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HomeMy WebLinkAbout11367 ORD - 03/21/1973JRR /HG /rnc 3/7/73 isT .. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH Mil. BUFORD NICHOLSON TO TEMPORARILY FURNISH WATER AND SEWER LInJES TO A CERTAIN TRACT OF LAND LOCATED BETWEEN INTERSTATE 37 AND TURKEY CREEK, ADJACENT TO THE EXTENSION OF RAND MORGAN ROAD OUTSIDE THE CITY LIMITS UNDER CERTAIN TERMS AND CONDITIONS IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS MADE A PART HEREOF. k BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED S `1 AND DIRECTED TO ENTER INTO A CONTRACT WITH MR. BUFORD NICHOLSON TO TEMPORARILY FURNISH WATER AND SEWER LINES TO A CERTAIN TRACT OF LAND LOCATED BETWEEN INTERSTATE 37 AND TURKEY CREEKS ADJACENT TO THE EXTENSION OF RAND MORGAN ROAD OUTSIDE THE CITY LIMITS UNDER CERTAIN TERMS AND CONDITIONS IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS MADE A PART HEREOF. 11 367 r t . 11 367 r Jr,: /11(VrC 3/7/13 IST THE STATE OF TEXAS ) COUNTY OF NUECES ) THIS CONTRACT AND AGREEMENT MADE AND ENTERED INTO IN DUPLICATE ORIGINALS BY AND BETWEEN BUFORD NICHOLSON, HEREINAFTER CALLED "APPLICANT", AND THE CITY OF CORPUS CHRISTI, A HOME RULE CITY OF MORE THAN 200,000 POPULA- TION, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS SITUATED IN NUECES COUNTYj TEXAS HEREINAFTER CALLED "CITY ", FOR GOOD AND VALUABLE CONSIDERATION IN HAND RECEIVED BY THE PARTIES RESPECTIVELY AND UPON THE COVENANTS AND CONDITIONS HEREINAFTER STATED. W I T N E S S E T H THAT APPLICANT IS.THE AGENT AND ATTORNEY -IN -FACT OF THE OWNERS OF THE SURFACE ESTATE IN AND TO A TRACT OF LAND HEREIN- AFTER DESCRIBEDI WHICH ABUTS UPON A PUBLIC WAY KNOWN AS INTERSTATE HIGHWAY 37, A PORTION OF WHICH SAID TRACT IS ADJACENT TO AND ADJOINING THE CORPORATE LIMITS OF THE CIT`: OF CORPUS CHRISTI, LYING WHOLLY WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID CITY, GENERALLY DELINEATED ON THE MAP ATTACHED HERETO - AND MARKED "EXHIBIT A ", AND BEING MORE PARTICULARLY DESCRIBED BY'METES AND T BOUNDS AS SHOWN BY "EXHIBIT B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. THAT SAID TRACT OF LAND SHALL BE SUBJECT TO ALL STREET.AND DRAINAGE EASEMENTS AND RIGHTS -OF -WAY OWNED BY THE CITY OR ANY OTHER POLITICAL SUBDIVI- SION. THAT THERE ARE NO RESIDENT VOTERS OF ANY INCORPORATED CITY, TOWN OR VILLAGE IN THE ABOVE TERRITORY. THAT THE SAID APPLICANT SHALL COMPLY WITH THE TERMS OF THE CITY PLATTING ORDINANCE AND APPLICANT SHALL CONSTRUCT WATER SUPPLY AND SANITARY SEWER LINES IN ACCORDANCE WITH THE TERMS AND PROCEDURES THEREIN PROVIDED. THAT FOR AND III CONSIDERATION OF THE CITY TEMPORARILY MAKING AVAILABLE WATER AND.SANITARY SEWER SERVICES TO THE HEREIN DESCRIBED TRACT OF LAND, THC SAID APPLICANT AGREES TO THE FOLLOWING EXPRESS CONDITIONS: 1. THAT THE HEREIN DCSCNIBEO LAND SHALL BE ANNEXED INTO TIIE CITY UPON REQUEST BY THE CITY. • JaR /IIC /bIC 3/7/73 i ST 2. APPLICANT AGREES TO BEAR THE COST OF BRINGING WATER AND SEWER LINES INTO THE HEREIN DESCRIBED TRACT AND TO CONSTRUCT SAID LINES IN ACCORDANCE WITH THE APPLICABLE CITY STANDARDS, AND CITY AGREES TO PROVIDE TEMPORARY WATER AND SEWER SERVICE IN ACCORDANCE WITH THE TERMS HEREIN. 3. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT APPLICANT MAY BEGIN CONSTRUCTION OF A MOBILE HOME PARK UPON THE HEREIN DESCRIBED TRACT UPON THE PROVISION OF TEMPORARY WATER AND SEWER SERVICE] CONSTRUCTION TO BE IN ACCORDANCE WITH THE STANDARDS HEREIN AND ANNEXED TO THE CITY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. 4. APPLICANT AGREES THAT ANY AND ALL CONSTRUCTION INS ON OR ABOUT THE HEREIN DESCRIBED TRACT OF LAND SHALL BE IN ACCORDANCE WITH ALL CITY ORDINANCES INCLUDING BUT NOT LIMITED TO THE CITY OF CORPUS CHRISTI SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, 1971 REVISION, AS AMENDED, THE CITY OF CORPUS CHRISTI SOUTHERN STANDARD PLUMBING CODE, 1967 EDITION (ORD. No. 9624) 1971 REVISION, AS AMENDED THE CITY OF CORPUS CHRIS7.1 SOUTHERN STANDARD GAS CODE, 1965 EDITIONS AS REVISED AND AMENDED, THE NATIONAL ELECTRICAL CODE, 1971, AS AMENDED, THE CORPUS CHRISTI ELECTRICAL COD'. (ORD. N0. 10832), AS AMENDED, THE CITY FIRE PREVENTION CODE, 1965 EDITION AMERICAN INSURANCE ASSOCIATION), AS AMENDED, ALL LAWFULLY ADOPTED DEPARTMENTAL RULES AND REGULA- TIONS APPLICABLE THERETO, AND SUCH OTHER REGULATIONS AND REQUIREMENTS AS THE CITY COUNCIL MAY DEEM NECESSARY AND LAWFULLY ENFORCE RELATIVE THERETO, AND SUCH OWNERS SHALL CONSENT BY SAID CONTRACT TO INSPECTIONS OF ALL SUCH CCNSTRUC- TION BY DULY AUTHORIZED INSPECTORS OR REPRESENTATIVES OF CITY DEPARTMENTS CHARGED WITH ENFORCEMENT OF SAID CODES. 5. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT THE PROVISION OF WATER AND SEWER SERVICE IS OF A TEMPORARY NATURE AND CONTINUED PERMANENT SERVICE IS CONTINGENT UPON ALL THE CONDITIONS HEREIN BEING COMPLIED WITH AND UPON THE HEREIN DESCRIBED TRACT BEING FINALLY ANNEXED TO THE CITY PRIOR TO THE CITY FURNISHING PERMANENT WATER AND SEWER SERVICE. FAILURE TO COMPLY WITH ANY OF THE PROVISIONS HEREIN SHALL RESULT IN TERMINATION OF SAID SERVICE. 6. THAT SUBSEQUENT TO THE ACCOMPLISHED ANNEXATION TO THE HEREIN DESCRIBED TRACT OF LANDS AND UPON REQUEST BY THE CITY COUNCIL OF THE CITY OF CORPUS CFIRISTI, APPLICANT SHALL SUBMIT AN APPLICATION TO THE CITY PLANNING -2- • JR „ /IIG /o-tC 3103 1sT • COMMISSION REQUESTING "T -1. MOBILE HOME PARK11 ZONING FOR THE SUBJECT TRACT. 7. NO CHANGES IN THE USE OR OCCUPANCY OF SAID LAND SHALL BE MADE WITHOUT COMPLIANCE WITH ALL APPLICABLE ORDINANCES AND REGULATIONS OF THE CITY, SUBJECT TO CITY INSPECTION AND APPROVAL. - H. THAT THE WATER SUPPLY LINE AND SANITARY SEWER LINE REQUIREMENT OF THE CITY PLATTING ORDINANCE AND ALL OTHER REQUIREMENTS THEREOF SHALL BE COMPLETED AND SAID FINAL PLAT SHALL BE FILED FOR RECORD PRIOR TO ANNEXATION. 9. NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, IN THE EVENT THE ANNEXATION CONTEMPLATED HEREIN IS NOT FINALLY COMPLETED TIMELY UPON REQUEST BY THE CISY, THE TEMPORARY WATER AND SEWER SERVICE FOR CONSTRUCTION PURPOSES ONLY PROVIDED HEREUNDER SHALL BE TERMINATED. 10. THAT ALL OF THE ABOVE CONDITIONS SHALL BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF THE SAID APPLICANT AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND. WITNESS OUR HANDS, THIS DAY of MARCH, 1973• ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY CITY MANAGER APPROVED LEGAL FORM: TY ATTORNEY BUFORD NICHOLSON , AGENT AND ATTORNEY -IN -FACT FOR WILLIAM GUFORD NICHOLSON, TRUSTEE OF THE SALLY LYNN MILLER TRUST, AND SALLY LYNN MILLER, TRUSTEE OF THE WILLIAM BUFORD NICHOLSON TRUST. -3- THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO NE TO BE THE PERSON AND OFFICER 4 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 EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF > 1973• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS. THE STATE OF TEXAS ) ) COUNTY OF NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON TH'S DAY PERSONALLY APPEARED BUFORD NICHOLSON, KNOVN 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 CJNSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1973• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS. EXHIBIT A STATE OF TEXAS COUNTY OF NUECES FIELDNOTES FOR A 29.29 ACRE TRACT OF LAND, MORE OR LESS, BEING A PORTION OF THE P. HINOJOSA SURVEY NO. 422, STATE ABSTRACT NO. 850 AND BEING A PORTION OF THE MRS. M.S.T. KENEDY LAND IN NUECES COUNTY, TEXAS AND BEING N40RE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TI ;� POINT OF INTERSECTION-OF THE NORTHEASTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37 WITH THE EAST LINE OF SAID SURVEY NO. 422; THENCE WITH THE SAID EAST LINE NORTH O" 091 4811 WEST, 409.00 FEET TO THE SOUTHEAST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE SOUTH 680 231 27" WEST, 182.58 FEET NORTH 20° 461 22" WEST, 168.36 FEET; SOUTH 41' 19' 01" WEST, 255.89 FEET; TO A POINT ON THE SAID NORTH- EASTERLY RIGHT -OF -WAY LINE; THENCE WITH THE SAID NORTHEASTERLY RIGHT -OF -WAY LINE NORTH 48' 431 47" WEST, 65.00 FEET; NORTH 55` 031 16" WEST, 92.5 FEET TO A POINT ON A CIRCULAR CURVE WHICH IS CONCAVE TO THE WEST AND HAVING A CENTRAL ANGLE OF 23' 171 00 ", A RADIUS OF 65,16 FEET AND AN ARC LENGTH OF 26,48 FEET; - - THENCE WITH THE ARC OF SAID CURVE FOR A DISTANCE OF 26.48 FEET TO THE POINT OF TANGENCY; THENCE NORTH 11" 391 4411 EAST, 112.01 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE WHICH IS CONCAVE TO THE EAST AND HAVING A CENTRAL ANGLE OF 180 221 06 ", A RADIUS OF 136.20 FEET AND AN ARC LENGTH OF 43.66 FEET; THENCE NORTH 30° 011 49" EAST, 55.00 FEET; NORTH 59° 581 10" WEST, 282.51 FEET TO A POINT ON A CIRCULAR CURVE WHICH IS CONCAVE TO THE EAST AND HAVING A CENTRAL ANGLE OF 9' 241 5211, A RADIUS OF 87.5 FEET AND AN ARC LENGTH OF 14.38 FEET; THENCE WITH THE ARC OF SAID CURVE FOR A DISTANCE OF 14.38 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29' 531 4611 WEST, 230.00 FEET TO A POINT ON THE SAID NORTH- EASTERLY RIGHT -OF -WAY LINE; THENCE WITH THE SAID NORTHEASTERLY RIGHT -OF -WAY LINE NORTH 65' 55' 05" WEST, 14.08 FEET; NORTH 61" 461 491' WEST, 11.00 FEET TO THE SOUTHWEST CORNER OF THIS TRACT; • THENCE NORTH 290 531 4611 EAST, 267.26 FEET; NORTH 00 91 4811 WEST, 726.00 FEET; NORTH 19' 321 5911 WEST, 370.35 FEET; NORTH O° 01 3611 EAST, 198.48 FEET TO THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 88° 541 3911 EAST, 59.23 FEET; NORTH 71° 171 531' EAST, 665.77 FEET; NORTH 380 351 3911 EAST, 214.89 FEET TO THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 0° 9' 48" EAST, 2044.80 FEET TO THE POINT OF BEGINNING. • • PMVER OFATTORNEY THE -.,.)TATE OF TEXAS * COW-1TY OF -,'UECLS * VHEREAS, the Vj']LLIA-N"j BUFORD NICHOLSON Ti' UST and the SALLY LYNN ULLE. R T,-Zt,'!>T cac% o.vn an undivided one-half interest in and to the sur( ce estate Call niincrals having been previously reserved by others) of the property dEscdbed in Exhibit A attached hereto arr! made a Fart hereof, said prk;xrty having been obtained by decd eaud 11bruny 26, 1972 ad recorded in W.!,!.,x page 610, and t: Ninholscn is 6Q Tr;;ztcc )',` ths- StIly T rust a.; z I I y L.; n a r, i 11 z r is t; -, s T r uste c of the 0 H Am 3 dwd M a A s an Trust a nd , is. the fath":v Of W ZEN= WK vKhAur, W ENY Lyo UUNW, FA W; rEq_ost, is M do pn=ss J .wvduAuq a m0f how Puk Q go 1 tMus ZA Q CQ; tu do. so, it is ucess'ay." C-;'-.c ido a cwhak wKh Vic CK; K amgw of 102 city of •cxas, as scl fLet:. iit the Cvy A Us !Q :! 51'.� an_: t;.': C':; 1Z:;' at"ur;:I2d al; I WN 2 ad 1, ruspoW ml R I wr Asks It U A sa ca or 16:1, .6alij, 1.;;-. Wer T _!rt, W nALLY 012 LILLE ., imshc of ne HWAINj ,dzwn :s, Q aj3j­,!t.t N'!C: 133L.]I'; , of Tc.,_w, wl W! and 1=10 allont I hr ro in vz I FTCS, PhSCS, SUN, W RATIO CZURKS, t; no: his n; wout Inswc Lion ES Mot C an w, b0z'.a cIr! 'S n;:.f !r 1! _-IiJ .;C MAW 3 At 71vor A 1 M b" it! "'..HUOT iW.! Nn.ny! ..�L_ CLI'k J czm;, Lanz, Lai 4101 UK .:r of nu.wy spaq wAL"a"21 A Cur ONNIQ. Lank 1W.- 71, L " Y L L L L. "T i E 7" 7, —L,,,: J. —"') -11 F-, f "') 1. S Ur1 '- —1 -Fu —: 't-' T _— THE STATL OF TE YAIS ELF - ORE ME, the un.. ersigned authority, appeared SALLY LYNIN WILLER , Trust-ve, to ine to Ec tf,,.c ;5.ciscii naive is sulkscrN.'L.J to Cic fcrccGh;q ir'ist,,Lj- ment, and to that 5L(. execut,--" thE' sa!-,,e foi, t',.e purposes and consicicr- '(r capacity. C!"14' N ;oy S-.21 (.1 Office this of 1,1 a r �'i 9 7 T,"I E J T A L j; 1 Tn st£c ;E LJ ?-C Utz P S-Yi iS SU, sci iL:6 Vl:� nF %'ai-ch 1 7-- f THAT THE FOREGOING ORDINANCE READ F R THE FIRST TIME: AND PASSED TO ITS SECOND READ I14G ON 71115 THE DAY OF �_� �9 BY THE FOLLOWING VOTE: RONN I E SI ZEFIORC CHARLES A. BONNIWELL ROUEFiTO BOSQUE'!., M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES v , GABE LOZANO, SR.� J. HOWARD STARK Q ypi THAT THE FOREGOING ORDINANCE'WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE /DAY OF Vim,•, , 19_, BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL RcBERTo BosouEz, M.D. REV. HAROLD T. BRANCH TH0I4AS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS EAD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE4� DAY OF� "19Z, BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, LOZANO, SR.. C J. HOWARD STARK � - • PASSED AND APPROVED, THIS THE DAY OFF ATTEST: O � J ` CITYARr t AYOR THE CITY F C P CHRISTI, TEXAS APPROVED: 7 tA_DAY OF 192—'2z—: Ajzu-4 CjI�Y ;., JRR /MC 3/21/73 13T MOTION AMEND THE ORDINANCE ENTITLED "AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MR. BUFORD NICHOLSON TO TEMPORARILY FURNISH WATER AND SEVIER LINES TO A CERTAIN TRACT OF LAND LOCATED BETWEEN INTERSTATE 37 AND TURKEY CREEK, ADJACENT TO THE EXTENSION OF RAND MORGAN ROAD OUTSIDE THE CITY LIMITS UNDER CERTAIN TERMS AND CONDITIONS IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS MADE A PART HEREOF" READ ON Two OF THREE READINGS, ON MARCH 7, 1973 AND MARCH lh, 1973, RESPECTIVELY, BEFORE ITS THIRD AND FINAL READING BY AMENDING THE CONTRACT AND AGREEMENT AUTHORIZED THEREBY ZO AS TO INDICATE THAT BUFORD NICHOLSON IS AGENT AND ATTORNEY -IN -FACT R ING OF THE OWNERS OF THE SURFACE ESTATE IN AND TO THE SAID TRACT OF LAND DES[ TEMPORARY WATER AND SEWER LINES.