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HomeMy WebLinkAbout021588 ORD - 03/09/1993TEXAS: AN ORDINANCE AUTHORIZING AJOINT USE PARKING AGREEMENT FOR TWENTY YEARS, WITH FOUR TEN-YEAR OPTIONS TO RENEW, FOR A PUBLIC PARKING AREA IN LINDALE PARK LOCATED NEAR MCCLENDON AND SOUTH STAPLES STREET WITH ALL SAINTS' EPISCOPAL CHURCH; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a joint use parking agreement between the City and All Saints' Episcopal Church, for the public parking area in Lindale Park, located at the northern portion of public parking area abutting South Staples Street, adjacent to and south of the utility easement lying south of and adjacent to All Saints' Episcopal Church property located at the corner of McClendon and South Staples Street, for a term of twenty (20) years with four (4) ten-year options to renew subject to the request by All Saints' Episcopal Church, at least sixty (60) days prior to the end of the current term, to renew and City's approval, all renewals to be pursuant to the same terms and conditions as set out herein, in consideration of All Saints' Episcopal Church maintaining that portion of the parking area, as more fully set forth in the Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A." SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.250.ajr 021588 MICROLED JOINT USE PARKING AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the undersigned All Saints' Episcopal Church ("Grantee"), a non-profit, religious and educational institution situated in Corpus Christi, Nueces County, Texas is in need of off-site parking space to fulfill its parking requirements in accordance with the Corpus Christi Zoning Ordinances; and WHEREAS, it is the desire of The City of Corpus Christi ("Grantor") to make available to Grantee a portion of its parking facility for the joint use of Grantor and Grantee and it has been determined by the parties that such joint use will not create a conflict in the occupancy or use of the premises; and WHEREAS, pursuant to the requirements of Article 22-3, Joint Use and Off-site Facilities, of the Corpus Christi Zoning Ordinance, the parties hereto have agreed and provided for the joint use as a parking facility, a portion of the grounds of the Public parking area in Lindale Park abutting South Staples Street, adjacent to and South of the utility easement lying South of and adjacent to the All Saints' Episcopal Church property located at the corner of McClendon and South Staples Street, in the City of Corpus Christi, Nueces County, Texas. to serve the parking requirements of Grantee subject to the conditions and limitations described herein: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into by and between the City of Corpus Christi and All Saints's Episcopal Church for and in consideration of the sum of One Dollar ($1) in hand paid by Grantee herein, the receipt of which is hereby acknowledged, and the further consideration of the exchange of mutual covenants and conditions herein contained on the part of the City of Corpus Christi and All Saints' Episcopal Church to be kept and performed, the parties do hereby covenant and agree as follows: 1. The term of this Agreement is for twenty (20) years and may be renewed for four (4) consecutive ten (10) year options subject to the request by the Grantee and the approval of the Grantor pursuant to the terms of the existing contract. Grantee shall request renewal option at least 60 days prior to the end of the current term. 2. Subject to the term set out above for so long as All Saints' Episcopal Church is required by the terms of the Corpus Christi Zoning Ordinance to provide parking spaces in addition to the parking area provided on its premises, Grantor agree that said parking space shall be retained for such purpose, Grantee shall have the use of the parking space at the premises described herein, located at Lindale Park in the City of Corpus Christi; and, that said required parking spaces are located not more than three hundred feet (300') from the building served. This parking area is a public parking area at all times. -1- i 3. That all of the above conditions shall be binding upon the Grantor and Grantee, their heirs, successors, assigns and/or legal representatives and shall constitute a covenant running with the land and shall remain in force and effect for so long as premises of Grantee is subject to said parking requirements of the Zoning Ordinance of the City of Corpus Christi. 4. That Grantee shall be responsible for maintaining, repairing and keeping the parking area in good condition during the term of this Joint Use Parking Agreement. EXECUTED '1S DAY day of , 1992. GRANTOR: CITY OF CORPUS CHRISTI APPROVED: 5 Day of 3c h B_ .:..• • , 19j sst- By: Juan Garza Its City Manager ALL SAINTS' EPISCOPAL CHURCH ltsy: 444.51 (( Near 41 'S (%r4"11 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 by Juan Garza as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires THE STATE OF TEXAS § COUNTY OF NUECES § instrument was acknowledged before me on L 4 19'1 by is/211 (Ho/ tus as lin str4 man of all SaintsE iscopal Church. Name and Address of Grantor: City of Corpus Christi 1201 Leopard Street CorpusChristi, Texas 7840 1-2825 �b:.lkauucl Name and Address of Grantee: All Saints' Episcopal Church 3026 S. Staples Corpus Christi, Texas 78404 /)) SILVIA T El AVARRI - 2 �� STATE OF TEAS My Comm Fa Alt. 14. MOS 1 N N 1 C 910 F E 'O I R 2i. E?a 3 t r a C o _ g O G • 2 a 1 Bla O 9 Ip LI 5 C .o 5 j 2 3� 2 s'5 R 3.C p c v.' n5. g y 0 R Y • n 2 22 P 23 T2 a a2 ° ; g as 3 O' R 3. 2 or O .i sg O g 3 9 5I • r gR ij °a 393 �.e > " " 'a3] T " 3 a 8 • 3 O y° ag. • n r,3 a >g a o , 3 n 9 2 O ] • C n • w 3 2 1 o. 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O, M n O V + , • . p • • n n • p is 3 0.13.] ] I 0 T n N • N N ▪ N N ▪ • ,h IP IN IP R 1151 • T ,I"E 4.; S n .4n ; n E n R " 1 =1 n F ; Y s > • ] n ] 5. ] w .. : w w S • O • 3., 9 •] n w • � a . a n n 0. 0.:;'-n'v A ] n n n n r ' , ▪ > • 3 33 ] i " .. 3 "• > n n C • S .. ; > > ▪ • ; S • ` Y J - n O • et• a" n n F = . " S 2. 45 o. O • O • ] : 5 15 p ° n at " 0.3 s3 ▪ _ ; • • " • co • n O .o• n 9 • > n • O 0 n r n i r 4 n, �. > 'w E. 3 n w n n ] 3 'n 3 o n • • i ] w ^ ] ] A • P' i 3 v Y j s • > P r n S n n n 4 • 3 • ] 9 n • ] 3 g" Y n 3 2 9 ;. " T w " A , ▪ • ] F n ] • t O in ... or-. g o n 0- n ▪ • i 0. ] o . ▪ 3 5 i 4 0' 1 - ' >• ° 2. n 3 2 o n• > ; n Y " , • - wn 2 5 • wZ._ • • N N IN > " " n w 0 0 0 " Y n > S e ] • n S > ] A n n 3 s • 4 ] S 4n Y 1 N -& O_ E8>8 2„bZ 09.995 ■ That the foregoing ordinance was read for the first time and passed to its second reading the 2. • day of 1-€1.): , 19 G'[ the following vote: Mary Rhodes Cezar Galindo Isee-Ferrero— Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik his That the foregoing ordinance was read for the second time and passed to its third reading on this the i l day of V b%in,1, vi , 19 tJ , by the following vote: Mary Rhodes Cezar Galindo Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the third time and passed finally on this the day of �y`(1,;; , 19 C\2 , by the following vote: Mary Rhodes Cezar Galindo Leer Cacrrczu Betty Jean Longoria Edward A. Martin Joe McGemb— Dr. David McNichols Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the 01 day of A T: Ci ecretary kkiiveik ,1943 MA OR THE CITY OF CORPUS CHRISTI APPROVED: IP, DAY OF r\--))4.4 ll Lit( , 1992-: JAMES R. BRAY, JR., CITY ATTORNEY 1 � By A Laic, 0 Q k a ua„, Assistant City Attorney 044 021588 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 72543 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING A JOINT USE PARKING AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7th day of February, 1993. One Time(s) $ 58.00 J Business Office Administrative Assistant Subscribed and sworn to before me this 8th day of February, 1993. Notary Public! lueces County, Texas EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30-96 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING A JOINT USE PARIO, bG AQRtEMBST. NOT TO EXCEED SIXTY YEARS, FOR A PUBLIC PARKING AR- EA IN LINDALE PARK LOCATED AT THE CORNER OF McCLENDON AND SOUTH STAPLES STREET WITH ALL SAINTS' EPISCOPAL CHURCH; AND PROVIDING FOR PUBLICATION. THE TERM IS AS LONG AS ALL SAINTS' EPISCOPAL CHURCH IS REQUIRED TO 'PROVIDE PARKING SPACES IN ADDITION TO THE • PARKING AREA PROVIDED ON ITS PREMISES, BUT NOT EXCEEDING 130 YEARS FROM t DATE OF EXECUTION, WITH I' THE COST OF S1 TO THE CITY. THE PURPOSE OF THE r AGREEMENT IS TO PROVIDE ADDITIONAL PARKING! SPACES. A copy of the base is on l file in the City Secretary's office. ' The ordinance was passed end approved on frac reading by the City Council of the City of Corpus Christi, Texas on the 2nd day of February, 1993. /s/ Armando Chaps City Secretary City of Corpus Christi E F 1 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 47879 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021588 .AUTHORIZING .A JOINT USE PARKING AGREEMENT FOR TWENTY YEARS, WITH FOUR TEN-YEAR OPTIONS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day(s) of March, 1993 . One Time(s) $ 54.40 Business Office Administrative Assistant Subscribed and sworn to before me this 26th day of March, 1993. &LCA-it-C7Cg2a-) Notary Public,ounty, Texas EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30-96 Co C.41 NOTICE OF PAWLS I OF ORDINANCE NO. 011888 I AUTHORIZING A JOINT USE PARKING. AGREEMENT FOR TWENTY YEARS, WITH FOUR TEN -NEAR OPTIONS TO RENEW, FOR -A PUBLIC PARKING AREA IN LINDALE PARK LOCATED NEAR McCLENDON AND SOUTH STAPLES STREET WITH ALL 1 SAINTS' EPISCOPAL ' CHURCH; AND PROVIDING FOR PUBLICATION. THE TERM IS FOR TWENTY YEARS, WITH FOUR TEN- YEAR OPTIONS TO RENEW - WITH THE COST OF $1 TO THE CITY. THE PURPOSE 1 OF THE AGREEMENT IS TO PROVIDE ADDITIONAL PARKING SPACES.• A copy of the lease is on file in the City Secretary's office., 1 The ordinance was passed C and approved on tlead reading by tI* City Council of tl 8 the City of Corpus Christi, Texas on the 9th dry A of March, 19S3. /s/ A n % Cha s TI City of Corpus Christi