The URL can be used to link to this page

Home My WebLink About15767 ORD - 09/17/1980• vp:9/3/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS FOR FUTURE PARK DEDICATION OUT OF A FUTURE UNIT IN COUNTRY ESTATES, WEST, IN ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE, A SUB- STANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to enter into an agreement with the developers of Country Estates, West, for future park dedi- cation out of a future unit in said Country Estates, West, in accordance with the provisions of the Platting Ordinance, a substantial copy of which agree- ment is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. The necessity to authorize execution of the aforesaid agreement 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 intro- duction 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 introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /1 day of September, 1980. ATTEST: y Secretary APPROVED: 3 DAY OF SEPTEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By A ant City Attor en y 1_57'7-77 THE ITY OF CORPUS CHRISTI, TEXAS SEP 2 71984 THE STATE OF TEXAS 1 COUNTY OF NUECES § CONTRACT KNOW ALL MEN BY THESE PRESENTS This Agreement entered into on the date of its execution as set forth hereinbelow, by and between Nueces Development Company acting herein by and through its duly authorized officer, hereinafter called, "Developer", and the City of Corpus Christi, Texas acting herein and through its duly authorized City Manager, hereinafter called "City": WITNESSETH: WHEREAS, Developer is the owner or option holder and developer of a subdivision in the City of Corpus Christi, Nueces!County. Texas, known as Country Estates, West (41.310 Ac); and WHEREAS, Country Estates West, a Texas general partnership is record title holder to 30.06 acres of the subdivision, and has given Developer an option to purchase said property, and has further agreed to the park dedication provided herein at the request of Developer;'and WHEREAS, Developer desires to secure approval of a map of a unit or section of its subdivision out of the foregoing described property, said section or unit to be known as Country Estates Unit 9 (11.250 Ac); and WHEREAS. the City of Corpus Christi has the requirement that certain land be dedicated for, park purposes in connection with the subdivision of lands. such requirement being authorized by the City Platting Ordinance; and WHEREAS. it is impractical at this time for the Developer to fulfill the park dedication requirements of the City Platting Ordinance with regard to the foregoing subdivision until such requirements are more fully determined and appropriate, and it is the purpose of this agreement to postpone the park dedica— tion for the map of the unit for which Developer seeks approval at this time. NOW. THEREFORE, be it mutually agreed that for and in consideration of the approval by the City Planning Commission of the plat of Country Estates. Unit 9 in the exercise of the City's platting and subdivision control responsibility, the parties hereto agree as follows: 1. That the Developer will comply with the Platting Ordinance of the City of Corpus Christi regarding public park dedication by dedicating out of a future section or unit of his over-all subdivision five percent (5%) of the gross acreage of the land embraced in the preliminary plat on file in the office of the Planning Department of the City of Corpus Christi. 2. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall constitute a covenant running with the land. EXECUTED this day of , 1980. CITY OF CORPUS CHRISTI ATTEST: City Secretary B. Marvin Townsend, City Manager NUECES D ELOPMENT iOMPANY COUNTRY ESTATES WEST, ' TEXAS GENERA RSHIP I1, /L e• etary is ..rA7, Gen:• a THE STATE OF TEXAS I COUNTY OF NUECES I Ro er BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known to me to be the person and official whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City and that he executed the same as the act of such City 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 1980. 2 tner Notary Public in and for Nueces County, Texas THE STATE OF TEXAS G COUNTY OF NUECES f BEFORE ME, the undersigned authority, on this day personally appeared Robert D. Thorpe, a general partner of Country Estates West, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of Country Estates West, a partnership, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this q day of THE STATE OF TEXAS 4 COUNTY OF NUECES 0 BEFORE ME, the undersigned authority, on this day personally appeared Robert D. Thorpe, 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 Nueces Development Company, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capa- city therein stated. GIVEN under my hand and seal of office this thel " day of l=' otary •ublic in and fotY Nueces County, Texas •RHONDA C. LYNCH Notary Public, Nueces County, Texas MY Commission Expires 1980. Notary Public in and fof/ Nueces County, Texas 3 RHONDA C. LYNCH Notary Public, Nueces County, Texas lay Commission Expires Corpus Christi, xas /7 day o , 19 2' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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. Respectfully, MAY HE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspend by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 'J_ `712;7