HomeMy WebLinkAbout11225 ORD - 12/27/197212R:vmp i
12/26/72:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH PARKDALE STATE BANK WHEREBY SAID PARKDALE STATE
BANK AGREES TO PAY $13,751.90 AS ITS SHARE OF THE
COST TO CONSTRUCT A RIGHT TURN LANE AT SOUTH STAPLES
AND EVERHART ROAD, ALL AS IS DESCRIBED IN THE AGREE-
MENT ATTACHED HERETO, MARKED EXHIBIT "A ", 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
to execute an agreement with Parkdale State Bank whereby said Parkdale State
Bank agrees to pay $13,751.90 as its share of the cost to construct a right
turn lane at South Staples and Everhart Road, all as is described in the
agreement attached hereto, marked Exhibit "A ", and made a part hereof.
SECTION 2. The necessity to immediately authorize the City Manager
to enter into an agreement with Parkdale State Bank whereby said Parkdale
State Bank agrees to pay $13,751.90 as its share of the cost to construct a
right turn lane at South Staples and Everhart Road 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-,Z-7--UL day of December,
1972.
ATTEST:
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1
City Secret MAYOV10 6M
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
2- / 4 DAY OF DECEMBER, 1972:
City At orney
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12/26/72:1st
THE STATE OF TEXAS X
COUNTY OF NUECES X
This agreement is authorized by Ordinance No. and is
entered into between the City of Corpus Christi, Texas, a municipal corpora-
tion and body politic operating under the home rule statute of the State of
Texas, hereinafter called "City" and Parkdale State Bank, hereinafter
referred to as "Owner ", and pertains to the closing of Parkdale Drive and
the joint sharing of improvements, right -of -way dedications and street closing
necessary for the construction of a right turn lane from Everhart to Staples
abutting the Owner's property:
W I T N E S S E T H
'WHEREAS, City wishes to construct a right turn lane from Everh+Lrt
to South Staples Street in accordance with the drawings prepared by the City
and labelled ! TR 518; and
WHEREAS, City has legally advertised and received bids on this pro-
jecti and
WHEREAS, the construction of the improvements will be through
property now owned by Ownerl and
WHEREAS, a portion of Parkdale Drive will no longer be needed except
as an easement for utilities:
NOW, THEREFORE, City and Owner agree as follows:
1. City will award a contract for the improvements as proposed by
the plans and specifications approved by City and designated by Drawing No.
STR 516, and proceed with the completion of said improvements.
2. City will close that portion of Parkdale Drive between Everhart
and Staples not needed for the proposed improvements and deed that portion
of the street right -of -way which is to be closed to the abutting owners, with
the exception that City will retain an easement over the portion of Parkdale
Drive to be closed for the operation and maintenance of utilities. The por-
tion of the street to be closed and retained as an easement is described as
follows:
/.G 17
U
TRACT 2
Being a tract of land out of what is now Parkdale Drive
between Everhart Road and South Staples Street, and being
a portion of that 40 foot street dedication originally
dedicated between Lots 16 and 17, Section 2, Flour Bluff
and Encinal Farm and Garden Tracts as shown by map of
record in Volume A, Pages 41, 42 and 43, Map Records, Nueces
County, Texas, said Parkdale Drive shown in map of record
in Volume 29, Page 62, Map Records, Nueces County, Texas,
said tract of land being more particularly described by
metes and bounds as follows:
Beginning at a point, the northeast corner of Lot 1, Bank
Park Plaza as shown by map of record in Volume 29, Page 62,
Map Records, Nueces County, Texas, for the most easterly and
beginning corner of the tract herein described;
Thence N. 60° 53' 30" W., with the northeast boundary line
of said Lot 1, and with the southwest right -of -way line of
said Parkdale Drive, a distance of 174.53 feet to a point,
the P. C. of a curve for a corner of the tract herein
described;
Thence in a westerly direction wi:h the arc of a curve to
the left whose central angle is i4" 28' 40 ", and whose
radius is 10.0 feet, an arc distance of 2.52 feet to a point,
said point being in the arc of the curve as shown on said
Lot 1, for the most westerly co.:ner of the tract herein
described;
Thence N. 29° 07' 15" E., with a line that is 47.50 feet
southeast of and parallel to the centerline of Everhart
Road, at 20.0 feet past the original centerline of said
Parkdale Drive, in all a distance of 26.45 feet to a point,
the P. C. of a curve for a corner of the tract herein
described;
Thence in a northeasterly direction with the arc of a curve
to the right, whose central angle is 18° 18' 20 ", and whose
radius is 44.0 feet, an arc distance of 14.06 feet to a
point, in the northeast right -of -way line of said Parkdale
Drive for the most northerly corner of the tract herein
described;
Thence S. 60° 53' 30" E., with the northeast right -of -way
line of said Parkdale Drive, a distance of 105.69 feet to a
point for the northeast corner of the tract herein described;
Thence S. 30° 49' 30" E., with the northwesterly extension
of the southwest right -of -way line of 100 foot wide South
Staples Street, across said Parkdale Drive, a distance of
79.84 feet to the point of beginning.
Containing 5,695.2 square feet of land more or less.
3. Owner agrees to dedicate to City for use as public
right -of -way the following tracts which are needed for street purposes as
well as the operation and maintenance of utilities.
-2-
TRACT 1
Being an irregularly shaped tract of land out of that
certain triangular tract lying between South Staples
Street, Everhart Road, and Parkdale Drive, and being
out of Lot 16, Section 2, Flour Bluff and Encinal Farm
and Garden Tracts, as shown by' map of record in Volume
A, Pages 41, 42 and 43, Map Records, Nueces County,
Texas, said irregularly shaped tract of land being more
particularly described by metes and bounds as follows:
Beginning at the point of intersection of the southeast
right -of -way line of said 80.0 foot wide Everhart Road
and the northeast right -of -way line of said 40 foot wide
Parkdale Drive and being the most westerly corner of
said triangular tract of land, for the most westerly and
beginning corner of the tract herein described;
Thence N. 291 07' 15" E., with the northwest boundary line
of said triangular tract, and the southeast right -of -way
line of said Everhart Road, a distance of 84.14 feet to a
point, the most northerly corner of said triangular tract,
said point being 35.0 feet measured at right angles from
the centerline of said South Staples Street, for the most
northerly corner of the tract herein described;
Thence S. 30° 49' 30" E., with t7.e northeast boundary line
of said triangular tract, and with the southwest right -of-
way line of South Staples Streec, said line being 35.0
feet southwest of and parallel i-o the centerline of said
South Staples Street, a distant.: of 167.94 feet to a point,
the most easterly corner of sai.4 triangular tract, for the
most easterly corner of the ;.race herein described;
Thence N. 60° 53' 30" W., with the southwest boundary line
of said triangular tract, a distance of 29.94 feet to a
point for the southwest corner of the tract herein described;
Thence N. 30° 49' 30" W., with a line that is 15.0 feet
southwest of and parallel to the northeast boundary line
of said triangular tract of land, a distance of 48.40 feet
to a point, the P. C. of a curve and for a corner of the
tract herein described;
Thence in a northwesterly and westerly direction with the
arc of a curve to the left whose central angle is 101°
44' 55 ", and whose radius is 44.0 feet, an arc distance of
78.14 feet to a point for a corner of the tract herein
described;
Thence N. 60° 53' 30" W., with the Southwest boundary line
of said triangular tract, a distance of 9.73 feet to the
point of beginning.
Containing 4,064.12 square feet of land more or less.
TRACT 3
Being a tract out of Lot 1, Bank Park Plaza, as shown by
map of record in Volume 29, Page 62, Map Records, Nueces
County, Texas, said tract of land being more particularly
described by metes and bounds as follows:
Beginning at a point in the southeast right -of -way line of
80 foot wide Everhart Road, said point being the P. C. of
-3-
a curve at the intersection of Everhart Road and
Parkdale Drive for the point of beginning of the
tract herein described;
Thence in an easterly direction with the arc of a
curve to the right whose central angle is 75° 30'
35" and whose radius is 10.0 feet, a distance of
13.18 feet to a point on the arc of the curve shown
on said Lot 1, for the most northerly corner of the
tract herein described;
Thence S. 29° 07' 15" W., with a line that is 7.50
feet southeast of and parallel to the northwest
boundary line of said Lot 1, a distance of 29.25
feet to a point, the P. C. of a curve, for a corner
of the tract herein described;
Thence in a southwesterly direction with the arc of a
curve to the right whose central angle is 18° 39' 50"
and whose radius is 142.62 feet, an arc distance of
46.46 feet to a point in the southeast right -of -way
line of Everhart Road for a corner of the tract herein
described;
Thence N. 291 07' 15" E., with the southeast right -of-
way line of said Everhart Road, and the northwest
bc,.ndary line of said Lot 1, Bank Park Plaza, a distance
of 65.18 feet to the point of beginning;
Containing 428.9 square feet of '.and more or less.
4 Owner will pay City $13,751.50 prior to the award of the
contract, of which amount $12,912.58 is for construction and $839.32 is for
engineering. The above cost is figured as follows:
Total Contract Cost $27,625.15
Less Gas Tank Removal
(Owner responsibility) - 3,600.00
Less City Widening Costs
beyond right turn lane
(City cost) - 5,400.00
Right Turn Lane Cost $18,625.15
Owner's Cost - One half $ 9,312.58
Total Owner's Cost = $9,312.58 + $ 3,600.00
=$12,912.58 + $839.32 (Engineering) _ $13,751.90
5. This agreement shall be executed in duplicate, each of which
shall be considered an original, and which shall become effective and be
binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors and assigns.
-4-
•
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVINIDWNSEND , CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME To BE
THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED 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,PRESSE:� AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 19
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared , President of Parkdale State
Bank, known to me to be the person and'officer whose name is subscribed to
the foregoing instrument and acknowledged to me that the same was the act
of the said Parkdale State Bank, a corporation, and that he executed the
same as the act of such corporation for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
December, 1972.
Notary Public in and for Nueces County,
Texas
1
CORPUS CHRISTI TEXAS
_�_'7--t3P3 DA Y OF .4 , 19_2L�.
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 DF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDS 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,
n
MAYOR Pro -_Tem
THE CITY OF CORPUS CHRISTI. TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE /.�.
- CHARLES A. BONNIWE LL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD,T. BRANCH
THOMAS V. GONZALES I-+
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES:
RONNIE SIZEMORE
CHARLES A. BONNIWELL .: .
ROBERTO BosauEz, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES '
GABE LOzANOo SR.
J. HOWARD STARK