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HomeMy WebLinkAbout05442 ORD - 07/29/1959• �JKH:1 -21 -59 - i, , AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT WITH PARKDALE PLAZA COMPANY AMENDING THE RESTRICTION RELATING TO BUILDING AREA OF BLOCK "A ", PARKDALE SHOPPING CENTER, AS SHOWN OF RECORD IN VOLUME 19, PAGE 49 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SO AS TO PERMIT A BUILDING AREA OF 275,000 SQUARE FEET IN ADDITION TO THE 25,000 SQUARE FEET WHICH MAY BE OCCUPIED BY A MINIATURE GOLF—C-0073—E, BY AUTHORITY OF ORDINANCE NO. 5347, INSTEAD OF 200,000 SQUARE FEET, 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 RESTRICTION NOW IN EXISTENCE ON BLOCK "A ", PARKDALE SHOPPING CENTER, OF RECORD IN VOL. 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 SAID BLOCK DESIGNATED AS PARKING AREA DOES NOT PROVIDE THE BEST USE OF SAID AREA IN THAT THE PARKING AREA IS FAR IN EXCESS OF THE WORKING AREA NEEDED FOR THE BUILDINGS LOCATED THEREON, AND THE ZONING AND PLANNING w COMMISSION OF THE CITY OF CORPUS CHRISTI HAVING RECOMMENDED THE AMENDMENT OF THE RESTRICTION ON SAID PLAT SO AS TO PERMIT UP TO 275,000 SQUARE FEET IN BUILDING AREA, IN ADDITION /TO THE 25,000 SQUARE FEET AUTHORIZED BY ORDINANCE No. 5347, DATED MAY 6, 19591WHICH MAY BE OCCUPIED BY A MINIATURE GOLF COURSE, 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 AND MADE A PART HEREOF. ` SECTION 2. THE FACT THAT IT IS TO THE INTEREST OF THE PUBLIC TO MAKE THE BEST USE OF 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 p ia THE CHARTER RULE THAT NO [" ORDINANlt£IE -:"-: O ^ R1 r4RESOLUTION 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 ,5442 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 IS ACCORDINGLY PASSED AND APPROVED, THIS THE -DAY OF, 1959• ATTEST: A _ MAYOR THE CITY OF 6pus CHRI I, TEXAS 4C-Y(AFGr CITY SECRETARY APPROVED AS TO LFGAW FORM THIS THE.- U DAY OF , 1959: CITY ATT'ORNEY [ k, --- - — - — - — - — -- TIT. SrATE Qr TL 5 CrMNY OF tMCES WIMIUASs P91rRdele Place Coz�pany Is the OVXr of Block "A", PMW816 Shopping Centers Corpus Christi, Nueces Cotmty, Texas, as shown by re-plat Or Lljock nAll * Parkdele Shopping -Ce-ntCV# Of record In Volume 19 at Page 49 Of thc MaD, ftc-cords, Of Kueccs Colkity, Texas, to Which Said rap and the record there- of reference Is here =ado for a more rArtIcular description of said property; and, , W1 R14AS, the aforesaid replat Of Block Wo Parkdale' Shopping Center, contains upon Its face the following rootric- tion, relative t* said Block "A", Parltriale Shol ppinj Center, to- wits "STATE OP TENAS CaRVY OF M=ES Par1fdalc Plaft company, a Texas corporation, acting by and through Harry Weisran' its president, -hereby--cort$- ties that It to the owner of the land* embraced within boundarleb of T 4 �locic #A1 Parkdale Shopping Center - locat- ed In tree MY Of Corpus Chr4stI$ Tcxass that said company had said land surveyed and subdivided as shcurn On th610MOIng 219P that all streets In said shop �qjag center are dedicated to the Public Use forever; tfiat this mal* Of 111odl W Farkdale Shopping Center is c4adc. for the OWD000 Of dedIcatIon and description, hat tl%e use of this land to restrictea so that not jn1excess of 200,000 square feet (4.591 Ac.) of land will be occupied by building or bulldings, and all such buildings S�ell be I" tOd within the building lines an silotin; the rerzin. Ilng eL'f'MJ.LI, :7*279 acres Of said njack W sluall be usee� only for V"allts' 1jark1ng* access road$# 'service areas and b cautiglication; teat the CUY'Or Corpus Chrlst1j. Texas, shall have the right to enforce this restriction by in- , ctlon or other legal remedy. This the 21st day or PARKDALE PLAZA COMADY Attc.-tt�*.- D. Marks , (A) 13YI s Harr, weisrmli Ari 'N' nr s, acrd tiry tarry ' "� and, WIMMAS, acting by virtue Of the Autilority granted by ordinance Vo. 5-147 - of the C1tV Of Corpus Christi, the said City of Corpus Chrlstl, acting by and throu9j, Its City VoWero Herbert u. WhAtney, and the said Farkdale plaza Compangjpo theseeai'ter, an the day Or s 1959', sm,reed, in tMiting, that the above restrietion 91tould be a nG- ed so als that t..erearter the ame should read as followsx "Parltdale Pleea Company, a Texan corporation, acting by and through Barry �4919m an, its President* htrtbY cert3, its alai. it is• tine O=er of the lands embraced vilthin badarlesa of Slocic Mt Paarkdale $hOP IR renter ntn lusted In the City of Corpus Christi, Texas, that said ctr.,jTaany had said land surveyed and subdivided as shoim an the forvooin,) nap that all streets in said shopping center are dedicated to tht public use forever; hest this map o!° Blafik M Va&dale,$11opRW1, Center is de for the purposb or dedleatlon'anz deacrlt�tloa�, tatat the use of this land le'restricted so that not in excess of 200,€00 square fleet or band will be occupicd by building or buildings and all such Ibulldinos shall be located within the ?wilding lines as shown; that an additional a5.000 square feet nay be occupied by a miniature gulf course (inclining en otfice therefor coverinq 100 ®quara feet of land area in addition to tike 203,000- square•feet above referred to); the renalning acreage of said Block 'A$ shall be used only for W91116; parlsing, access rondo, sorvica areas and beautification; that the City of Corpus Cliri'sti, Texas, a?taal l have the r3q, ht to enforce this restriction by injunction sar other legal renedyo" e�a7, 9 _r:pEAs , tI -, City co=ed or vie City of corpus Christi, Texas, acting upon the aapplicaation of 't!�u amid 1Parftdale *P1aze Company for It so to do, slats heretofore determined tact it is In the public Interest that said restrictlonp as originally wrlttcn and as amended as above set f'ort'h, shall further be amend - ed as hore2natter act .fortht fKAf, TI-M- iEFORE, it1J W ALL VXN W THESE PRESEWS, tbftt it #s creed by cared Petween the City of corpus Christi, Nu'ucces County, Tcr =& acting by through Its "Id City ilzr:n3:r, - M- nccr°t W* 'Whitney, horeulto duly eLtlaor,lzed by Ordinance Fo. x=M g GLot the City of Corpus Christi, and the tall Park- .date Place Company, actIng herein by and through its officers �aareunto duty aui:;iorized, as follows+ 1. That tvaa restriction aapPlicable to Flock "A ", PaJrltdale 53a4ppjrL0 Ceaai.cr, sus it nnp,caa u up,;�ja the rapist of Blocit "A"R Park - dale Shopping Centers -1 :xoue rvscrred to anal morQ particularly rL- z. t. . 11 described, be and it is hereby amended eo as to hereafter react as follows: "Parkdale Plaza Company, a Texas corporation, acting by and through Harry Weisman, its President, hereby certi- r flies that it is the Owner of the lends embraced within boundaries of Block 'A' Parkdale Shoppius Center located is the City of Corpus Christi, Teases, that said company had said land surveyed and subdivided as shown on the fore- 901M map that an streets In said shopping center are ded- icated to the public use forever; that We map of Block 'A' Parkdale Shopping Center is made for the purpose of dedication and description, that the use of this land is restricted so that not in excess of 279,000 square feet of land will be occupied by building or buildings and all such bmUdings shall be located within the building lines as shown; that an additional 25,000 square feet mey be occupied by a miniature golf coarse UuOluding an office therefor " covering 100 square feet of laud arealin addition to the 275,E square feet above referred to,,; the remaining acre_ age of said Block 'A' shall be used -anly for walks, parking, access roads; service areas and beautification; that the City of Corpus Christi, Texas, ehe,Li have the right to en- force thin restriction by Wunction or other legal remedy." 2 That the City of Corpus Christi hereby waives, releases and for- ever relluqu shee unto the said Parkdale Plaza Company the right to enforce said restriction as the same is hereinabove first described and set forth, and as it presently appears on the lace of the may of replat Of Block "A ", Parkdale Shopping Center, of record in Volume 19 at page 49 of the Map Rec- ords of Ilueces County, Wexas, and as said restriction was amended by the au- thority of said Ordinance No. 5347, and by sold written agreement by and be- tween the City of Corpus Christi and Parkdale Plaza Company, of date 7th day of May, 1959, hereinabove referred to, but reserves unto itaelf all legal rights which it may have to enforce said restriction so amended in and by paragraph No. 1 above. EXECUTED in duplicwo originals on this bey of July, 1959, binding the Parties hereto, their successors and assigns. `TM,ST, cur of CORPUS CHRWTI City Secretary By Herbert W. Witney, City Manager. APPROVED AS TO LEGAL FRAM TEA DAY OF , 1959: Cl.tj Attorney -.3- � °,++ - - . : a:- ail, w " - ' - ' _ _ - -a, - 'G�' , • ATTE STS AEAYi M„ the derssdgngeted eaeitttsartty; an Chlo- day per -, Smelly, appeared ,IMMERT W. trdMMV, k"&% to_Mee ;tee be the gsgr#an �ahoesee a I8 sttbtartbed to the Fora otnd lttstrt4ent #a City lAMOr of thc+; City 4t' Corpus Cbrlat Texxo# a vu�lcl�l a ptrir .� tiOn, and ephWWle3dge3d to ne that' he ex9cutad the 04M for',the 'PUe`1�eee tnd, CoUsldareatton therein aspPresseed, In the eepeClty a stt�t@j and AS the'set and deed of aatd 1iumclpeel- Ooroeoj 'Ci *IV= ItRw Vii - WICE, ,thiil: 'the Ne+ttry BubXIc, in j id-fOr irpttece-s C tliltv T414* PO g fT -$AT9 Cr i LfiK'li M ._Fi+:br'e... •.WES:Y "_ 'J+ta; •=`K�� R ' - ., M� tha ,ebderslgned aUsthorlt bib this `w •Y:, ,; - -,y+t eenetty ti ed- lt.' WE$SVAVj U" to me to the person vho" •. 'ft me Is, arsarlbed- too the Voregbing Instrument as President or ' rG'kdaler Pleft Corr y, 'jS COrPftat Oa,- "d *Cla ttOWleadged tear' are tttst he a "utesd the mm fOr : ttee Pur"MM and consldoratlan the<"In "Ptloe e�, to the eawlty atf�tad, and its the-act and dtxd of ? ` t LV ld I tE�t`tfi�' tfA ! '. S dot OF OPPICE,'thltt the 0 July" 0591. 140tary Public In -sad for .11wevs County," Uxas• CORPUS CHRISTI TEXAS _2L7 DAY OF L& 1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT 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 CHRI I�TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOOW- 1•-NGG VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.