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HomeMy WebLinkAbout15784 ORD - 09/24/19800 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE OWNERS OF RAND MORGAN SUBDIVISION #1, IN ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDI- NANCE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING 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 owners of Rand Morgan Subdivision #1, for future park dedication out of a future unit in said Rand Morgan Subdivision #1, in accordance with the provisions of the Platting Ordinance, a substantial copy of which agreement 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 .24- day of September, J980. ATTEST: City Secretary APPROVED: 2 DAY OF SEPTEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit rney MAYOR Pro -Tem ,J 1 THE CITY OF CORPUS CHRISTI, TEXAS 1.5784 i�1C� EILiIED,. SEP Z7 1984 THE STATE OF TEXAS XI COUNTY OF NUECES X CONTRACT KNOW ALL MEN BY THESE PRESENTS: This agreement entered into on the date of its execution as set forth hereinbelow, by and between Annie Blake Morgan Head, Individually, and as Testamentary Trustee of the Randolph Blake Farenthold Trust and the Sue Cleveland Farenthold Trust under the will of Randolph Farenthold, and Trustee of the Morgan -Randolph Blake Farenthold Trust and the Morgan -Sue Cleveland Farenthold Trust, hereinafter called "Landowner", and the City of Corpus Christi, Texas, acting herein and through its duly authorized City Manager, hereinafter called "City"; W ITNESSET H: WHEREAS, Landowner is the owner of a subdivision in the City of Corpus Christi, Nueces County, Texas, known as Rand Morgan Subdivision No. 1 (62.341 acres) and; WHEREAS, Landowner desires to secure. approval of a map of a unit or section of its subdivision out of the foregoing de- scribed property, said section or unit to be known as Rand Morgan Subdivision No. 1, Lots 1 and 2 (21.507 acres) of said subdivision; 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 Landowner to fulfill the park dedication requirements of the City Platting Ordinance with regard to the foregoing subdivision until such re- quirements are more fully determined and appropriate, and it is the purpose of this agreement to postpone the park dedication for the map of the unit for which Landowner 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 the above described subdivision in the exercise of the /=Xt,' •A C City's platting and subdivision control responsibility, the parties agree as follows: (1) That the Landowner will comply with the platting ordinance of the City of Corpus Christi regarding public park dedi- cation by dedicating out of a future section or unit of the over-all subdivision described above five per cent (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 thisy /�- day of September, 1980. ATTEST: APPROVED: City Secretary J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NUECES X CITY OF CORPUS CHRISTI k. Marvin Townsend, City Manager 'I a Annie Blake Morga! Head, Indivi- dually and as Testamentary Trustee of the Randolph Blake Farenthold Trust and the Sue Cleveland Farenthold Trust under the will of Randolph Farenthold, and Trustee of the Morgan - Randolph Blake Farenthold Trust and the Morgan -Sue Cleveland Farenthold Trust 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 said City and that he executed the same as the act of such City for the purposes and consideration therein 2 NN I'll' III 1111 I 1 expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of September, 1980. THE STATE OF TEXAS X COUNTY OF NUECES X YY YGI,u. 0 Notary Public in and for NUECES County, Texas. BEFORE ME, the undersigned authority, on this day personally appeared ANNIE BLAKE MORGAN HEAD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. Given under my hand and seal of office, this the /� day of September, 1980. 3 Notary Pub lc in and for_NUECES County, Texas. 0 Corpus Christi, exas pp .1 i) ofydi 1901% 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 its is introduced, or at the present meeting of the City Council. Respectfully, YAY�s . 71\w,� MAYOR Pro -Tem "/ THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspendAdv by the following vote: Luther Jones Edward L. Sample je Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sampler Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 15784