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HomeMy WebLinkAbout06510 ORD - 05/09/1962IMS:JKH:4 -25 -62 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXEC— UT FUR AND ON BEHALF OF THE CITY OF CORPUS r., CHRISTI, AN AGREEMENT WITH C. G. GLASSCOCK WHEREBY THE CITY WILL PROVIDE UTILITY S RVICE TO THE C. G. GIASSC CK PR RTY, MATED EAST OF OCEAN DRIVE AND 9- R D I N I hL C I I Y OF CORPUS CHRISTI, AND SAID C. G. GLASSCOCK WILL IMPROVE A PORTION OF SAID AREA, ALL MORE FULLY D SCR B D N H AGR EMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID AGREEMENT TO BE IN LIEU OF THE AGREEMENT BETWEEN THE CITY AND C. G. GLASSCOCK DATED OCTOBER 20, 1960- BE IT ORDAINED BY THE CITY COUNCIL OFiTHE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH C. G. GLASSCOCK WHEREBY THE CITY AGREES TO PROVIDE UTILITY SERVICE TO THE C. G. GLASSCOCK PROPERTY LOCATED EAST OF OCEAN DRIVE AND SHORELINE BOULEVARD, IN THE CITY OF CORPUS CHRISTI, AND SAID C. G. GLASSCOCK AGREES TO IMPROVE A PORTION OF SAID AREA, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID AGREEMENT TO BE IN LIEU OF THE AGREEMENT BETWEEN THE CITY AND C. G. GLASSCOCK DATED THE 28TH DAY OF OCTOBER, 1960. a 4 ti 3 yh; b. i 6510 Thence from this point of beginning, along the arc of aforementioned curve, a distance of 620.46' to the end or P. T. of curve, a point from which the boundary bears N 190 35' 10" W. Thence, from this point, a distance of 1243', N 190 35' 10" W. to a point that is the beginning of a second curve having a degree of curve of 720 03' 5011, a radius of 85, and a central angle of 90 degiees. Thence, along the arc of this curve, a distance of 133.52' to a point from which the boundary of this tract bears N 190 35' 10" W. Thence from this point, N 190 j5' 10" W, a distance of 260.0' to a point from which the boundary bears S 700 24' 50" W. Thence 178.0', S 700 24' 50" W to a point from which the boundary bears N 77 -20 -10 W. Thence from this point, a distance of 354.0', N 770 20' 10" W to a paint in the southeast boundary in the existing 22.39 acre tract mentioned above. Thence along this southeast boundary of aforementioned tract, S 190 35' lo" E, a distance of 2160' to a point and the place of beginning of this survey, to be subject to the following terms; (A) A breakwater shall be constructed extending from the point on the present concrete retaining wall, being the point where a concrete groin now extends eastward in the Corpus Christi Bay near the Northern end of the Eastern portion of said retaining wall approximately 1800 feet from the South and of said retaining wall. Said breakwater shall extend Eastward and Southward approximately parallel to said Eastern portion of said retaining wall until East of the Southeast corner of said retaining wall and thence Westward toward the Southeast corner of said concrete retaining wall. (B) Plans and specifications shall be prepared in detail as promptly as practicable after the execution of this agreement and granting of this easement by the City and upon completion of said plans and specifications the same shall. be submitted to the City for its examination and in the event any objedtiona are raised by the City through its Director of Public Works the said plan and specifi- cations shall be cured and corrected so as to eliminate any such objectionable features. (C) The Easement hereby granted includes that area upon which the said breakwater rests and the space between the breakwater and the said Sastein portion of the said concrete retaining wall, said area limited by the condition herein- after provided to the affect that said easement shall be appurtenant to and not -2- w separated from the said now existing filled area of land. (D) The Grantee shall have the right and privilege at his own cost and expense and subject to his control and responsibility of constructing piers, dockage facilities for pleasure craft and use of the area included withia said Easement as a Marina, Boat Basin and area for water sports, and the City shall have the right and privilege of attaching a breakwater extending either to the North of the northern part of such breakwater as is constructed by the Grantee, or to the South from the South and Southeast portion of such breakwater as is constructed by the Grantee as well as the rights provided in Paragraph 5 of this agreement. (E) Such Marina facilities as may be constructed by the Grantee shall be for the sole use of the oBners, occupants, and tenants of the Grantee, and his successors in interest, of the Glasscock fill property and im.rovements thereon and shall not in any way be operated as a boat basin, boat slip, dockage facilities or other pleasure craft facilities for the general public. (F) It is agreed that during the construction of the same, suitable barricades, signs and safety devices shall be used by Grantee so as to protect the public from any injuries and that the said breakwater shall be'so constructed as to be safe in all respects. (G) This Easement shall be conditioned that the said C. G. Glasscock, his successors or assigns, shall complete construction of the same in accordance with the said plane and specifications within two (2) years from the date hereof and in the event the same be not completed within such period, this Easement shall terminate and be of no further force or effect. In the event the said construction is completed in accordance with said plans and specifications within said tiaa, then this Easement shall constitute an Easement running with the land, subject to the right of the City to build an offshore road, as hereinafter provided. 2. For and in consideration for the execution of this instrument by the City and the rights granted to the Grantee by the City hereunder, said C. G. Glasscock, without any cost whatever to the City, agrees to, within two (2) years of the data hereof, place approximately 17,000 cubic yards of dredge material which 1s -3- contemplated to be obtained from the dredging operations of a boat basin to be located between the breakwater mentioned in Item 1 above and the existing retain- ing wall of the present Glasscock fill property; said dredging material to be deposited in accordance with the direction of the Director of Public Storks of the City and then in lieu of any park dedication or payment in lieu of park dedication, said deposited dredge material shall be covered by the said C. G. Glasscock with- sand at least one (1') foot in thickness uniformly applied in a manner specified by the Director of Public Storks; using sand of a quality suitable to obtain maximum stabilization and of a type approved by the Director of Public Works. It is further agreed that the advice and consent of the engineers of C. G. Glasscock, in regard to the deposit of said dredge material and the placing of sand, shall be available to the City without charge to the City to the and that placing of said dredge material and sand coverings shall be so accomplished that beach washout will be minimized and a maximm amount of beach area created. The City shall have the option, provided'the same be exercised prior to the completion of the placing of said dredge material, of having a payment of $10,000.00 made to the City in lieu of the furnishing and placing of the sand covering herein obligated to be placed by the said C. G. Glasscock. It is agreed that the total cost of acquiring sand and placing the same as aforesaid shall not exceed a total cost to the said C. G. Glasscock of $10,000.00. ` 3. The City agrees to provide utility services for the supplying of water, gas and sanitary sewer service to said premises so that by the payment of necessary tap fees and cost of installation of connecting lines, services will be ivaiiable of a sufficient size to furnish said utility services to the said C. G. dlasscock property. However, it is understood that if a spar lift station is necessary in order to utilize the sewer line contemplated to be constructed by the City, that such lift station will be constructed, maintained and operated by and at the expense of the owner of said C. 6. Glasscock property. It is agreed that the City will construct a sanitary sewer line sufficiently adequate to handle the inticipated flow of the improvements heretofore submitted to the City by the C. G: Glasscock engineers. The City will prepare necessary plane aid specifications and begin or cause to be b egun the construction of such sewer line within a reasonable time after C. G. Glasscock begins construction of the said development represented by C. G. Glasscock to be a part of the improvements to be placed on and adjacent to the said C. G. Glasscock Tract, and the City will then proceed to construct said •ewer line with reasonable diligence to the end that said sewer line will be completed and sewer service be available by the time of the completion of the improvements for hotel, motel, apartment or,other Improvements to be completed by C. G. Glasscock. 4. In the event right of way be necessary for the improvement of Shoreline Boulevard and /or Ocean Drive so as to provide safe and easy entrance and exit to the said C. G. Glasscock fill area, it is agreed that sufficient land area will be furnished without cost to the City by C. G. Glasscock. In this connection, preliminary plans for such facilities will,be rovided p by C. G. Glasecock's 6ngi- nears but the determination of the location and amount of right of way necessary shall be by the Director of public Storks within the 50 foot strip shown bn the attached plat and his decision shall be final. Such traffic control, street extension, grade separation or other facilitiee'for access to and from said Glass- cock property shall be in accordance with the plans, designs and patterns as may be approved by the Director of Public Works of the City. In the event detailed plans are prepared by the City or under its direction for the establishment of a grade separation intersection at Morgan and Ocean Drive, it is agreed that the area shown on the attached plat 50 feet in width at the point opposite the present Pastern and of Horgan Street shall be conveyed to the City by the said C. G. Glasscock or the than owner of the said land and the agreement to iponsey to the City shall, as to the said 50 foot strip shown on said plat, be a coveaaat running with the land. Until such conveyance is made, said 50 foot scrip shall remain the property of the said C. G. Glasscock or his grantees wbo any be owners of said land abutting said 50 foot strip and aatil request by the City for conveyance of said 50 foot strip or portion thereof to spay be nosded for such jrade separation and traffic interchange at the intersection of Manua Street and otasn Drive may be used by the said C. G. Glasscock and his Grantees for arch putrposi as they may desire at their own risk of demand being suede by the City for conveyance -5- of the same at any time for constructiod of said traffic interchanges 5. Nothing in this agreement shall prevent the City of Corpus Christi froi constructing any improvements in the nature of small craft basins, mooring docks, breakwaters, bridges or facilities forming a part of an offshore road or connection to an offshore road provided that no part of said road shall be on the C: G. Glasscock tract located within the now existing concrete retaining wall, unless, by agreement with the then owner of the area proposed to be used as road right of way, or, by way of exercise of the power of eminent domain by the City. 6. It is contemplated by the parties that the breakwater and beach improve- ments herein provided for shall be completed by the said C. G. Glasscock within two years from the date hereof and it is contemplated that construction will take at least one year of time; and it is, therefore, agreed that unless construction be commenced within one year from the date hereof, and same completed within two years from the date hereof, or such later date as may be agreed to in writing by the City, that this Agreement shall in all things terminate and be of no further force or effect. 7. It is agreed by the parties hereto that this Agreement shall be in lieu of or in substitution of that Agreement dated October 8, MO, and shall in all things supercede said Agreement. WITNESS OM HAMS IN DUPLICATE; each of which shall be considered as as original, this the date of 1962. ATTEST: C. G. Glasscock CITY OF CORPUS CHMLSTI BY .Herbert W. Whitney, City Manager City Secretary APPI M AS TO LEGAL PORK THIS DAY 01 , 1962 _ City Attorney -6- THE STATE OF TESAS i CauNTU or NMES X Before me, the undersigned authority, on this day personally appeared C. G. Glasscock, known to as to be tia person whose new is subscribed to the foregoing instrument, and acknowledged to me that he executed the ease for the purposes and consideration therein expressed. Given tinder 4 hand and seal of office, this the day of , 1962. Notary Public in and or Nuenes County. Texas THE STATE Q TEXAS X COUM or NORCES I Before ma, the undarsigned autbority, on this day personally appeared Harbert Y. Whitney, City Manager of the City of Corpus Christi, a samicipal corporation, known to w to be the person and officer whose nave is subscribed to the fore- going instrument, and acknowledged to er that he executed the sash as the act and deed of said City of Corpus Christi for the purposes and consideration tberain expressed and in the capacity theraln stated. Given under my band and seal of office, this the day of L 1962. -7- Notary public In and for ■cases Countys Texas MS THAT THE FOREGOING ORDINANCE WAS�,/pE{ FOR THE F T IMEI ND PAS EWO ITS SECOND READING ON THIS THE O� DAY OF 19 BY THE FOLLOWING VOTE: BEN F. MCDONALD e TOM R. SWANTNER DR. JAMES Le BARNARD JOSE Re DELEON Me P. MALDONADO W. J. ROBERTS JAMES He YOUNG THAT THE FOREGOING ORDINANCE WAS AD FOR THE OND TIME AND PASSED 10 ITS THIRD READING ON THIS THE DAY OF 9 BY THE FOLLOWING VOTE: BEN Fe MCDONALD TOM Re SWANTNER DR. JAMES Lo BARNARD JOSE R. DELEON Me P. MALDONADO W. J. R06ERTS JAMES H. YOUNG THAT THE FORE NG ORDINAN AS READ FOR��77''H THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF 9_k BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG 1�yj PASSED AND APPROVED, THIS THE / DAY of 1ge APPROVED A TO LEGAL F M THIS DAY OF �ITY ATTORNEY • • P p MAYOR THE CITY OF CORPUS CHRISTI, TEXAS. i 4 Y . '� •� ♦iFw � d eµ � a • 's � s THE STATE OF TEXAS COUNTY OF NUECES X WHEREAS, C. G. Glasscock is the owner of certain properties East of Ocean Drive and East of Shoreline Boulevard, in the City of Corpus Christi, which have been filled by the construction of the retaining wall on easement heretofore granted under the terms of an Exchange Deed dated February 2, 1955, between the City of Corpus Christi and C. G. Glasscock; and WHEREAS, said C. G. Glasscock desires to improve a portion of this area and comply with the City Charter and pertinent ordinances concerning the platting of land within the city limits; and WHEREAS, the City Aesires to cooperate with the'said C. G. Glasscock by the providing of such utility service, including sewers, so that the same will be available for connections from said lands; and WHEREAS, on or about the 28th day of October, 1960, the said C. G. Glasscock and City of Corpus Chriati entered into an agreement which at that time contemplated certain proposed hotel improvements and it is now desired by the parties of said agreement to enter into a new agreement in lieu of and in sub- stitution for said agreement of October 28, 1960: NOW, THEREFORE, KNOW ALL HEN BY THESE PRESENTS THAT C. G. Glasscock and the City of Corpus Christi, for and in consideration of the mutual agreement herein provided and subject to the terms, conditions and reservations herein set forth do hereby enter into the following agreement: 1. An Easement is hereby granted by the City to C. G. Glasscock for the construction of a breakwater in an Easterly direction of and from the4coneret.4 . retaining wall now located along the East line of that property particularly des- cribed in the Exchange Deed dated February 2, 1955, above mentioned, and within 500 feet parallel to and Easterly therefrom, said Easement described by hates and bounds as follows: Beginning at a point, that is the southeast corner of the existing 22.39 acre,tract of C. G. Glasscock and located on the bayfront at Corpus Christi, Texas. Said point being the beginning of this survey and the beginning of a curved boundary having a degree of curve of 140 32' 40", a radius of 395' and a central angle of 90 degrees.