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HomeMy WebLinkAbout16597 ORD - 10/14/1981sp;10/13/81;lst , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFER- MENT CONTRACT WITH THE DEVELOPERS OF MEANEY INDUSTRIAL TRACT, LOT 1, BLOCK 1, WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT OR PORTION OF A LOT IN THE SUB- DIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "I-2", LIGHT INDUSTRIAL, OR "I-3" HEAVY INDUSTRIAL, ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF ANY LOT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2" OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDI- CATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCU- PANCY PERMIT FOR THE LOT, 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 and he is hereby authorized to execute a park deferment contract with the developers of Meaney Industrial Tract, Lot 1, Block 1, whereby the requirement that certain land be dedicated for park purposes is waived so long as each lot or portion of a lot in the subdivision is utilized for purposes requiring and "I-2", Light Industrial, or "I-3" Heavy Industrial, zoning district designation with the stipulation that if any lot in the future is utilized for other than "I-2" or "I-3" uses, the owner pay money in lieu of land dedication prior to the issuance of a building or occupancy permit for the lot, a substantial copy of which agree- ment is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the aforesaid contract so that the owners can proceed with the development of the land in a timely manner, such finding of an emergency is made and declared requiring suspension of the Charter rule as to considera- tion and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this /it day of October, 1981. ATTEST: APPROVED: DAY OF OCTOBER, 1981 J. Bruce ity Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS SEP 2 7 19Rd MICROFILMED 16 597 eco 27 mo4 .( CNE STATE OF TEXAS COUNTY OF 1 UECES INDUSTRIAL SUBDIVISION PARK DEFERMENT CONTRACT For the purpose of compliance with the provisions of the Platting Ordinance of the City of Corpus Christi, Champlin Petroleum Company, developer of a subdivision within the jurisdiction of the City of Corpus Christi, known as Meaney Industrial Tract, Lot 1, Block 1 and the City of Corpus Christi, acting by and through the authority of the City Council, and in consideration of the following mutual promises, do hereby agree and convenant as follows: The City shall, upon the Developer's compliance with all relevant ordinance requirements not herein specifically excluded or waived, approve the map or plat of the unit or section of said Developer's subdivision out of the foregoing described property and the requirement that certain land be dedicated for park purposes shall be waived so long as each lot or portion of a lot in the subdivision is utilized for purposes requiring an "I-2", light industrial, or "I-3", heavy industrial, zoning district designation, then the ordinance requirement that certain land be dedicated for park purposes shall be satisfied by the owner of such lot or lots so used or developed, by paying a sum of money equivalent to the raw land value of 5% of the area of such lot or lots within the non -industrial development plus six percent per annum interest on such sum calculated from the date of this agreement. For purposes of th4s contract it is hereby agread that the ps" e ' e value of the land descr'zed herein is $12.000.00 dollars. The total sum shall be paid to the Park Development Fund at or before the time that building and/or occupancy permit fees for such lot or lots are paid. No building or occupancy permit shall be issued without payment of the above stated sum in Compliance with this agreement. Developer further agrees and covenants that the restrictions and covenants expressed herein shall be included in any deed conveying any of the property within the above described subdivision and shall be made a covenant running with the land. Page One of Three Pages (Park Deferment Contract) This agreement shall be binding upon the parties hereto, their successors and assigns and shall 1981 ATTEST: Secretary ATTEST: constitute a covenant running with the land. The effective date hereof shall be City Secretary APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES f BEFORE ME, the R. Marvin Townsend, City corporation, known to me the foregoing instrument act and deed of the City therein expressed and in GIVEN under my 19 17th day of July CH By LIN PE 'OLEUM CO1PANY Vi e Presid CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager undersigned authority on this day personally appeared Manager of the City of Corpus Christi, Texas, a municipal to be the person and officer whose name is subscribed to and acknowledged to me that he executed the same as the of Corpus Christi for the purposes and consideration the capacity therein stated. hand and seal of office this _____day of Page Two of Three Pages (Park Deferment Contract) Notary Public in and for Nueces County, Texas THE MTE.OF TEXAS f COUNTY OF HARRIS d BEFORE ME, the undersigned authority on this day personally appeared Wozr .f' —S'rArFeme) , Vice President of Champlin Petroleum Company, a Delaware corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said corporation for the purposes and considera- tion therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this 7 day of 19. Notary Public in and (r Harris County, Texas ALINE HOPKINS Notary Public, Harris Coun9/, a My Commission expires.,/e AJr Page Three of Three Pages (Park Deferment Contract ) Corpus Christi, Texas 4/ day of Arttial/ , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced; or at the present meeting of the City Council. Respectfully, Council Members Respectful ly, MAYO THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1G59