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HomeMy WebLinkAbout09048 ORD - 10/02/196810- 1- 68:FMB AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A GRANT OF EASEMENT FROM THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF THE NAVY, FOR A ROAD ACROSS ISLANDS "All, "B" AND "C ", LYING BETWEEN WARD ISLAND AND THE FLOUR BLUFF AREA OF THE CITY; AND DECLARING AN EMERGENCY. WHEREAS, THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF THE NAVY, HAS AGREED TO GRANT AN EASEMENT TO THE CITY OF CORPUS CHRISTI FOR THE IMPROVEMENT, CONSTRUCTION, USE, MAINTENANCE, OPERATION, REPAIR AND REPLACEMENT OF A ROAD OVER AND ACROSS ISLANDS "A", "B" AND "CII, ALL AS DESCRIBED IN SAID EASEMENT GRANT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND WHEREAS, THE CITY OF CORPUS CHRISTI DESIRES TO ACCEPT SAID EASE- MENT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A GRANT OF EASEMENT FROM THE UNITED STATES OF AMERICA FOR A ROAD ACROSS ISLANDS "A ", "B" AND "C ", LYING BETWEEN WARD ISLAND AND THE FLOUR BLUFF AREA OF THE CITY, AS DESCRIBED IN SAID GRANT OF EASEMENT, A COPY OF WHICH IS MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE ACCEPTANCE OF THE GRANT OF EASEMENT HEREINABOVE REFERRED TO CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF 9048 ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE � DAY OF OCTOBER, 1968. ATTEST: CITY ECRET Y A OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ar DAY OF OCTOBER, 1968: CITY ATTO iJEY DEPARTMENT OF THE NAVY GULF DIVISION NAVAL FACILITIES ENGINEERING COMMAND BUILDING 76, NAVAL SUPPORT ACTIVITY NEW ORLEANS, LA. 70140 IN REPLY REFER TO 072 /AOB /no AIR 14AIL ��02021 7 SEP TED Q gbb City of Corpus Christi �• F, � `'� P. 0, Box 1622 M Corpus Christi, Texas r EG o:� 10 Attention tor. E. L. King, Right -of CoBYdina Gentlemen: The Chief of Naval Air Advanced Training has requested that the City of Corpus Christi, Texas, be granted the enclosed proposed easement for roadway purposes needed for the improvement and construction of Ocean Drive to the North Gate of the U. S. Naval Air Station. It is requested that the acceptability of the enclosed proposed easement NF(R) -1739 by the City be promptly furnished by return mail. By copy, the acceptability of the proposed easement by the Chief of Naval Air Advanced Training and the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, is also requested. Very truly yours, Encl: (1) Draft of Easement B R C. WALLACE NPR -1739 CDR CEe 5fic " ( () £•racu6ve O ;.`icer THIS INDENTURE, made the All correspondence in connection with this instrument should include reference to NF(R) -1739. GRANT OF EASE CNT day of , 1968 between the United States of America, herein called the Government, acting by and through the Department of the Navy and the City of Corpus Christi, State of Texas, herein called the Grantee. WHEREAS,-the Governmant owns that certain real property known and identified as the U. S. Naval Air Station, Corpus Christi, Texas, herein called the Station; and WHEREAS, the Grantee has requested the conveyance of an easement for the improvement, construction, use, maintenance, operation, repair and replacement of a road over and across that portion of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has found that the grant of such easement on the terms and conditions hereinafter stated is not incompatible with the public interest: NOW, this Indenture witnesseth that, in consideration of the improvements, replacement and maintenance by the Grantee to a portion of the public road which provides the main access to the existing North Gate of the Station, the Govern- ment, pursuant to the authority of Title 10, United States Code, Section 2668, hereby grants unto the said City of Corpus Christi, State of Texas, in perpe- tuity from the date hereof, an easement for the improvement, construction, use, maintenance, operation, repair and replacement of a road, herein called the Road, such easement to extend over and across and be confined to that portion of the Station, herein called the Premises, which is described as Tracts of Lard as follows: Being a tract of land out of a portion of Island "A" as described by the following deeds or records,Voiume 283, Page 619, Volume 234, Page 581, Volume 223, Page 546, and Volume 285, Page 73, Nceces County, Texas Deed iecords, said Isla::d lyin; asst of Ward Island an(. between Corpus Christi Bay and Cayo Del Oso, Nueces County, Texas, said tract of land being nore particularly described by metes and bounds as follows: Beginning at U. S. Coast and Gaodetic Survey ;riangllation Station "Callo ", Plane coordinates being X = 2,384,025.51, Y /44,893.57, Thence N. 540 11' 00" W, a distance of 439.75 fee= to a point, said point being the Most nortcwasterly and beginning corner of Lae tract herei:, described, Thence around said Island "A" with the following calls: S. 840 47' 20" E., 395.11 feet, S. 700 17' 30" E., 384.40 feet, S. 660 30' 20" E., 418.42 feet, S. 690 01' 40" E., 344.14 feet, S. 700 02' 20" E., 460.05 feet, S. 270 58' 20" W., 127.17 feet, N. 720 34' 25" W., 1099.81 feet, S. 740 24' 55" W., 196.33 feet, Thence N. 590 54' 03" W, across said Island, a distance of 750.30 feet to a point in the northwest boundary line of said Island, .Thence N. 370 01' 45" E., with the northwest boundary line of said Island, a distance of 90.19 feet to the place of beginning. Containing 8.673 acres of land, more or less; and Being a tract of land out of a portion of Island B, as described by deeds recorded in Volume 286, Page 6, and Volume 286, Page 456, Nueces County, Texas, Deed P.ecords, and lying between Corpus Christi Bay and Cayo Del Oso, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at U. S. Coast and Geodetic Survey Triangulation Station "Callo ", Plane coordinates being X = 2,384,025.51, Y - 744,893.57, Thence S. 700 07' 00" E, a distance of 2280.40 feet to a concrete monument, Thence S. 720 51' 28" E, a distance of 52.20 feet to the most southwesterly and beginning corner of the tract herein described, Thence around said Island with the following calls: N. 60 01' W, 90.25 feet N. 490 27' 14" W, 140.74 feet N. 630 52' 22" E, 195.00 feet S. 800 35' 08" E, 702.85 feet Thence S. 650 25' 17" E, across the north portion of said Island, a distance of 629.85 feet to a point in the east boundary line of said Island for the most northeasterly corner of the tract herein described, Thence S. 160 59' 12" W, with the east boundary line of said Island, a distance of 285.92 feet to the southeast corner of said Island and the southeast corner of this tract, Thence N. 720 51' 28 "W,with the south boundary of said Island, a distance of 1302.12 feet to the place of beginning. Containing 10.13 acres of land, more or less; and VA Being a tract of land out of Island B, as shown by deed dated 10 -3 -1942 and recorded in Volume 286, Pages 34 and 35, Nueces County, Texas, Deed Records, said tract of land being more particu- larly described by metes and bounds as follows: Beginning at U. S. Coast and Geodetic Survey Triangulation Station "Callo ", Plane Coordinates being X = 2,384,025.51, Y = 744,893.57, Thence S. 700 07' 00" E, a distance of 2280.40 feet to a concrete monument, Thence S. 720 51' 28" E, a distance of 1444.80 feet to a point, the beginning corner of the tract herein described; Thence N. 370 39' 32" E, a distance of 89.80 feet to a point for an interior corner of this tract, Thence N. 240 41' 19" W, a distance of 46.76 feet to a point for a corner of this tract; Thence N. 170 43' 38" E, a distance of 63.72 feet to a point for a corner, Thence N. 600 07' 33" E, a distance of 107.59 feet to a point for a corner, Thence S. 650 25' 17" E, a distance of 658.32 feet to a point for an interior corner in the north right of way line of 90 foot wide Ocean Drive; Thence S. 720 35' 12" E, with the north right of way line of said Ocean Drive, a distance of 659.23 feet to a point in the most easterly boundary line of said Island B, Thence S. 50 23' 52" W, with the most easterly boundary lire of said Island B, a distance of 92.02 feet to a point in the south right of way line of said Ocean Drive, Thence N. 720 35' 12" W, with the south right of way line of said Ocean Drive, a distance of 678.39 feet to a point for corner, Thence N. 790 45' 07" W, a distance of 717.93 feet to a point in the south boundary line of said Island B, for a corner of this tract, Thence N. 720 51' 28" W, a distance of 13.91. feet to the place of beginning. Containing 5.670 acres of land, more or less; and Being a tract of land out of Island C, Richardson second tract, as described by deed dated 10 -3 -1942, in Volume 286, Pages 34 and 35, Nueces County, Texas, Deed Records, said tract of lard being more particularly described by metes and bounds as follows: Beginning at U. S. Coast and Geodetic Survey Triangulation Station "Gallo ", Plane Coordinates being X = 2,384,025.51, Y = 744,893.57, 3 Thence S. 700 07' 00" E, a distance of 2280.40 feet to a concrete monument, Thence S. 720 51' 28" E, a distance of 2972:20 feet to a point, Thence N. 330 39' 12" E, a distance of 85.80 feet to a point in the south right of way line of 90 foot wide Ocean Drive and the place of beginning of the tract herein described, Thence continuing N. 330 39' 12" E, a distance of 16.84 to a point for an interior corner of the tract herein described, Thence N. 560 20' 48" W, a distance of 64.06 feet to a point for a corner of this tract, Thence N. 170 33' 25" E, a distance of 54.72 feet to a point for a corner of this tract, Thence N. 530 35' 42" E, a distance of 21.48 feet to a point in the north right of way line of said Ocean Drive, Thence 5.720 35' 12" E, with the north right of way line of said Ocean Drive, a distance of 1725.36 feet to a point in the most easterly boundary line of said Richardson Second Tract, Thence S. 160 06' 35" W, with the most easterly boundary line of said Richardson Second Tract, a distance of 60.47 feet to a point for a corner of this tract, Thence S. 790 18' 19" W, a distance of 33.22 feet to an interior corner of this tract, Thence S. 190 29' 52" W, a distance of 38.08 feet to a point in the south boundary line of said Ocean Drive, Thence N. 720 35' 12" W, with the south boundary line of said Ocean Drive, a distance of 1670.60 feet to the place of beginning. Containing 3.51 acres of land, more or less; and Being a tract of land out of Island C, Richardson Third Tract, as described by deed dated 10 -3 -1942, recorded in Volume 286, Pages 34 and 35, Nueces County, Texas, Deed Records, said tract of land being more particularly described by metes and bounds as-follows: Beginning at U. S. Coast and Geodetic Survey Triangulation Station "Callo ", Plane Coordinates being X = 2,384,025.512 Y = 744,893.57, Thence S.700 07' 00" E, a distance of 2280.40 feet to a concrete monument, Thence S. 720 51' 28" E, a distance of 4847.78 feet to a point, the southwest corner of said Richardson Third Tract, from whence a concrete monument bears S.720 51' 28" E, a distance of 8.33 feet, Thence N. 170 29' 0.' E, a distance of 73.57 feet to a point in the South Ri&t of '"y line of 90 foot wide Ocear. Drive for the point of beginning of the tract herein described, Thence continuing N. 170 29' 02" 2, a distance of 90.00 feet to a point in the north right of way line of said Ocean Drive, Thence S. 720 35' 12" E, with the north right of way line of Ocean Drive, a distance of 221.07 feet to a point, 4 Thence S 640 35' 12" E,'continuing with the north right of way lire of said Ocean Drive, a distance of 462.18 feet to a point in the east boundary line of said Richardson Third Tract for a corner of this tract, Thence S. 160 40' 32" W, with the east boundary line of said Third Tract, a distance of 91.06 feet to a point in the south right of way line of said Ocean Drive for a corner of this tract, Thence N. 640 35' 12" W, with the south right of way line of said Ocean Drive, a distance of 469.76 feet to a point for a corner of this tract, Thence N. 720 35' 12" W, with the south right of way line of said Ocean Drive, a distance of 214.93 feet to the place of beginning. Containing 1.40 acres of land, more or less. All as delineated on the map, marked "EXHIBIT A" to NF(R) -1739, attached hereto and made a part hereof. THIS EASEMENT is granted subject to the following terms and conditions: 1. All work in connection with the construction, operation, repair and use of the Road shall be done without cost or expense to the Department of the Navy and in accordance with plans previously approved by the Commanding Officer, Gulf Division, Naval Facilities Engineering Command, hereinafter referred to as the Commanding Officer. 2. The Grantee shall maintain the Premises and the Road in good condition at all times and shall promptly make all repairs thereto which may be necessary for the preservation of the cori.ition of the Premises and the continued oper- ation and maintenance of the Road. 3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be promulgated by the Government to insure that the exercise of such rights shall not interfere with the Government activities at the Station. 4. Upon termination of the easement granted herein, if desired by the Government, the Grantee, at its expense, shall remove any and all improvements installed or constructed hereunder and restore the 2recsises to the same or as good condition as that which existed prior to the exercise by the Grantee of its rights hereunder, such restoration to be effected to tkte satisfaction of the Commanding Officer. 5. The Government reserves the right to .sake such connections between the toad herein authorizer: and oLher roads en the Station as the Government 5 may consider necessary, and also reserves to itself rights -of -way herein granted; provided, however, that such rights shall be used in a manner that will not unreasonably interfere with the use and enjoyment by the Grantee of the easement rights granted herein. 6. That all or any part of the right -of -way herein granted may be terminated upon failure on the part of the Grantee to comply with any of the terms and conditions of this grant; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. IN WITNESS WHEREOF, the Government, acting by and through the Department of the Navy, has caused this instrument to be executed the day and year first above written. THE UNITED STATES OF A:ERICA Naval Facilities Engineering Command, By direction of the Commander, Naval Facilities Engineering Command Acting under the direction of the Secretary of the Navy STATE OF LOUISIANA ) PARISH OF ORLEANS ) ON THIS the day of , 1968, before me, the undersigned officer, personally appeared , known to me to be serving in or with the armed forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this Certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States. WITNESSES: A. 0. BAJO\, JR. 61 Dove Street New Orleans, Louisiana 70124 G. J. FASJT.LO 3343 Ta. Ave--;­! Pkwy, New Orleans, Louisiana 7CI25 6 0 CORPUS CHRISTI, TEXAS !nomp AY OF (�J , jq! 0 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS . FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON BONN 1 E $ 1 ZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDAN1EL �l W. J. "WRANGLER" ROBERTS C/ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDAN I EL -� W. J. "WRANGLER" ROBERTS bC /J .Ci/_lLl