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HomeMy WebLinkAboutOrdinance No. 97-16 ORDINANCE NO. 9 7-16 AN ORDINANCE DECLARING AND DEDICATING THE PROPERTY KNOWN AS "RECREATION RESERVE A", AS SHOWN ON THE REPLAT OF A PORTION OF REGENCY ESTATES SUBDIVISION, IN THE SARAH MC KISSICK LEAGUE A-151, CITY OF FRIENDSWOOD, COUNTY OF GALVESTON, STATE OF TEXAS, FILED WITH THE COUNTY ON APRIL 13, 1984, AS A PUBLIC PARK; NAMING SUCH PARK AS "LEAVESLEY PARK"; FORMALLY ACCEPTING THE DEDICATION OF SUCH RECREATION RESERVE "A" AS A CITY PARK IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; PROVIDING FOR THE IMPOSITION OF DEED RESTRICTIONS ON THE PROPERTY IF IT SHOULD BE CONVEYED; APPROVING THE FILING OF RELATED DOCUMENTS TO EFFECTUATE SUCH DEDICATION; AND PROVIDING FOR SEVERABILITY. * * * * WHEREAS, the subdivision known as Regency Estates, in the City of Friendswood, County of Galveston, Texas, was filed of record on December 8, 1978, and replatted in part, which replat was filed of record on April 13, 1984, by the record owner of such property, the City of Friendswood; and WHEREAS, the original plat and the replat both reserved to the City for future use an area known as"Recreation Reserve A"; and WHEREAS, "Recreation Reserve A" was never formally dedicated as a public park; and WHEREAS, Recreation Reserve A has been determined to be of a beneficial size and location to be used by the public for their recreational needs; and WHEREAS, the City of Friendswood, as record owner of Recreation Reserve A, desires to dedicate such Reserve, and does hereby dedicate and accept the dedication of FWD/LEAVESLEY PARK.ORD/09/15/97 Recreation Reserve A to be used for the public purpose of park and recreation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the area designated as "Recreation Reserve A" as shown on the replat of a portion of Regency Estates, which replat was filed of record on April 13, 1984, and which is also known by its street address of 901 Buckingham Drive, in the City of Friendswood, Texas, is hereby dedicated for use as a public park under the laws of the State of Texas. Section 2. That the dedication of the area designated as "Recreation Reserve A" as shown on the replat of a portion of Regency Estates, which replat was filed of record on April 13, 1984, and which is also known by its street address of 901 Buckingham Drive, in the City of Friendswood, Texas, is hereby accepted by the City Council of the City of Friendswood, Texas, for public use and maintenance. Section 3. That the area designated as "Recreation Reserve A" as shown on the replat of a portion of Regency Estates, which replat was filed of record on April 13, 1984, and which is also known by its street address of 901 Buckingham Drive, in the City of Friendswood, Texas, is hereby named"Leavesley Park." Section 4. In the event the City determines that Leavesley Park is no longer needed or used , as a city park, and the City proposes to transfer the property or an interest therein, in addition to the procedures required by the City Charter, Texas Local Government Code Chapter 253, or any successor statute thereto, the City Council FWD/LEAVESLEY PARK.ORD/09/15/97 2 restricts any future use of such property to single-family residential use, and the deed restrictions contained in the Amendment to Declaration of Covenants, Conditions, and Restrictions for Regency Estates, a Subdivision in Galveston County, Texas, as presently recorded under file number 8637632 in the Real Property Records of Galveston County, Texas, and any amendments thereto, which may be in effect as of the date of the transfer, will be placed on the property. Section 5. Staff is hereby instructed to undertake all necessary procedures to effect this change, including filing this ordinance in the deed records, and processing any replat or statement of dedicatory language which may be required to effectuate this action, and which shall also be filed of record. Section 6. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 22nd day of september , 1997. PASSED, APPROVED, AND ADOTED on second and final reading this 6th day of October , 1997. FWD/LEAVESLEY PARK.ORD/09/15/97 3 _ � Harold L. Whitaker Mayor ATTEST: , f Cpr�lo Deloris McKenzie, C City Secretary FWD/LEAVESLEY PARK.ORD/09/15/97 4