HomeMy WebLinkAbout09294 ORD - 03/26/1969• B.,W:3/25/69 •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER
INTO AN AGREEMENT WITH BALDWIN FARMS, INC., ET AL,
CONCERNING THE WIDENING OF NAVIGATION BOULEVARD,
BETWEEN MCMULLEN ROAD AND THE PRESENT SOUTH RIGHT
OF WAY LINE OF STATE HIGHWAY 1414, AND ESTABLISHING
THE SAME AS A CITY STREET, ALL AS MORE FULLY SET
FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
BE IT 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 ENTER
INTO AN AGREEMENT WITH BALDWIN FARMS, INC., ET AL, CONCERNING THE WIDENING
OF NAVIGATION BOULEVARD, BETWEEN MCMULLEN ROAD AND THE PRESENT SOUTH RIGHT
OF 14AY LINE OF STATE HIGHWAY 144, FROM A WIDTH OF 140 FEET TO 100 FEET, AND
FOR THE ESTABLISHING THE SAME AS A CITY STREET, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT
IN ORDER THAT THE STREET IMPROVEMENT MAY BE COMMENCED AT THE EARLIEST PRAC-
TICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION 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 ITS INTRODUCTION AND TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS
v 969
ACCORDINGLY SO ORDAINED, rHls THE c�QJDAY of , 1
ATTEST:
APPROVED
CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS )
(
COUNTY OF NUECES )
WHEREAS, the City of Corpus Christi, Texas, ( "Party of the
.First Part ") hereinafter called "City ", and Baldwin Farms, Inc.,
John E. Smothers, Hart Smith, J. R. Locke, A:. M. Singer and wife,
Cynthia R. Singer, Wm. B. Cox, Jr., Trustee, Erna S. Johns, Glover
S. Johns, Jr. and Max Kluge, each of whom owns a tract or parcel
of land fronting on Navigation Boulevard in the City of Corpus Christi,
Texas, ( "Parties of the Second Part ") (Individual Parties of the
Second Part being referred to as "Property Owners ") desire that
Navigation Boulevard, between McMullen Road and the present south
right -of -way line of State Highway 44 be widened from 40 feet (20
feet on each side of its centerline) to 100 feet (50 feet on each
side of its centerline) and be'established as a city street; that
the segment thereof immediately south of State Highway 44 be re- located
as shown on Exhibit "A" attached hereto; and the portion of said
right -of -way which is to be vehicle traveled be improved;
NOW, THEREFORE, in consideration of the premises and of the
covenants and agreements of the parties hereto to be kept and performed,.
the parties hereto have agreed as follows:
1. Each- 'Property Owner agrees as to the particular tract
or tracts owned by him, to dedicate to the public by map or plat, or
by conveyance to City, sufficient right -of -way so.that a 100 -foot
right -of -way will be established for Navigation Boulevard from
McMullen Road to the present south right -of -way line of State Highway
44, with the centerline of said 100 -foot right -of -way being the center-
line of the present 40 -1foot right -of -way for Navigation Boulevard
(which centerline is now between Block 10 and Block 15, between Block-
11 and Block 14, and between Block 12 and Block•13, J. Co Russell Farm u
Blocks) except as to the segment of said 100 -foot right -of -way immedi-
ately south of State Highway 44 and as to such segment, the centerline
of such 100 -foot right -of -way shall curve in a westerly - direction as
shown in Exhibit "A" attached hereto and such�lright -of -way shall widen
beyond 100 feet as it intersects the "new" south right -of -way line
of State Highway 44, also as shown on Exhibit "A" attached hereto.
Any surveying work which may be necessary to provide legal descriptions
of the rights of way to be dedicated or conveyed by Parties of the
Second Part, as hereinabove provided, or to locate on the ground the
centerline of Navigation Boulevard, shall be performed by City's
engineering department, if such department is able to perform such
surveying work in the ordinary course of its business, and Parties of
the Second Part shall have no obligation to reimburse City for the cost
of such surveying work. If City's engineering department is not able
to perform such surveying work in the ordinary course of its business,
and so advises Parties of the Second Part, such surveying work shall
be performed by a registered surveyor employed by Parties of the
Second Part and shall be paid for by Parties of the Second Part in
the same proportions as such Parties of the Second Part agree to pay
the sum of $22,$59,00 in Paragraph 3, below.
2. Upon completion of the dedications or conveyances as
provided:in Paragraph 1, above, City will forthwith proceed to improve
Navigation Boulevard from McMullen Road to the south right -of -way line
of State Highway 44 for a complete width of 24 feet (12 feet on each
side of the centerline) with said improvements having an 8 -inch caliche
base and a 2- course asphalt surface,
3. Upon completion of the improvement described in Para-
graph 2, above, each Property Owner agrees to pay to City the sum of
money set forth below opposite his name:
East Side of Navigation Blvd,
John E. Smothers .
Baldwin Farms, Inc,
Hart Smith
Allocation of
Front Feet Materials Cost
400.00 596-32
5,944.80 8,862.65
1,321.77 1,970,53
7,666.57 $11,429.50
West Side of Navigation Blvd.
J. R. Locke 4 ,020.12
Cynthia R. Singer 1,$60.12
John E. Smothers 400.00
Wm. B. Cox, Jr., Trustee 900.08
Erna S. Johns & Glover S. Johns, Jr. 341.58
Max Kluge 144.71
7,666.61
Total ($1.49 per foot) 15,333.18
-2-
5,993.27
2,773.10
596.33
1,341.85
509.22
215.73
$11,429.50
$22,859.00
4. City agrees, upon completion of the improvements
described in Paragraph 2, above, to close that segment of the existing
40 -foot right -of -way for Navigation Boulevard lying between the present
south right -of -way line for State Highway 44 and the east right -of -way
line of the curved segment of Navigation Boulevard as re- located, and
to convey title to the centerline of such closed segment to the abutting
landowners, if such conveyance be necessary to divert City of any
title City might have in the closed segment.
5. Each Property Owner does hereby grant to City a lien
upon his property abutting Navigation-Boulevard, for the purpose of
securing the payment to City of any sums owed by such Property Owner
to City under and by virtue of this agreement.
6. This agreement may be executed in counterparts, all of
which shall be considered one instrument. When all of the counterparts
have been executed by City, and at least one counterpart has been
executed by each of the Property Owners this agreement shall become
effective and shall be binding upon and shall inure to the benefit
of the parties hereto and their respective heirs, successors and
assigns.
WITNESS this 17th day of March,_1969.
A. M. Singer John E. smothers /
Cynthia R. Singer Hart Smith
m. B. Cox, Jr., Tru ee J. —R. ke
Erna. S. Johns Max Kluge
A BALDWIN FARMS ' INC.
ATTEST: '
G
By:
/'Secretary Pres d ,ent
GLOVER S. JOHNS, JR.
-3-
Sy
Attorney in Fact
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February 28, 1969 ..
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Er. FEN G.iT Y OF CORPUS CHRISTI . TEXAS
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EX H 113 I
Plat t6 accompany descriptions of
2.295 acre tract and 0.341 acre tract,
'To AGREEMENT GATED MARGht 17,
J. C., Russell Farm Blocks 12 and 13.
February 28, 1969 ..
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Er. FEN G.iT Y OF CORPUS CHRISTI . TEXAS
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CORPUS CHRISTI, TEXAS
(,// 2
DAY OF A t. , ig
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 COUNCILS i, THEREFOREp
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,
IA OR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
JACK R. BLACI(tAON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
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 MCDANIEL
W. J. "WRANGLER" ROBERTS