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HomeMy WebLinkAbout13425 ORD - 09/29/1976JKH:vp:9 /28/76;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1, 3, 4, 5, 6, 7 -A, 7 -B IN CONNECTION WITH THE KOSTORYZ ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD STREET IM- PROVEMENT PROJECT NO. 220 -72 -5; APPROPRIATING OUT OF THE 220 STREET BOND FUND $33,000 OF WHICH $27,705 IS FOR ACQUISITION AND $5,295 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute documents necessary for the acquisition of Parcels 1, 3, 4, 5, 6, 7 -A and 7 -B in connection with the Kostoryz Road, Padre Island Drive to Holly Road Street Improvement Project, No. 220 -72 -5, said owners and parcels being more fully identified as follows: Parcel 1, owned by Nicholson Building Supply Co., described as follows: Being an irregularly shaped tract of land out of Lot 7, Section 2, Bohemian Colony Lands as shown by map of record in Volume A. Page 48, Map Records, Nueces County, Texas, and being more particularly des- cribed by metes and bounds as follows: Beginning at a point that bears S. 61 30' E., 30.0 feet and N. 29° 00' E., 30.0 feet from the southwest corner of abovementioned Lot 7, said point being the intersection of the east right -of -way line of Kostoryz Road and the north right -of -way line of Sacky Drive, for the beginning corner of the tract of land herein described; Thence N. 290 00' E., along the east right -of -way line of said Kostoryz Road, a distance of 430.0 feet to a point; Thence S. 610 30' E., a distance of 10.0 feet to a point, said point being the southwest corner of a tract of land conveyed to Behrend Machinery Company by deed recorded in Volume 1440, Page 88, Deed Records, Nueces County, Texas; Thence S. 290 00' W., along a line that is 10.0 feet east of and parallel to the east right -of -way line of said Kostoryz Road, a distance of 419.09 feet to a point for the P.C.of a curve; 4 MICROFILMED JL3425 JUN -3 01980 Thence to the left along the arc of a circular curve whose central angle is 900 30', with a radius of 10.0 feet, tangent of 10.09 feet, a distance of 15.79 feet to a point on the north right -of -way line of said Sacky Drive; Thence N. 61 0 30' W., along the north right -of -way line of said Sacl�y Drive, a distance of 20.09 feet to the place of beginning and containing 4,321.46 square feet, more or less. Parcel 3, owned by American Sokol Union, described as follows: Being a rectangular shaped tract of land out of Lot 5, Section 2, Bohemian Colony Lands as shown by map of record in Volume A. Page 48, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows; Beginning at a point which is the most Northwesterly corner of Tract C. Lynnwood Annex, as shown by map of record in Volume 37, Page 139, Map Records, Nueces County, Texas, for the beginning corner of the tract of land herein described; Thence N. 610 30' W.; along an extension of the Northerly boundary line of said Tract C, Lynnwood Annex, a distance of 10.0 feet to a point on the Easterly right of way line of Kostoryz Road; Thence N. 290 00' E., along the Easterly right of way line of said Kostoryz Road a distance of 626.13 feet to a point; Thence S. 610 30' E., a distance of 10.0 feet to a point which is the most Southwesterly corner of Lot 10, Block 1, Surry Place Number 1, as shown by map of record in Volume 36, Page 134, Map Records, Nueces County, Texas; Thence S. 290 00' W., along a line that is 10.0 feet East of and parallel to the Easterly right of way line of said Kostoryz Road a distance of 626.13 feet to the place of beginning and containing 6,261.30 square feet of land, more or less. WAS F1 Parcel 4, owned by E. S. Joslin, described as follows: Being a rectangular shaped tract of land out of Lot 5, Section 2, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows; Beginning at a point which is the most Southwesterly corner of Tract D. Lynnwood Annex as shown by map of record in Volume 32, Page 67, Map Records, Nueces County, Texas, for the beginning corner of the tract of land herein described; Thence S. 290 00' W., along a line that is 10.0 feet East of and parallel to the Easterly right of way line of Kostoryz Road a distance of 603.50 feet to a point on the Northerly right of way line of Holly Road; Thence N. 62 30' W., along the Northerly right of way line of said Holly Road a distance of 10.0 feet to a point which is the intersection of the Northerly right of way line of said Holly Road and the Easterly right of way line of said Kostoryz Road; Thence N. 290 00' E., along the Easterly right of way line of said Kostoryz Road a distance of 603.50 feet to a point; Thence S. 610 30' E., along a line that is an extension of the South- westerly boundary line of the aforementioned Tract D, Lynnwood Annex a distance of 603.5 feet to the place of beginning and containing 6,035.0 square feet of land, more or less. Parcel 5, owned by Janice Sue Pulliam Clark, et al, described as follows: Being a rectangular shaped tract of land out of a portion of Lot 4, Section 3, Bohemian Colony Lands, as shown by map of record in Volume A, ,Page 48, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows; Beginning at a point which is the most Sotheasterly corner of Lot B, Lear Addition, as shown by map of record in Volume 25, Page 56, Map Records, Nueces County, Texas, for the beginning corner of the tract of land herein described; -3- Thence S. 610 30' E., along an extension of the Southerly-boundary line of said Lot B, Lear Addition a distance of 10.0 feet to a point on the Westerly right of way line of Kostoryz Road; Thence S. 290 00' W., along the Westerly right of way line of said Kostoryz Road a distance of 314.62 feet to a point; Thence N. 610 30' W., a distance of 10.0 feet to a point which is the most Northeasterly corner-of Block B, Lear Addition Annex, as shown by map of record in Volume 30, Page 55, Map Records, Nueces County, Texas; Thence N. 290 00' E., along a line that is 10.0 feet West of and parallel to the Westerly right of way line of said Kostoryz Road a distance of 314.62 feet to the place of beginning and containing 3,146.20 square ' feet of land, more or less. Parcel 6, owned by Kostoryz Associates, described as follows: Being a traingular shaped tract of land out of Block 2 -A, Boulevard Place, as shown by map of record in Volume 40, Page 118, Map Records, Nueces County, Texas, and a portion of 50.0 foot wide Tweet Street, said Tweet Street being closed by City Ordinance Number 12352, dated November 6, 1974, and reverting one -half of said street to the abutting property owners, said tract being more particularly described by metes and bounds as follows: Beginning at a point in the easterly rigbt -of -way line of 80.0 foot wide Kostoryz Road that bears N. 290 00' E., a distance of 65.64 feet from the southwest corner of said Block 2-A for the southwest and beginning corner of the tract of land 'herein described; Thence continue N. 290 00' E., along the easterly right -of -way line of said Kostoryz Road, passing the northwest corner of said Block 2 -A at 109.36 feet; in all a distance of 134.36 feet to a point which is the intersection of the present Kostoryz Road right -of -way and the centerline of Tweet Street as shown by the abovementioned map of record; -4- Thence S. 610 30' E., along a line that is 25.0 feet north of and parallel to the north boundary line of said Block 2 -A, a distance of 8.83 feet to a point; Thence S. 320 45' 35" W., passing the north boundary line of said Block 2 -A at 25.05 feet, in all a distance of 134.65 feet to the place of be- ginning and containing 593.20 sgsare feet, more or less. Parcel 7 -A, owned by Elbert Cox, et al, described as follows: Being an irregularly shaped tract of land out of Lot 1, Block 1, BOULEVARD PLACE, as shown by map of record in Volume 13, Page 27, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 1, that being the point of intersection of the easterly right -of -way line of 80 foot wide Kostoryz Road and the southerly right -of -way line of South Padre Island Drive, for the beginning corner of the tract of land herein described; Thence S. 610 29' 15" E., along the southerly right -of -way line of said Padre Island Drive a distance of 21.41 feet to a point for the P.C. of a curve; Thence in a southwesterly direction along the are of a circular curve to the left whose central angle is 890 30' 45 ", radius 10.0 feet, tangent 9.91 feet, a distance of 15.62 feet to the point of tangency; Thence S. 290 00' W., a distance of 715.09 feet to a point in the northerly boundary line of a tract of land conveyed by J. A. Kosar to C. A. Richter by Deed, recorded in Volume 756, Page 138, Deed Records, Nueces County, Texas; Thence N. 610 30' W., along the northerly boundary line of said tract, a distance of 71.50 feet to a point on the easterly right -of -way line of said Kostoryz Road. Thence N. 290 00' E., along the easterly right -of -way line of said Kostoryz Road, a distance of 725.0 feet to the place of beginning and containing 1,458.54 square feet, more or less. -5- Parcel 7 -B, owned by Elbert Cox, et al, described as follows: Being an irregularly shaped tract of land out of Lot 1, Block 1, Boulevard Place as shown by map of record in Volume 13, Page 27, Nap Records, Nueces County, Texas, and being out of that portion of said Lot 1 conveyed by J. A. Kosar to C. A. Richter by deed recorded in Volume 756, Page 138, Deed Records, Nueces County, Texas, and a por- tion of 50 foot wide Tweet Street, said Tweet Street being closed by City Ordinance Number 12352, dated November 6, 1974, and reverting one -half of said street to the abutting property owners, said tract being more particularly described by metes and bounds as follows: Beginning at the point of intersection of the easterly right -of -way line of the present 80 foot wide Kostoryz Road and'the centerline of said Tweet Street as shown by the abovementioned map of record for the southwest and beginning corner of the tract of land herein described; Thence N. 290 00' E., along the easterly right -of -way line of said Kostoryz Road, passing the southwest corner of said Lot 1, Block 1 at 25.0 feet, in all a distance of 125.55 feet to a point; Thence S. 62 30' E., a distance of 1.50 feet to a point; Thence S. 290 00' W., along a line that is 1.50 feet east of and parallel to the easterly right -of -way line of said Kostoryz Road, a distance of 85.05 feet to a point; Thence S. 320 45' 35" W., passing the south boundary line of said Lot 1, Block 1 at 15.53 feet, in all a distance of 40.58 to a point in the center- line of the now closed Tweet Street; Thence N. 610 30' W., along the centerline of said Tweet Street, a dis- tance of 8.83 feet to the place of beginning and containing 1,390.33 square feet, more or less. SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $33,000, of which $27,705 is for acquisition and $5,295 is for contingencies and incidental expenses related to closing. -6- SECTION 3. That the necessity to acquire the above described parcels in order that construction of the Kostoryz Road Street Improvements may be commenced at the earliest practicable date in order to provide street improve- ments where presently inadequate improvements exist 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 but 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 September, 1976. ATTEST: oe it Secreta y M THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 470 DAY OF SEPTEMBER, 1976: J. BRUCE AYCOCK, City Attorney By Assistant City Attorney CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 22, 1976 I certify to the City Council that $ 33,000.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No: 220 -72 -5 Project Name Kostoryz Road -Padre Island Drive to Holly Road from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19 7� rector of Mhance FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, TEXAS _DAY OF 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; 11 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY TH FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL ' BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE