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Home My WebLink About16922 ORD - 03/03/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A ,PARK DEFERMENT CONTRACT FOR COLES INDUSTRIAL ACRES, WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "I-2" OR "I-3" 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 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 execute an agreement for Coles Industrial Acres, whereby the requirement that certain land be dedicated for park purposes is waived so long as each lot in the subdivision is utilized for purposes requiring an "I-2" or "I-3" 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 agreement 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 for efficient administration of City affairs by executing an industrial subdivision park deferment contract for Coles Industrial Acres, such finding of an emergency is made and declared requiring suspension of the Charter rule. as to consideration and voting upon ordinances or resolutions at three reglar meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the JA(/ day of March, 1982. ATTEST: 4 11":61/ Ci Secretary7 AgCV/ED: DAY OF MARCH, 1982 ruce Aycock, ¶ity ttorney MAYO 16922 THE CI OF CORPUS CHRISTI, TEXAS 00'4\9 THE STAIE OF TLXAS COUNTY OF NUECES INDUSTRIAL SUBDIVISION PARK DEFERMENT CONTRACT For the purpose of compliance with the provisions of the Plattjng Ordinance of the City of Corous Christi, ..I..EF ROY CDiF developer of a subdivision within the jurisdiction of the City of Corpus Christi, known as COLE'S INDUSTRIAL ACRES 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 covenant 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 "1-2", light industrial, or "1-3", heavy industrial, zoning district designation., The Developer agrees that should any lot or portion of a lot within the above described subdivision ever be used or developed for uses other than those 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 loter lots so used or developed, .y paying a sum of moray equivalent to the raw land.value of 5% of the.area of such let 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 this contract it is hereby agreed that the per acre value of the land described herein is $7.500.0Q 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 constitute a covenant running with the land. The effective date hereof shall be day of 198 . ATTEST: Secretary ATTEST: City Secretary APPROVED: day of , 198 J. BRUCE AYCOCK, CITY ATTORNEY By Assist6nt City Attorney DEVELOPER LEE ROY COLE By CITY OF CORPUS CHRISTI By City Manager THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared , City Manager of the City of Corpus Christi, Texas, a municipal 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 the City of Corpus Christi for -the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of 198. Notary Public in and for Nueces County, Texas. Page Two of Three Pages (Park Deferment Contract) THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared LEE ROY COLE , known to me to be the person whose name is subscribed to the foregoing instrument and 'acknowledged to me that he executed the same for the purposes and consideration therein expressed. 198). .1... -,,,) , ' GIVEN under my hand and seal of office this (> f day of_ i ,.: . . ... / • r , ' i ,/ 1 t/0;,', ','./ ---..--,./ - Notary Public in and for Nueces County, Texas m CONNIEJ.WPST ,votarypub,: c. orate of Texas MY Com Mission Expires 10-9.84. THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared of , a 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 for the purposes and consideration therein expressed and in the capacity therein stated. 198. GIVEN under my hand and seal of office this day of Notary Public in and for Nueces County, Texas Page Three of Three Pages (Park Deferment Contract) Corpus Christi, Texas ,.....3t01 day of , 1982 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, Respectfully, Council Members MAYO "NW I THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky .16922