HomeMy WebLinkAbout11145 ORD - 11/01/1972TEXAS :
AN ORDINANCE
AUTHORIZING THE CITY MANAGP, TO EXECUTE AN AGREEI•IENP
FOR TII}, PURCIIA.SE OF A FLIGHT CLEARANCE EASEMENT BY
TDE UNITED STATES GOVERN, %ENT FROM THE CITY OF CORPUS
CHRISTI, CORPUS CHRISTI, TEXAS, OVER A PORTION OF THE
LAND ADJACENT TO THE NAVAL AUXILIARY LANDING FIELD
CABANISS, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS,
RECENTLY PURCHASED FOR A LANDFILL SITE, AND ACCEPTING
THE COVERNPEUVS OFFER OF $2,000 IN CONSIDERATION FOR
THE GLIDE ANGLE EASEMENT, ALL AS MORE FULLY SET FORTH
IN THE PURCHASE AGREEMENT FOR FLIGHT CLEARANCE EASEMENT,
A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ",
AND MADE A PART HEREOF: AND DECW ING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with The United States Government concerning the
purchase of a flight clearance easement.over a portion of the land adjacent
to the Naval Auxiliary Landing Field Cabaniss, Naval Air Station, all as
more fully set forth in said agreement, a copy of which is attached hereto,
marked Exhibit "A ", and made a part hereof.
SECTION 2. The necessity to immediately authorize the City Man.ager
to execute the aforesaid agreement for the purchase of a flight clearance
easement, creates a public emergency and 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 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 November, 1972. 11
ATTEST: /
a ca
G
City Secretar y MAYOR
0 THE CITY OF CO CHRISTI, TEXAS
APPROVED:
/�AY OF NOVEMBER, 1972:
City .Attorney
X45
Contract No.
NF (R) -
PURCHASE AGREEMENT FOR FLIGHT CLEARANCE EASEMENT
for the
NAVAL AUXILIARY LANDING FIELD CABANISS
NAVAL AIR STATION, CORPUS CHRISTI, TEX.
AGREEMENT FOR PURCHASE OF FLIGHT CLEARANCE EASEMENT by and
between CITY OF CORPUS CHRISTI, TEXAS
(hereinafter called the "Vendor ") and the UNITED STATES OF AMERICA
(hereinafter called the "Government ").
THE VENDOR AGREES TO SELL, AND THE GOVERNMENT AGREES TO
PURCHASE, for the consideration of two thousand and no /100 - --
----------------------------- - - - - -- dollars ($2,000,00 ), the
hereinafter described flight clearance easement in the land described
below, subject to the terms, conditions and general provisions herein-
after set forth and to the additional provisions, if any, incorporated
herein by attachment or reference as set forth in paragraph "j" of the
General Provisions.
1. LOCATION AND DESCRIPTION OF PROPERTY:
PARCEL CE -7 - See Exhibit "A" attached hereto and made a
part hereof.
2. DESCRIPTION OF EASEMENT: An easement including: the perpr_tual
right, to clear and lccep clear snid 'land of any man -made or natural
obstruction extending above the glide angle plane as described in
Item 3 and including the right to cut to ground level or any
intermediate height below the glide angle plane, trees, or any
natural growth extending above the glide angle plane, or which
could in the future extend into the glide angle plane; the right
to remove, or alter, in whole or in part, land, trees, existing
buildings or other structures, as necessary to eliminate any
obstruction above the glide angle plane; the right to prohibit the
future erection of buildings or other structures extending above
the glide angle plane; the right of ingress to and egress from and
passage on and over said land for the purpose of exercising said
easement rights. Reserving, however, to the Vendors, their heirs,
executors, administrators, successors, and assigns, all right, title,
interest, and privilege as may be exercised and enjoyed without
interfering with or abridgment of the rights acquired by the
Government.
3. DESCRIPTION OF GLIDE ANGLE PLANE:
See Exhibit "A" attached hereto and made a part hereof.
4. The right, title and interest to all trees and other growth,
structures and obstructions, or portions thereof, removed under the
terms of the easement- shall: remain in the Vendor / / vest in
the Government / x /.
5. The easement- includes / / does not include / x /, the
right to install and maintain Obstruction and Navigational Aid Lights.
If such right is included, the Obstruction and Navigational Aid Lights
shall- be installed at the following locations:
6. The Vendor agrees that the rights relating to the easement covered
by this purchase agreement, may be exercised by the Government,
ten days from: (a) the date of delivery by the Government to
the Vendor of an executed copy of this agreement, or (b) the date of
notification by the Government to the Vendor, by mail or telegraph, of
the execution of this agreement by the Government, whichever occurs
earlier. The following named person is hereby designated by the Vendor
to receive on his behalf the executed copy of the Agreement or Notice
of Execution thereof at the following address:
City of Corpus Christi, Texas
City Hall
302 S. Shoreline Boulevard
Corpus Christi, Texas 78401
7. EXECUTION BY VENDOR
In Presence of:
CITY OF CORPUS CHRISTI, TEXAS
. "7)ntc
By:
Title:
IF \^ENDOB IS A CCRPORATION, CERTIFICATION BY SECRETARY OR
ASSISTAlt_ SECRETARY:
I certify that the person who signed this agreement on behalf
of the Vendor was then the Officer indicated and this agreement
was duly signed for and in behalf of said Corporation by authority of
its governing body and is within the scope of its corporate powers.
Name and Title
Signature Date
Fi. EXLC'JTYON FOR A11D ON BEHA:F OF THE GOVERNMENT:
UNITED STATES OF AMERICA
BY:
Contracting Officer
Date Witness
9. NAT.' ACCOU_ -LlNG DATA
a. Rame and Address of Naval Activity
b. Local Government Representative
Naval Auxiliary Landing Field Cabanis
Naval Air Station, Corpus Christi, Tex.
c. Apprcoriat'_on Data
- -- __ ._,__ „d ....... ...v. ....fry a.r`.-- ---c IUxl'ur, fires[ Lakes, L1L.
3
10. GENERAL PROVISIONS
a. PAYMENT AND COW.TYANCE; The purchase price shall be paid when the
Government has had a reasonable time to secure and examine the title
evidence for said property and to obtain the necessary approval of title;
provided that the Vendor executes and delivers to the Government a good and
sufficient easement deed conveying to. the Government and its assigns the
easement set forth aforesaid with priority over any outstanding liens
and encumbrances. Conveyances by states, municipal corporations, fiduciaries,
and persans acting solely in a representative capacity need not contain
general warranty covenants if otherwise acceptable and satisfactory
to the Government.
b. PREPARATION OF DEED. The Government agrees to provide the title
evidence and the deed to the Government; provided, however that the
Vendor will deliver to the representatives of the Government any
abstracts, certificates of title or muniments of title available
to the Vendor or in his possession. The Government agrees to pay
the fee for recordation of the deed to the Government. The Vendor
agrees to pay the documentary revenue stamp tax and obtain and record
such other title documents as may be required by the Government.
c. TAX LIENS. The Vendor agrees that all taxes which are a lien against
the property at the time of conveyance to the Government shall be
satisfied by the Vendor prior to or at the time of transfer of the
easement deed and if the Vendor'fails to do so, the Government
may pay any taxes wbAch are a lien against the property, and deduct
such payments from the purchase price.
d. CONDEMNATION. The Vendor agrees that the Government may, at its
election, acquire sa'A easement, by condemnation or other judicial
proceedings, in which event the Vendor agrees to cooperate with the
Government in the prosecution of such proceedings. The Vendor
also agrees that the consideration hereinabove stated shall be the
full amount of the award of just compensation inclusive of interest
for the acquiring of said easement, and that any and all awards of
just compensation that may be made in the proceeding to any defendant
therefor, shall be payable and deductible from said amount.
e. DESCRIPTION. The above description of the real estate is subject
to such modifications as may be necessary to conform to the survey (if
any) made by the agents of the Government.
f. GRATUITIES. (1) The Government may, by written notice to the
Vendor,terminate the right of the Vendor to proceed under this agreement
if it is found, after notice and hearing, by the Secretary of the Navy
or his duly authorized representative, that gratuities (in the
form of entertainment, gifts, or otherwise) were offered or given by
the Vendor, or any agent or representative of the Vendor, to any officer
or employee of the Government with a view toward securing this agreement
-2 =:uri1.9 fav:!_a..Ie• treatment with respect to theewarding or amending
?r the irokir.g of ant, determinations with respect to'performing of
=_;ch agreeme to Frovlded, Maat'the existence of the facts upon
,.+h "_ch -'he Secretary .:p hie duly authorized representative makes
- -h ftnd_ng. ,_hall ;e in issue and may be reviewed in any competent
C, xjxt.
(2) In r.he eOre;nt this agreement is terminated as provided in
pas a,pxaTb . .hereof, the Covernment shall be entitled (i) to pursue
the samee remedies agsinst the Vendor as it could pursue-in the event
a txeach _f the contract by the Vendor, and (ii) as a penalty in
addition tc, 8%-y ct.her dez -ages to which it may be entitled by law,
exeng..lery xamagc , in an em unt (as determined by the Secretary
cr L> riDlY a °i ±,hnr.ized representative) which shall be not less
tin; three nor m_,re than tea times the costs incurred by the Vendor
in pr;;viding ary such gratuities to any such officer or employee.
(3) The, rights and remedies of the Government provided in this'
_.lauee jhaL' n;,t be exclusive and are in addition to any other
ri -ahtN and remedies provided by law or under this agreement.
g. COVENANT AA,,AINW, CONTINGENT FEES. The Vendor warrants that no
ierzor, or selling agency has been employed or retained to solicit or
e-.:re 'his agreement upon am agreement or understanding for a commission,
percentage, brokerage, or contin.ge.nt fee, excepting bona fide
eMLFleyees or bona fide established commercial or selling agencies
mh:n:'•aite:d by the VerAor for the purpose of securing business. For
treacn cr,ai ':.ation of this warranty the Government shall have the
x`! -ght to 9=!,l this agreement withoat liability or in its discretion
dsd-act: from the pirchase price the full amount of such commission,
pe.rcenrage, brokerage, or contingent fee.. The Government agrees that
thi!C c.venant shall not apply to licensed real estate agents performing
their normal Amc: ions.
h. OFEICTAT NOT T'o r1 Vi EFL. No Moiler of or Delegate to Congress,
or resident Commissioner, shaii be admitted to any share or part
rf this agreement or to any benefits that may arise therefrom; but this
Provision shall not be construed to extend to this agreement if
made with a cerPOration for its general benefit.
i. i+EPFESEMATIOW. All terms and conditions of this agreement are
expre:ael•y contained here _r and the.Vendor agrees that no representative
or age-,t of the Gbvernment.has made any representation or promise with
respect t.3 this agreement not eXpressly contained herein.
ADDI;:IOXAL PRO6i °Iodise ,additional provisions incorporated by
sttacbment or refere=e and formipg a part of this agreement.
CORPUS CHRISTI, TEXAS
DAY OF �%�- mywm.Q�a -r' , 19-2;?,
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.
RE CTFUL Y,
0
YOR
THE CITY OF CORP ISTI,. TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE 512EMORE
CHARLES A. BON NIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
. BONNIE S12EMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS Y. GON2ALES
GAGE LO2ANO, SR.
J. HOWARD STARK
FLIGHT CLEARANCE EASF2.TENT
PARCEL CE -7
Being 11.23 acres, more or less, out of Tract No. 3, Section
No. 14, Bohemian Colony Lands, Nueces County, Texas, according to a map
thereof in Vol. A, Page 48 of the map records of said county, more parti-
cularly described as follotrs:
BEGINNING at a point in the northwesterly right -of -way of State
Highway 286, which point lies 50.00 feet N 610 31' W and 2640.00 feet
S 290 00' W from the common corner of Section 7, 8, 13, and 14 of the
aforesaid Bohemian Colony Lands and is the intersection of the boundary
between Tracts 2 and 3, Section 14, with the northwesterly right -of -way
of State Highway 286;
THENCE S 290 00' N 694,06 feet with the northwesterly right -
of -way of State Highway 286 to a point;
THENCE N 420 08' 15" W 1021.39 feet to a point;
THENCE N 450 00' E 370.41 feet to a point in the boundary be-
tween Tracts 2 and 3. Section 14 of the aforesaid Bohemian Colony Lands;
THENCE S 610 31' E 864.47 feet with the boundary between Tracts
2 and 3. Section 14 of the aforesaid Bohemian Colony Lands to the point
of beginning.
The 1cL.,ect Clevatioit is ac the intersection of glide plane
trapezoid with the northwest right -of -way of State HigIway 286 (Chapman
Ranch Road) being 20 feet above existing ground level sloping upward Lo
44 feet above existing ground level.
DESCRIPTION OF GLIDE ANGLE PLANE
A trapezoidal sloping plane beginning at a true level line, said line
having an elevation of 30.0 feet above mean sea level and being located
at a point on the threshold of Runway 13 from which said line extends
750.0 feet northeasterly and 750.0'southwesterly at 90 degrees to the
center line of Runway 13 as now located at the Naval Auxiliary Landing
Field Cabaniss, Naval Air Station, Corpus Christi, Texas; thence from
the above- described line along a plane sloping upward at a ratio of
one foot vertically to each 40.0 feet measured horizontally; the easterly
and westerly boundaries of said trapezoidal plane diverging outwardly at
angles of 07 degrees 07 minutes 30 seconds from the lines which are
parallel.to and 750.0 feet easterly and westerly from the center line
of Runway 13; from said diverging lines a transition zone extends out-
ward and upward at a 7:1 ratio until a height of 44.0 feet above ground
elevation is attained. The minimum and maximum elevations of the inter-
section of glide angle plane are as shown in the parcel description
above.
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