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Jan. 22, 1988
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4/29/88 MUDLOT OBSERVATIONS
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Five new Arizona Ash trees have been planted on the southern edge
of the parking lot. They appear to meet the spacing requirement
(18' o.c.) but are wel-l below the size limit as stated in letter
to Skipper dated 1/22/88. T.heletter also requi led trees to be
planted alla;long the perimeter of the developed lot. This has
not been done on the southern edge. Also, there are gaps in the
existing row of trees where new 1 1/2" trees MUS be inserted.
'i-~lCITYOFCOLLEGE S ATION
\S Pl...... . . .PLANNlNG DIVISION
.. · . ... Post Office Box 9960 1101 T e asA venue
College Station, Texas 77842~ 960
(409)764-3570
MEMORANDUM
Date
August 2, 1988
To:
Marianne.....Bariks, Assistant City Attorney
Kim Johnson, Planning Assistant ~~,
Landscape Shortcomings At SkiPpeL\drri 's "Mudlot"
From:
HE:
I made an inspection of the Mudlot on Friday, uly 29. As I had
indicatedtoyoue~rlier, Mr. Harris has failed to complete the
tree .plantings.asrequired by the Project Hevie Committee. The
specifi~ plantings whiehmust be installed are:
23 ..eanopytrees(11/2"calip.er minimum) be installed
18'on--centeralongtheChurchStreetfrontagefrom the existing
treegr'oup.ingnear theemergencyaccessdri veeastward to the
Skag gsp rope rt y line . The 5 1"ashtre esplan e d in A p r i 1 are
substandard and .must.. be. removed.
eCClIlopytrees(1 1/2"oal.iper minimum)m stbe inserted
along the Nagl.e str'eet f'ronta.ge where treesha e died and not
been replaced.
Mr. Harris ...has. .beennotif ied of these de f io ie neie s . ... i nwri t i ng and
verballysi..ne<elast>fall. Hisrenewa Iforvar i a nc esw ill be
coming upa.gain in 2-3 months. I bel ivethat, i sa t ti tud e (1 a 0 k
ofattentie>n)t.;owardsf'ulf illingthie See Ia nei sc.a pe .req u ir e me nts
shouldbebroughttotbeattent.io.noftheZ.B. .a.ndlor .P&Z. I
alsofeelthatwEfsboulclfile complaintsinMu ieipal Cour't if
these item~:s a're -ri.o,t oompletedwithin 15-30 days .
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Skipper Harris
P.O. Box 9023
College Station, Tx. 71840
Mareh 11,1988
Dear Mr. H_arris,
The
(Table A)
(Table A)
setback (Table A)
the
"-
Chair signature __~
ZBAapplication for
variance to islands
parking lot
n
parking
y, December 18,
t of property
n, . nor a
application
rs wi-thin 200
and.they number
$ 1 O~ 00' p 1 u s
al. 'you owe
City of College St tion
POST OFFICE BOX 9960 1101 TEX S AVENUE
COLLEGE STATION, TEXAS 778 0-0960
Sept'ember 10, 1987
MEMORANDUM
TO:
Skipper Harris, P. O. Box 9023, College Station
FROM:
5.26 acres
most
(87-417)
2. Continue the landacaping theme around the erimeters as each
phase is developed. Landscaping must be regularly maintained
and replaced when necessary.
3. The 6 foot solid screen fence must be continued as phases 3
and 4 are developed. Fence should also be mai: tained to be in
good condition by the applicant.
*Any changes to an approved site plan. must be leared through the
Planning Division.
PARKI~.. AGREEMENI'
This is an Agreement pertaining to a project, ich shall be re-
ferred to as "Parking Lot plan -'ilie Ramparts", which hall be located
at Church and Nagle Streets and which consists of a proximately 6 · 23
acres of privately owned land, more or less (hereinafter referred to
as "PARKING LOT")..
This Agreement is by and between the City of llege station, a
TexaSMunicipaleorporation (hereinafter referred. t 'as the . If CITY If )
and Boyett Investments, Limited, a Texas Limited Par nership(herein-
aft~.referred teas "INVESTMENTS"'),. acting by and hrough its duly
authorized General Partners, GEORGE H. BOYEl'T, A. P .BOYEl'T ,JR., and
w. C.....BOYEl'T.
WHEREAS, in the Northgatearea of the City 0 CollegeStation
there exists a serious lack. of adequate parking for motorvenicles.
This lack of.. adequate . parking repeatedly results · n non-canpliance
with CITY codes, ordinances and the laws of the Stat of Tex~s Which
is caused by persons parking motor vehicles in the rthgate area on
public . rights-of-way, rest:dctedparking areas, n parking areas,
dr i Ve!Nays and. on private property ; and
WHEREAS, such violations of CITY codes and odinances and the
laws of the State of Texas present considerablesaf ty and economic
problems for. the . CITY and the citizens residing within the CITYjand
WHEREAS,. it is. necessary for the ..CITY to prote and..preserve the
safety, health, peace, order, trade and corrroerceand rosperity of the
public; and
WHEREAS, in, on and about Church and NagleStree s, at the propos-
ed location described in the attached Exhibit "AI' ,a proximately 200
cars a day are parked on the private property own d by INVES'lMENTSj
and
WHEREAS, the parties agree that the circumst nces have caused
violation of the codes and ordinances of the CITY and resulted in vio-
lationofthelawsofthe State of Texas with res tto the private
property .of INVES'I.MENTS; ..and
WHEREAS, I NVES 'lMENTS has long-tenn plans for uch private prop-
ertythat do not include developnentasaparkinglot
WHEREAS,INVES'lMENTS has satisf.iedallrequi ements to ensure
that. such property is and remains the private proper Y of INVESTMENTS
and has not granted, licensed or pennitited, either licitly or impli-
ci tly , . any rights to any person or the public with r spect to. the use
of all or any portion of suchprivat.epropertyex pt in the written
lease agreement hereinafter describediand
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WHEREAS, INVESTMENTS has demanded that the private ownership and
rights of INVESr.JMENrSwithrespect to such private poperty be preserv-
ed; and
WHEREAS ,the CITYhasconcludedthatexclusio of motor vehicles
fron such private property will resultina greate health ,safety,
and welfare problem in that persons will be for ed to park motor
vehicles ..in other Nc>rthgateareas; and
WHEREAS, INVESTMENTS, without granting, licening,pennitting or
waiving any rights INVESTMENI'Shasormayhavewith .espectto ..INVEST-
MENTSownership, . use and enjoyment ofINVESTMENS private property
except asdescr ibed in the lease agreernent by and be ween INVESTMENTS
and SKIPPER HARRIS or such other private written contract to which
INVES'IMENTSmaybe a party wishestoenterthisagr t.
NOW, THEREFORE, premises considered, and for utual satisfactory
consideration received by each of .. the parties hereto , the parties
agree that temporary measures willmutually benef t the CITY and IN-
VES'IMENTS. The. parties hereby . agree as follCMs:
1. The CITY will issue a Temporary Certi icate of Occupancy
upon thecanpletionofa gravel parking lot on the tact described in
theattachedExhibitnA" incompliance with the pan approved by the
,project Review Cannittee and the Planning and Zoning Carmission.
2.. This permit shall be\Talidfor a peri of one year fran
the date of the issuance of the Temporary Certificat of Occupancy.
3 . Upon the expiration of one year fr m the date of the
issuance of the Temporary Certif icate ofOccupancy,fisAgreement may
be renewed 'for an additional year upon the applica ion for reissuance
of the Temporary Certificate of.Occupancy.
4. In order to secure a second Tempor ryCertificate of
OCcupancy, all landscaping will have to be added incompliance with
the approved . plan.
5. If landscaping is not installed aso
the second year, no permit shall be issued.
It is understood that any failure to meet th aboveobligations
terminates . this ... Agreanentand revokestheconditiona: occupancy cert i-
ficate i.ssued here.vith. Insuchevent,useandoccu cy of this park-
ing lotandjor buildings located thereon as a parkin. lot shall there-
after be unlawful and inviolationofCITYordinan
1. Violationsma.ybecharged for each day of any such viola-
tion.
2. Thepartiesheretoagreeuponpresentaion of the affida-
vitof the City Manager to a District Court of Brazos County , that if
anyone oftheabbveprovisionshas not been ca:np ied with, the CITY
may enjoin the use of the property as a parking lot.
3. GEORGEBOYETI',A.P. BOYErI',JR., and .C. BOYErI' repre-
sent that they are authorize(i to execute this Agreent on behalf of
the undersigned business entity which is. the sole owner of the prop-
erty,and that they are the only general partners of INVES'IMENl'S.
This Agreement shall be binding on the CITY and INVESTMENTS,
their .respect~veagents, successors ,and assigns. attached copy of
the project ReviewCommi tteeReport and the Plannngand zoning Can-
mission minutes are attached and incorporated herein for all purposes ·
SKIPPER HARRIS, by execution hereof, and as the lessee of the
property described herein from INVESTMENTSpursu nt to as written
Lease Agreement, hereby evidences his agreement for himself, his
heirs, successors, and assigns, to be bound by the rovisions hereof
and assume the obligations hereunder and the. Lease Agreement referred
to herein.
By:
DATED this
6th
day of
November
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DEVELOPMENT AGREEMENT
This is an Agreernentpertaining to a proj ct (hereinafter
referred to as "PARKING LOT II ), which site plan is titled "Parking
Lot Plan - The Rampartsll,whichis located
Nagle
Streets in College Station, Brazos County, Tex s, which consists
of approximately 6.23 acres of privately owned land, more or
less, and is more fully described in the attac ed Exhibit nAil,
and which Parking Lot is commonly referred to s the "Mud Lot".
I.
This Agreement is by and between the City of College Sta..;..
r
tion, a.Texas Municip~lCorporation.(hereinaft r referred to as
"CITY"), Boyett Investments, Limited, a Texas limited Partnership
(hereinafter refe,rred to as II INVESTMENTS ") ,ac ing by and through
its duly authorized General Partners, GEORGE H. BOYETT, GLADYS
BOURGEO,IS, and. W. C. BOYETT, and Skipper Harris (hereinafter re-
ferredto asuHARRISII).
WHEREAS, in the Northgate area of the Cit of College Sta-
tion there exists a serious lack of adequate parking for motor
vehicles. This lack of adequate parking repeatedly results in
noncompliance with CITY codes, ordinances and the laws of the
Stateo.f Texas which is caused by persons parking motor vehicles
in the Nqrthgate area on public rights-of-way, restricted parking
,areas, no parkingareas/' driveways and on private property;
WHEREAS, >such violations of CITY codes and ordinances and
the laws of the State of Texas present consider ble safety and
economic problems for the CITY and the citizens residing within
the CITY;
WHEREAS, it is necessary for the CITY to
otectand pre-
d commerce, and
serve the safety, health, peace, order, trade
prosperity of the public;
WHEREAS, in, on, and about Church and Nagl Streets, at the
proposed.location described in the attached Exh.bit IIAlli approxi-
mately 200 cars a day are parked on the private property owned by
INVESTMENTS and leased by' HARRIS;
WHEREAS, .the parties recognize that the ci cumstances have
caused violations of the codes and ordinances 0 the CITY and
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have resulted in violations of the laws of the St'ate of Texas
with respect to the private property of INVEST ENTS and now
leased by HARRIS;
WHEREAS, INVESTMENTS has satisfied all requirements to en-
sure that such property is and remains the pri ate property of
INVESTMENTS and has not granted, licensed, or,ermitted, either
explicitly or implicitly, any rights to anype son or the public
with respect .to the use of all or any portion of such private
property except in the written lease agreement with HARRIS which
is hereinafter described;
WHEREAS, INVESTMENTS has long-term plans for such private
property that do not include development as a arking lot;
WHEREAS, INVESTMENTS has .demanded that the private ownership
and rights of INVESTMENTS with respect to such private property
be preserved;
WHEREAS, the CITY has concluded that exclusion of motor
vehicles from such private property will result in a greater
health, safety" and welfare problem in that persons will be
forced to park motor vehicles in other Northgateareas;
WHEREAS, INVESTMENTS, without granting, Ii ensing, permit-
tin.g or waiving any rights INVESTMENTS has or may have with re-
spect to INVESTMENTS' ownership, use and enjoym nt of INVEST-
MENTS' private property except as described' in he lease agree-
ment by and between INVESTMENTS and SKIPPER IS or such other
private written contract to which INVESTMENTS y be a party
wishes to enter into this agreement; and
WHEREAS, the CITY has previously approved n agreement and
feels that continuation of this temporary use w be in the
cated. intheN6fthga.tearea, and each party
best interest of the health, safety, and welfar of persons 10-
extend the agreement previously executed on
NOW, THEREFORE, premises considered, and r mutualsatis-
factory consideration received by each of the rties hereto, the
parties agree that temporary measures will mutu benefit the
CITY and INVESTMENTS, and the parties as follows:
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1. The CITY will extend the Tempora y Certificate of
Occupancy for the tract described in the attac ed Exhibit "A" for
the parking lot plan previously approved ,by th Project Review
Committee and the Planning and Zoning Commissi
2. This permit shall be extended fo a period of one
year from the date of this agreement.
3. All fire lanes and fire exits mu t continue to be
clearly marked for the term of this agreement.
4. HARRIS shall maintain sufficient gravel in the
parking lotto keepa. level surface free of po holes and allevi-
ate the grass encroachment into the gravel lot for the period of
this agreement.
S. HARRIS shall maintain the railro dtie,wheelstops
consistent with the existing development. development must
comply with the Zoning Ordinance of the City 0 College Station
or receive 'approval for a variance to irements from the
Zoning Board of Adjustments.
6. HARRIS shall maintain the Parkin Lot office in
good repair and in compliance with allapplica Ie City ordi-
nances,including, but not limited to Ordinanc No. 1792, or-
dained by the City of College Station
1988.
cil on' December 8,
7. HARRIS shall comply with all req irements of the
approved site plan, including, but not limited to, the mainte-
nanceon site of a portable toilet.
8. HARRIS shall maintain the lot fr e from debris for
the term of this agreement.
9. Harris shall maintain the landscaping as approved.
10. It is understood that any failure. to meet the above
ob Ii ga i:.ionsterminat e St.l1 i s a gr e ement and revokes the condit i ona 1
occupancy certificate issued herein. In such a event, use and
occupancy of this parking lot and/or buildings located thereon as
a parking lot shall thereafter be unlawful and in violation of
CITY ordinances.
-3-
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a. Violations may be charged foeach day of any
such violation.
b. ,The parties hereto agree upo presentation of
the affidavit of the City Manager to a Distric Court of Brazos
County, Texas, that if anyone of the above pr visions has not
been complied with, the CITY may enjoin the us of the property
as a parking lot.
c. GEORGE BOYETT, GLADYS BOURGE IS, and w.e.
BOYETT represent that they are authorized toe ecutethis Agree-
rnent on behalf of the undersigned business ent ty which is the
sole owner of the property, and that they are
only general
partners of INVESTMENTS.
11. This Agreement shall be binding upon the CITY and IN-
VESTMENTS, and their :r;espectiveagents,succes
assigns.
12. SKIPPER HARRIS, by execution hereof,
as the lessee
of the property ,described herein from INVESTME
pursuant to a
written Lease Agreement, hereby evidences this agreement for him--
self, his heirs ,succe,ssors, and assigns, tob b'ound by the pro-
visions here,ofand assume the obligations here nder and the Lease
Agreement referred to herein.
DATED this
,1990.
day of
CITY OF COL EGE STATION
ATTEST:
BY:
LARRY RI GER, Mayor
City Secretary
BY:
RON RAGL D, City Manager
BOYETT INVE TMENTS, LIMITED, a
Texas Limit dPartnership
BY:
GEORGE H. BOYETT, a General
Partner fBoyett
Investme ts, Limited
BY:
GLADYS BOURGEOIS, a General
Partner f Boyett
Investme ts, Limited
-4-
e
-5-
BY:
w.e. BOY TT, a General
Partner f Boyett
Investme ts, Limited
SKIPPERHAR IS, Individually
and as Less e of Boyett
Investments, Limited
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EXHIBIT "A"
Being .6.23 acres, more or less, at the no thwestcorner of
the intersection of Church Street and Nagle St eet, College
Station, Texas, and further described as TheR parts
Subdivision, Lot C(1.96acres),Lot D-2 (1.01 acres), and Lot E
(3.26 acres), as shown on Vacating and Resubdi isionPlat filed
in Volume 517 Page 705 of the Deed Records, Br zos County, Texas.
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