE PLAZA COMPANY IS Tt� \E \OWNER of BLOCK "A ", PARK- DALE SHOPPING CENTER, CORPUS CHRISTIy NUECES COUMTy, TEXAS, AS SHOWN BY RE- PLAT OF BLOCK "A ", PARKDALE SHOPPING CENTER, of RECORD IN VOLUME 19 AT PAGE 49 OF THE MAP RECORDS OF NUECES COUNTY, TO WHICH SAID MAP AND THE RECORD THEREOF REFERENCE IS HERE MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID PROPERTY; AND WHEREAS, THE AFORESAID REPLAT OF BLOCK "A ", PARKDALE SHOPPING CENTER, CONTAINS UPON ITS FACE THE FOLLOWING RESTRICTION RELATIVE TO SAID BLOCK "A ", PARKDALE SHOPPING CENTER, TO -WITI "STATE OF TEXAS COUNTY OF NUECES PARKDALE PLAZA COMPANY, A TEXAS CORPORATION, ACTING BY AND THROUGH HARRY WEISMAN, ITS PRESIDENT, HEREBY CERTIFIES THAT IT IS INC OWN- ER OF THE LANDS EMBRACED WITHIN BOUNDARICS OF BLOCK 'A/ PARKDALE SHOPPING CENTER LOCATED IN THE CITY OF C RPUS CHRISTI, TEXAe, THAT SAID COMPANY HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN ON THE FOREGOING MAP THAT ALL STREETS IN SAID SHOPPING CENTER ARE DEOI+ WED TO THE PUBLIC USE FOREVER] THAT THIS MAP OF BLOCK 'A* PARK- DALE SHOPPING CENTER IS MADE FOR THE PURPOSE OF DEDICATION AND DESCRIPTION, THAT THE USE OF THIS LAND IS R STRICTED SO THAT NOT IN EXCESS OF 200,E SQUARE FEET (4.591 At.) OF LAND WILL BE OC- CUPIED BY BUILDING OR BUILDINGS AND ALL SUCH BUILDINGS SHALL BE LOCATED WITHIN THE BUILDING LINES AS SHOWN; THE REMAINING ACREAGE, 27.279 ACRES OF SAID BLOCR 'AI SHALL BE USED ONLY FOR WALKS, PARK- - ING, ACCESS ROADS, SERVICE AREAS AND BEAUTIFICATION; THAT THE CITY OP CORPUS CHRIST►, TEXAS, SHALL HAVE INC RIGHT TO ENFORCE THIS RE- STRICTION BY INJUNCTION OR OTHER LEGAL REMEDY. THIS THE 21ST DAY OF DECEMBER, 1955." AND c WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, F HAS HERETOFORE DETERMINED THAT IT IS IN THE PUBLIC INTEREST THAT SAID RE- STRICTION AFORESAID BE AMENDED; NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS, THAT IT 15 AGREED BY AND BETWEEN THE CITY OF CORPUS C #RIST1, NUECES COUNTY, TEXAS, ACTING BY AND THROUGH ITS CITY MANAGER, HERBERT W. WHITNEY, HEREUNTO DULY AUTHORIZED BY ORDINANCE N0. OF THE CITY OF CORPUS E r, gist. end Parkdale Plaza Ca= e c : g xe.&1_ dent he:euato duly authorized, cw f' :12cvad 1. That the rectrlcticn appljcable to B'OCic "A ", rarkdaLf. SiiaT- ,ping Center, as it aPes upon the replay of Block "A ", Farkdaie Shopping Center, above referred to and mere particularly described, be and is hereby amended so as to read as follows: "Parkdale Plaza Company, a Texas corporation, acting by and through $er.'7 Weisman,, its President, hereby certifies that it is the own- er of the lends embraced within boundaries of Block 'A' Perkdale Shopping Center located in the City of Corpus Christi, Texas, that said company had said lend surveyed end subdivided as shown on th, foregoing map;that all streets in said shopping center are dedi- cated to the public use forever; that this map of Block 'A' Park - dale Shopping Center is a4de for the purpose of dedication and description, that the use of this lend is restricted so that not in excess of 200,000 square feet of land will be occupied by build- ing 0r buildings end all such buildings shell be located within the building lines as shown; that an add.*_tional 25,000 square feet may be occupied by a miniature golf course (Including an office there - for covering 100 square feet of land area in addition to the 200,pW) Square feet above referred to); the remaining acreage of said Block 'A' shall, be used only for walks, parking, access roads, oer- vice areas and beautification; that the City of Corpus Christi, Texas, shell have the right to enforce this restriction by injunc- tion or other legal remedy." 2. mat the City of Corpus Christi waives, releaseo, and fcreve. rel zaulahes Ito the said Parkdale Plaza ComPmy the right to enforce sadd restriction above described and set forth as it presently appears on the face Of the map Of replat of Block "A ", Parkdale Shopping Center, Of record in Volume 19 at ,page 49 of the yap Aeccrda of Bueces Covty, T xas. but reserves L�nto itself 811 legal rights which it may have to enforce send restriction, es amended, in and by paragraph No. 1 abo-m. ZMC:PM in irupileate Origir.yls, this day' of f 1959, binding the p—iea hereto, their successors and assigns. CITY OF CORPUS CHRISTI By��"rT f her6ert W. Whitryc Llt� ;eager A� HE-3T: a �c� APPROVED AS TO LEGAL FORM THIS OTH 04Y OF MAY, 1959: City cretary iTY ATTORNEY -2- — - -I CORPUS CHRISTI, TEXAS 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 SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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 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. RESPECTFULLY, MAYOR THE CITY OF C US CHRIST U, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% EILLROY KING I f f � JAMES L. BARNARD'' -� MRS. RAY AIRHEART JOSEPH B. DUN% r PATRICK J. DUNNE �1 °�" R. A. HUMBLE �•�''• ', - - 7 GABE L. LOZANO, SR. !rte THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN r PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. i