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Home My WebLink About18419 ORD - 08/21/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF A RELEASE DOCUMENT FOR THE PURPOSE OF VOIDING THE PARK DEFERMENT CONTRACT FOR THE TOGAVILLE ACRES SUBDIVISION WHICH IS BEING CHANGED FROM A MOBILE HOME SUBDIVISION TO A MOBILE HOME PARK; 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 a release document for the purpose of voiding the park deferment contract for the Togaville Acres Subdivision which is being changed from a Mobile Home Subdivision to a Mobile Home Park, a substantial copy of which release document 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 to take immediate action to execute the abovementioned agreement at the earliest practicable date, 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 regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of August, 1984. ATTEST: (aArce C ecretary" APPROVED:i'ir, -DAY OF AUGUST, 1984 J. BRUCEK, CITY ATTORNEY By J/ AssistantCit r rorney MAYOR THE CITY 0'- CORPUS CHRISTI, TEXAS 18419 'SEP 2 81984 MICMLMED I 4 THE STATE OF TEXAS ) COUNTY OF NUECES ) This Agreement entered into on the date of its execution as set forth hereinbelow, by and between Togaville Acres, Inc., acting herein by and through its duly authorized officer, herein- after called, "Developer", and the City of Corpus Christi, Texas, acting herein and through its duly authorized City Manager, herein- after called "City"; KNOW ALL MEN BY THESE PRESENTS: W I T N E S SET H: WHEREAS, Developer is the owner of the following described property which such Developer proposed to develop as a mobile home subdivision in the City of Corpus Christi, Nueces County, Texas, known as Togaville Acres; being further described as 53.37 Acres, more or less, out of Lot 1, Womack Farm Lots (Volume A, Page 50) and Tract 7, Robertson Farm Tracts (Volume 3, Page 40), Nueces County; and WHEREAS, Developer no longer desires to secure the approval of a map or a unit or section of Togaville Acres subdivision out of the foregoing described property because Developer has dropped its plans to develop such land and desires to sell it as raw acreage; and WHEREAS, the City and Developer entered into a Park Deferment Contract under date of October 18, 1983, which is recorded in Volume 1892, Page 849, of the Deed Records of Nueces County, Texas; and WHEREAS, the Developer wishes to obtain a cancellation and recision of such Park Deferment Contract; and WHWEREAS, no subdivision of said land has been approved and none is now applied for: NOW, THEREFORE, be it mutually agreed that for and in consideration of Ten and No/100 ($10.00) Dollars and other good and sufficient consideration in hand paid to City by Developer, and the cancellation of the application for such subdivision WADE & CROMWELL 4 Arro a EYs 3150 S. ALAMEDA CORPUS CHRISTI, TEXAS 78104 ii - development, the parties heret That the Developer h such development and for the a agrees that such Park Defermen cancelled and hereafter will b ment between the parties there EXECUTED this ATTEST: By City Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE IIE, the unders ally appeared EDWARD MARTIN, C• Christi, Texas, known to me to name is subscribed to the fore me that the same was the act o the same as the act of such Ci therein expressed, and in the c GIVEN UNDER MY HAND day of June, 1984. WADE & CROMWELL ATTORNEYS 3150 S. ALAMEDA CORPUS CfIRISTI, TEXAS 70404 ) agree as follows; areby cancels its application for )proval thereof by City and the City = Contract is hereby rescinded and a of no further effect as an agree - :o. lay of June, 1984. CITY OF CORPUS CHRISTI going f ty EDWARD MARTIN, City Manager TOGAVILLE ACRES, INC. -"AIRES P.•WADE, Presiden igned authority, on this day person- ty Manger of the City of Corpus be the person and official whose instrument and acknowledged to the said City and that he executed for the purposes and consideration apacity therein stated. ND SEAL OF OFFICE, this the NOTARY PUBLIC, STATE OF TEXAS Notary's Printed Name: My commission expires: -2- THE STATE OF TEXAS ) COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day person- ally appeared FAIRES P. WADE, President of Togaville Acres, Inc., a corporation, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of siad corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the 22th day of June, 1984. I I\ WADE & CROMWELL ATTORNEYS 3150 5. ALAMEDA CORPUS CHRISTI, TEXAS 713104 Notary's Printed Name: Unita J. Whitley My commission expires: October 12, 1985 -3- Corpus Christi, Texa co ,e day of , 198ij 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 Respectfully, MAYOR THE C ` OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. 40/!: Welder Brown 1 Leo Guerrero /�_ Dr. Charles W. Kennedy Joe McComb 1 Frank Mendez Mary Pat Slavik / .- 18419 _ 18419