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HomeMy WebLinkAbout17866 ORD - 10/05/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION OF THE STATE OF TEXAS; 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 authorized to execute a right of entry agreement with the State Department of Highways and Transportation of the State of Texas, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to grant right of entry for pipeline relocation at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the S day of ®its , 1983. ATTEST: Cit Secry 9G� APPROVED:4DAY OF OCTOBER, 1983 ruce Ayco c , ty ttorney irigs6 THE CITY OF CORPUS CHRISTI, TEXAS !SEP294 CR ILMLD THE STATE OF TEXAS 6 COUNTY OF NUECES RIGHT OF ENTRY FOR UTILITY ADJUSTMENT PURPOSES WHEREAS, City of Corpus Christi, Nueces County, Texas, are the owners of a certain tract of land in Nueces County, Texas, more fully described hereinbelow; and, WHEREAS, the State of Texas, acting by and through the State Department of Highways and Public Transportation of the State of Texas, is going to acquire fee simple title and/or certain interests in said tract of land, except all the oil, gas and sulphur which can be removed from beneath the above described tract of land without any right whatever remaining to the owner .of such oil, gas and sulphur of ingress or egress to or from the surface of said land for the purpose of exploring, developing -drilling, or mining of the same, for the purpose of constructing a highway and appurtenances thereto; WHEREAS, the State of Texas will acquire the hereinafter described tract of land, encumbered with the improvements thereon, by purchase, or upon the failure to purchase, by means of condemnation proceedings; now therefore; KNOW ALL MEN BY THESE PRESENTS, that City of Corpus Christi hereinafter called Grantors, for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration to it in hand paid by the State of Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, have Granted, Sold and Conveyed and by these presents do Grant, Sell and Convey unto the State of Texas, the right of entry upon, and the right to adjust and relocate utility lines with which the land is encumbered, being the following described tracts of land, to -wit: "R.O.E. for Utility Adj. Purposes"(1983) I.H. 37 Right of Entry(St. of Tx.) page 1 of 7 RCEL 33 CITY OF CORPUS CHRISTI BEING THREE PARTS OF LAND OWNED BY THE CITY OF CORPUS CHRISTI, OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592,; AND BEING A PART OF THE SAME :.ANDS DESCRIBED BY DEEDS RECORDED IN VOLUME 274, PAGE 48 ANC VOLUME 533, PAGE 4 OF THE DEED RECORDS OF NUECES. COUNTY, TEXAS; SAID PARCELS OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS Af FOLLOWS: PART 1 FROM STATION 811+91.90 TO STATION 813+51.90 LEGINNING AT A POINT ON THE PROPOSED WEST RIGHT OF WAY LIRE OE IH 37 ANC THE NORTH RIGHT CF WAY LINE OF RIPPLE STREET, FROM SAID PONT A SOUTH CORNER OF THE CITY OF CORPUS CHRISTI TRACT, MARKED BY AN IKON HCC, BEARS N75 -13-34W, 428.04 FEET AND SAID BEGINNING POINT BEING 241.21 FEET LEFT OF ENGINEERS BASELINE STATION 811+89.44; (1) THENCE N66 -00-22E, A DISTANCE OF 97.45 FEET ALONG THE PROPOSED WEST RIGHT CF WAY LINE OF IH 37 TO A POINT; !2) THENCE N05 -41-40E, A DISTANCE OF 129.55 FEET ALONG THE PROPOSED WEST RIGHT OF WAY LINE OF I11 37 TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF IH 37; (3) THENCE S03 -11-11E, A DISTANCE OF 160.00 FELT ALONG THE EXISTING WEST RIGHT OF WAY LINE OF IH 37 TO A POINT; (4) THENCE 562-06-41W, A DISTANCE OF 54.22 FEET ALONG THE EXISTING IH 37 CUTBACK RIGHT OF WAY LINE AT RIPPLE STREET TO A POINT ON THE NORTH LINE CF RIPPLE STREET; (5) THENCE N75 -13-34W, A DISTANCE OF 65.00 FEET ALONG THE NORTH LINE OF NIPPLE STREET TO ThE POINT OF BEGINNING AND CONTALNING AN AREA. OF 0.105 OF ONE ACRE OF LAND, MORE OR LESS. a PART 2 Fi+CM STATION 817+27.70 TO STATION 823+30.47 —2 - Geyer. r INNING AT A POINT ON THE PROPOSED WEST RIGHT OF WAY LINE CF IH 3 THE EXISTING WEST RIGHT OF WAY LINE CF IH 37, FROM SAID POINT A .STH CORNER OF THE CITY OF CORPUS CHRISTI TRACT, MARKED BY AN IRON RCD, BEARS S03 -11-11E, 535.80 FEET, S62 -06-41W, 54.22 FEET At4D N75 -13-34W, 493.04 FEET; AND SAID BEGINIJING PoINr EEING 129.36 FEET LEFT OF ENGINEERS BASELINE STATION 817+27.7G; 1 1) THENCE N01 -41-02W, A DISTANCE CF 604.69 FEET ALONG THE PROPOSED WEST RIGHT GF WAY LINE CF IH 37 TO A POINT ON THE EXISTING WEST RIGHT OF UAY LINE OF IH 37; _) THENCE S89 -23-16E, A DISTANCE OF 25.00 FEET ALONG THE EXISTING WE".T RIGHT CF WAY LINE OF IH 37 TO A POINT; .) THENCE 500-41-08W, A DISTANCE CF 604.20 FEET ALONG THE EXISTING WEST RIGHT OF WAY LINE OF IH 37 TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 0.173 OF ONE ACRE OF LAND, MORE ()RIESS. PART 3 F}DM STATION 823+32.16 TO STATION 841+44.42 BEGINNING AT A POINT ON THE PROPOSED WEST RIGHT OF WAY LINE IEI 37 AND THE EXISTING WEST RIGHT OF WAY LINE QF IH 37, FROM SAID POINT A BACK CCRI:ER OF THE CITY.OF CORPUS CHRIST/ TRACT BEARS S01 -41-02E, 604.69 FEET, S03 -11-11E, 535.80 FEET, 562-06-41'W, 54.22 FEET AND. N75 -13-34W, 49_).04 FEET. SAID BEGINNING POINT BEING 112.6( FEET LEFT OF ENGINEERS BASELINE STATION 823+32.16; 1) THENCE N07 -22-17W, A DISTANCE OF 211.67 FEET ALONG THE PROPOSED BEST EIGHT OF WAY LINE OF III 37 TO A POINT; ') THENCE N08 -25-42W, A DISTANCE OF 214.79 FEET TO A POINT; ;) THENCE IN A NORTHERLY DIRECTION ALONG A CURVE TO THE BIGHT, A DISTANCE GF 174.76 FEET TO A POINT; SAID CURVE HAVING A RADIUS OF 1939.8593, A CHORD BEARING OF N05 -50-50.89W, AND A CHORE DISTANCE CF 174.6974 FEET; ;) THENCE NO3-16-00W, A DISTANCE OF 194.49 FEET TO A POINT; -3- Oo,1rr. 15) THENCE IN A NORTHERLY DIRECTION ALONG A CURVE TO THE LEFT, A DISTANCE OF 694.90 FEET TO.A POINT; SAID CURVE HAVING A RADIUS'OF 2709.789 FEET, A CHORD BEARING OF N10 -36-47.49W, AND A CHORD DISTANCE OF 693.002 FEET; (6) THENCE N17 -57-35W, A DISTANCE OF 134.17 FEET TO -A POINT; (7) THENCE N31 -34-57W, A DISTANCE OF 148.60 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE CF IIT 37; (8) THENCE N72 -02-25E, A DISTANCE OF 55.00 FEET ALONG THE EXISTING WEST RIGHT OF WAY LINE OF IH 37 TO A POINT; (9) THENCE S17 -57-35E, A DISTANCE OF 487.79 FEET ALONG THE EXISTING WEST RIGHT OF WAY LINE CF IH 37 TO A POINT; '10) THENCE IN A SOUTHERLY DIRECTION ALONG A CURVE TO THE RIGHT, A DISTANCE GF 904.29 FEET TO A POINT; SAID CURVE HAVING A RADIUS OF 2789.789 FEET, A CHORD BEARING OF SO8-40-25.29E, AND A CHORD DISTANCE OF 900.3385 FEET; ':1) THENCE 500-36-44w, A DISTANCE OF 388.64 FEET TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 1.732 ACRES OF LAND, MORE OR LESS. A map of which is marked "Exhibit A", and attached hereto and made a part hereof for all purposes. -4- That the State of Texas, acting by and through the State Department of Highways and Public Transportation, shall have the right of entry upon, and the right to adjust and relocate utility lines with which the landis encumbered within the proposed right of way. That the grant herein made shall not prejudice, in any way, Grantors rights to receive full and just compensation for the interest to be acquired by the State of Texas in the above described land, encumbered with the improvements thereon, save and except all oil, gas and sulphur as above provided, and damages, if any, to the remainder of Grantors lands. TO HAVE AND TO HOLD the right of entry to the above described tract of land for the purpose and subject to the limitations above described. Executed this the day of , 19 . ATTEST: APPROVED: ..2-7 day of J. BRUCE APC CK, TY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Edward A. Martin, City Manager By: APPROVED: 1983. R.W. Coffin Assistant City rney -5- es K. Lont. , b.E. sistant City Manager THE STATE OF TEXAS COUNTY OF NUECES Q E d BEFORE ME, the undersigned authority, a notary public in and for Nueces County, Texas, on this day personally appeared Edward A. Martin, city Managel of the City of Corpus Christi , 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 City of Corpus Christi , 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 , 19 Notary Public in and for Nueces County, Texas -6- "R.O.E. for Utility Adj. Purposes"(1983) I.H. 37 Right of Entry (St. of Tx.) Page 7 of 7 FELT "A" L.H. 37 Parcel 33 Corpus Christi, Texas day of COJk J , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 4 MAYOR THE Y OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed Luther Jones Betty N. Turner David Berlanga, Sr. / Leo Guerrero / Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik the following vote: