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HomeMy WebLinkAbout07953 ORD - 03/16/1966TDM:JKH:3 -16 -66 Y. D AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH E. S. MARIE AND 0. NEATHERY FOR THE a PURPOSE OF PROVIDING FOR THE REIMBURSEMENT TO THE CITY OF THE COST OF EXTENDING AN 8 -INCH WATER MAIN AND THE INSTALLATION OF A FIRE HYDRANT TO SERVE A 14.777 -ACRE TRACT OF LAND KNOWN AS TRACT NO. 1,017 ANCHOR HARBOR, ' a� AND PROVIDING FOR THE REIMBURSEMENT TO THE CITY FOR THE COST OF THE FUTURE EXTENSION °OF SAID 8 -INCH WATER MAIN ' ALONG JTHE SOUTH BOUNDARY OF SAID TRACT WHEN SUCH FUTURE EXTENSION IS MADE, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. r t, BE I'T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER,, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF'OF�THE CITY OF CORPUS CHRISTI, TO EXECUTE w AN AGREEMENT WITH E. S:' MARIE AND 0. NEATHERY FOR THE PURPOSE OF PROVIDING a * w a FOR THE REIMBURSEMENT TO THE CITY OF THE COST OF EXTENDI'N'G AN 8 —INCH WATER MAIN AND THE INSTALLATIONdOF A FIRE HYDRANT TO SERVE A 14.777 —ACRE TRACT X OF LAND KNOWN AS TRACT NO. 1 OF ANCHOR HARBOR, AND PROVIDING FOR THE REIMBURSEMENT TO THE CITY FOR THE.COST OF THE FUTURE EXTENSION OF SAID 8 —INCH WATER MAIN ALONG THE SOUTH BOUNDARY OF SAID TRACT WHEN SUCH FUTURE EXTENSION IS MADE, ALL AS MORE FULLY SET�OUT IN THE AGREEMENT, A COPY OF . a � r WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. r i r fr SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT r � AT THE EARLIEST POSSIBLE DATE IN ORDER THAT THE TERMS OF THE AGREEMENT MAY BE EFFECTUATED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESS'I -TY REQUIRING THE SUSPENSIONJ.OF THE CHARTER RULE THAT"NO ORDINANCE f • OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHAL'L'BE''READ AT THREE SEVERAL MEETINGS tE « OF,THE CITY COUNCDL AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION Lt , * r s ' a Y� 11 1 7953 AND TAKE EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / SO CT _-AY OF MARCH, 1966. ��""TTT s ATTEST: 4A R Nro•lerg ITY SECR TAR THE CITY OF CORPUS CHRISTI, TEXAS APP�jOVED AS TO LEGAL FORM IS / /o DAY OF MA CH, 1966: CITY A ORNEY r i THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT made and entered into this day of 1966, by and between E. S. Marie and 0, Neathery, Jr., hereinafter called 'Owners ", and the City of Corpus Christi, Texas, a Texas municipal corporation, hereinafter called "City ", W I T N E S S E T H: THAT Owners own the following described land located within the corporate limits of City and located in Nueces County, Texas, to -wit: All that certain tract, or parcel of land, being a 14.777 acre portion of Lot One (1), Section Thirty (30), and Lot Two (2), Section Thirty -one (31), of FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, which plat is of record in the Map Records of Nueces County, Texas, in which county said land is located. Said tract, or parcel of land being more specifically de- fined by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 2, Sec- tion 31, Flour Bluff & Encinal Farm and Garden Tracts, an iron rod from whence an old post marked "E -16 ", the common corner of Sections 28, 30 & -31, Flour Bluff and Encinal Farm and Garden Tracts, bears N 61° W at a distance of 660.00 feet, and from whence the Northwest corner of this tract bears N 29° E a distance of 419.90 feet, said corner being an iron rod on the meander line of Cayo del Oso; • N r' THENCE, N 69° 15' E with the meanders of Cayo del Oso a distance of 125.00 feet to an iron rod for a corner of this tract; THENCE, N 59° 54' E with the meanders of Cayo del Oso a distance of 300.00 feet to an iron rod for a corner of this tract; THENCE, S 61° E a distance of 165.17 feet to an iron rod for the Northeast corner of this tract; THENCE, S 29° W a distance of 1,705.92 feet to an iron rod in the North Right -of -way of Lexington Boulevard and the Southeast corner of this tract; THENCE, N 630 36' 30" W along and coinciding with the North Right -of -way of Lexington Boulevard a dis- tance of 157.06 feet to an iron rod for a corner of this tract; THENCE, N 67° 54' W along and coinciding with the North right -of -way line of Lexington Boulevard to an iron rod, a distance of 200.44 feet for a corner of this tract; THENCE, N 63° 36' 30" W along and coinciding with the North right -of -way of Lexington Boulevard a dis- tance of 44.16 feet to an iron rod for the Southwest corner of this tract; THENCE, N 29° E along and coinciding with the West line of Lot 2, Section 31, Flour Bluff & Encinal Farm and Garden Tracts, a distance of 966.44 feet to the Point of Beginning. Said tract, or parcel of land contains 14.777 acres; 1 THAT Owners propose to copstruct and are now constructing upon said land a mobile home addition to be operated under the name of and hereinafter sometimes called "Anchor Harbor ". Under -2- r. date of June 3, 1965, the plat of Tract No. 1 of Anchor Harbor was approved by the Zoning and Planning Commission of City, and the same was further approved by City's Director of Public ` Works on October 4, 1965, and such plat was filed on October 6, 1965, in Volume 30, page 83 of the Map Records of Nueces County, Texas, as provided by law, to which plat and the record thereof reference is here made for all purposes; THAT the code and ordinances of City do not make specific provision for construction of a mobile home addition such as Anchor Harbor, and no specific definition of such an addition is made by such code or ordinances to classify Anchor Harbor as a "subdivision" of or to City, or to otherwise categorize Anchor Harbor in order to apply specific provisions of said code and ordinances of City to the methods, techniques and materials to be utilized in its construction or to delineate the requirements and duties to City imposed upon Owners in the construction of Anchor Harbor; THAT Owners and City have agreed that the public interest and the rights of Owners require a finding and stipulation of the status of Anchor Harbor and any and all future exten- sions, enlargements or additions thereto whether upon the above described land or land adjacent to or in the near vicinity -3- thereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for {' and in consideration of the premises and the mutual benefits hereof to City and Owners, and in consideration of the bene- • fits to the public interest which will inure herefrom, it is f hereby agreed and stipulated by and between City and Owners r ' 9 as follows: a (1) For the purposes of determining the requirements to be imposed upon Owners in selecting the methods, techniques and materials to be utilized in the construction of Anchor Harbor and any and all extensions, additions or enlargements thereto as aforesaid, such project shall be a "subdivision" of and to City. It is understood and expressly agreed that such definition shall not necessarily apply to Anchor Harbor or any extension, enlargement or addition thereto, nor shall this agreement imply that such definition is to apply or not to apply for any other purpose such as, not to limit the generality of the foregoing but only in elaboration thereof, dedication of streets, alleyways or utility easements, taxa -` tion, platting, utility requirements, or construction inspec- tion. (2) Anchor Harbor, and any and all extensions, enlarge- ments or additions thereto, may be constructed under utility contractor type specifications and shall be in substantial compliance with the plans and specifications attached hereto as Exhibit "A" and made a part hereof for all purposes, which plans and specifications are hereby approved by City. (3) Owners agree to reimburse City the reasonable cost of extending, along a path parallel to the south boundary of said land, the eight (8 ") inch water main which is pres- ently located approximately parallel to the southerly portion of the southeast boundary of the above described land, to the southeast corner thereof, and the reasonable cost of installing thereon a fire hydrant of standard and customary size and specifications. City shall provide at its sole cost any easement or right -of -way across land adjacent to the above described tract if necessary to be used for such eight (8 ") r s inch water main extension and fire hydrant site. (4) At such time, if any, in the future as development and uses of the area in which the above described land is located become such that*the policies, code and ordinances of City and the public interest reasonably require an exten= sion of said eight (8 ") inch water main along the entirety of the south boundary of the above described land and the same is so extended by City, Owners agree to pay their proportionate -5- A part of the cost of such extension at the then prevailing rate per foot for such pipe line construction; provided, however, that this agreement shall not be construed to grant to City any easement or right -of -way across said land for the exten- sion of such eight.(8 ") inch water main, and in the event of any need therefor 'in the future, the same shall be negotiated and purchased or otherwise acquired by City. (5) This agreement shall inure to the benefit of and be binding upon Owners and City, and their respective heirs, successors, departments, commissions, agents, representatives and assigns, AND SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND. IN WITNESS WHEREOF, this agreement is executed as of the date first above written by Owners and the below designated officers and representatives of City hereunto duly authorized. CITY OF CORPUS CHRISTI By HERBERT W. WHITNEY ATTEST: CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THIS E. S. Narie IL_DAY OF MARCH, 1966: CQ�� - L'�i' CITY ATT RN Y 0 0. Neathery, Jr. 1 DIRECTOR OF FINANCE -6- d, f THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day per- sonally appeared HERBERT W. WHITNEY , CITY MANAGER v of theCity of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi, for the purposes and consideration therein ex- pressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of March, 1966. Notary Public in and for NUECES County, Texas. THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared E. S. MARIE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration { therein expressed. Given under my hand and seal of office, this the day of March, 1966. Notary Public in and for NUECES County, Texas. THE STATE OF TEXAS I COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared 0. NEATHERY, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of March, 1966. Notary Public in and for NUECES County, Texas. .w . CORPUS CHRISTI, TEXAS r 16 DAY OF d_At L a 19/6 s s TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- ' GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, 1AYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN 4 4'tp y/ JACK BLACKMON PATRICK J. DUNNE l.f. DR. P. JIMENEZ, JR. ��V KEN MCDAN 1 EL RONNIE SIZEMORE WM. H. WALLACE (� y THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN �A.C�1 4 JACK BLACKMON _(.0 PATRICK J. DUNNE DR. P. JIMENEZ, JR. 4 KEN MCDANIEL rt RONNIE SIZEMORE ` WM. H. WALLACE .- f ' '