Loading...
HomeMy WebLinkAbout031430 ORD - 05/15/2018 Ordinance approving a land exchange agreement between the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") and the City of Corpus Christi, Texas ("City") which calls for Owners to convey their interest in a 1.2969 acre parcel of land at the intersection of Yorktown Boulevard at Rodd Field Road to the City and for the City to convey and abandon its interest in a 1.939 acre tract known as Airline Extension between Yorktown Boulevard and Rodd Field Road, Corpus Christi, Texas. WHEREAS, the City plans to construct a new and larger intersection for Rodd Field Road at Yorktown Boulevard inside the city limits of Corpus Christi, Texas; and WHEREAS, the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner') hold title to a 1.2969 acre tract of land at the intersection of Rodd Field Road and Yorktown Boulevard, Corpus Christi, Texas as more particularly described in the Land Exchange Agreement attached hereto as Exhibit "A," and WHEREAS, the City owns or holds a prescriptive easement in a 1.939 acre tract of land known as Airline Extension as further described in the Land Exchange Agreement attached hereto and incorporated herein as Exhibit "A," and WHEREAS, the Owners have agreed to convey their interest in the 1.2969 acre tract of land to the City in exchange for the City's conveyance of its interest in the 1.939 acre tract of land as further described in the Agreement attached hereto as Exhibit "A." WHEREAS, upon completion of construction of the new intersection at Rodd Field Road and Yorktown Boulevard, the City will abandon the Airline Extension roadway in accordance with Section 49-12 of the City Code of Ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Land Exchange Agreement attached hereto and incorporated herein as Exhibit "A" is approved and the City Manager or designee is hereby authorized to execute the Agreement on behalf of the City of Corpus Christi. SECTION 2. That City is authorized to pay up to $2,500.00 in closing costs for the land swap as described in the attached Exhibit "A." SECTION 3. The City Manager or designee is further authorized to execute a Quit Claim Deed to Owner for the 1.939 acre parcel described as Airline Extension. 031430 INDEXED That the foregoing ordi ance was read for the first time and passed to its second reading on this the B1 da Y of `-t \v , , 2018, by the following vote: Joe McComb CtAQ4 Ben Molina OC Rudy Garza (LLZ1LL Everett Roy ---a—OML— Paulette Guajardo Q( Lucy Rubio —____at_ Michael Hunter Greg Smith _lit_ Debbie Lindsey-Opel alb)Attit•'\_.) That the fore �ng ordinance was read for the second time and passed finally on this the 10 `day of XV , 2018, by the following vote: Joe McComb L! • Ben Molina # . __AJAL,_ Rudy Garza 1 *4 I , Everett Roy 1.U] Paulette Guajardo 1,4 I Lucy Rubio IL Michael Hunter , V I a.,6\---t,„). Greg Smith ! 1 Debbie Lindsey-Opel / 5d ay PASSED AND APPROVED on this the \ 5 day of ' II 1 , 2018. ATTEST: 1- L.e_c_ i_& Ffur,4/--te,_____ „ w (..A.,e2—evi----- Re ecca Huerta Jo cComb City Secretary M.:yo 031430 AGREEMENT This is an agreement by and between NUSS FAMILY PARTNERSHIP, LTD., GSC HOLDINGS, LTD. and WAYNE LUNDQUIST, JR. ('Owners") and THE CITY OF CORPUS CHRISTI, TEXAS ("City"). RECITALS The Owners, in undivided interests, arc the owners of that 9.8003-acre tract of land described on Exhibit A (the "Property"). The City maintains two roadway easements in that 1.939-acre portion of the Property described on Exhibit B (the "Airline Extension"). The City is constructing a new intersection for Rodd Field Road and Yorktown Boulevard (the Intersection Project'). Construction of the Intersection Project will require the City to acquire that 1.2969-acre portion of the Property described on Exhibit C (the"Acquisition Tract"). The public will no longer use, and the City will no longer have any use for, the Airline Extension arca after completion of the Intersection Project. AGREEMENT In consideration of the mutual representations, covenant and agreements set forth herein, the Owners and the City do hereby agree as follows: 1. The Owners agree that they will convey the surface interest in and to the Acquisition Tract to the City, subject to all restrictions and easements of record, AS-IS, in its present condition, by Special Warranty Gift Deed. The Owners agree to purchase (from a Title Company of the City's selection)an owner's policy of title insurance in a nominal amount,insuring that good title to the Acquisition Tract is being conveyed to the City. Taxes will be prorated as of the effective date of this Agreement. with any rollback taxes to be paid by the City. One-half of any closing costs(escrow fee, tax certificates, recording fees,etc.)shall be paid by each party. 2. The City agrees that it will convey all of its right, title and interest in and to the Airline Extension to the Owners by Quitclaim Deed warranting only that it maintains the easement on the public's behalf that is being conveyed. The City further warrants that it will abandon its right to use the Airline Extension in accordance with Section 49-12 of the City Code of Ordinances upon completion of the Intersection Project. The City may continue to use the Airline Extension until completion of the Intersection Project. 3. The City agrees to complete the construction of the Intersection Project with due diligence, including the installation of three driveways and deceleration lanes providing ingress and egress to the remainder of the Owners' Property as shown on the plans which are attached as Exhibit D. The City agrees to place all excess clean din excavated from the Intersection Project on the remainder of the Owners' Properly, leveled but not compacted. 4. Upon completion of the Intersection Project, the City will remove and dispose of all asphalt from the Airline Extension. This Agreement shall not be binding, nor shall it be effective, until it is authorized by the City Council and signed by the City Manager as evidence of such approval. Executed in triplicate,any of which constitutes an original. Agreed to this _ day of ,2018 OWNERS NUSS FAMILY PARTNERSHIP, LTD. By its Generalg7n4 Partner , By: IA•enn kosS Title: 6cners1 tar--}ne r THE STATE OF TEXAS § COUNTY OF NUECES § This instrum nt was acknowledged before me on /171/td. 7 , 2018 by fin✓ 4,1-3 ,as 4.p4„1.votiC 1 - u of vt 5�as•,,'l /' i/ oo. General Partner on behalf of Nuss Family Partnership, Ltd. JUANAJEANBAR70N mile"!. Public in .''for the State of Texas Notary to I1OB68260 'A` My Commission Eap&es A�..I) June 3,2021 1 GSC HOLDINGS, LTD. By its General Partner By: Title: tJ\,e"-k- 4 ps'"'r� JUANA JEAN BARTON THE STATE OF TEXAS § 4 ► Notary ID 010868260 '7Ab/ MyCommission Expires !tab . June 3,2021 COUNTY OF NUECES This instrument was acknowledged before me on $- -2 , 2018 by t . sD3 ,as 0, of ( L I. .C--- , General Partner on behalf of GSC Holdings, Ltd. C ,'vr` C''G'1' . too , Not Public —a-. n and for the State of Texas [Seal] WAYNE A. LU DQUI 'T, JR. ((). ' / c THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 161M 16 4 . 2018 by Wayne A. Lundquist, Jr. (:)-jtiZ._ Notary Pub is in and for the State of Texas [Seal] 3 CITY CITY OF CORPUS CHRISTI. TEXAS Valerie H. Gray. P.E. Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on . 2018 by Valerie H. Gray, P.E. as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation,on behalf of said corporation. Notary Public in and for the State of Texas [Seal] ATTEST: REBECCA HUERTA.CITY SECRETARY APPROVED AS TO LEGAL FORM THIS23 DAY OF jilla{ . 2018. FOR THE CITY ATTORNEY Jan• Whitehead, Assistant City Attorney City Legal Department 4 A 9.8005-acre tract of land, more or less, being a portion of Lots 15 and 16, Section 25, Flour Bluff and Encina) Fann and Garden Tracts, as recorded in Volume A,Pages 41 through 43 of the Map Records,Nueces County, Texas and being a portion of that land deeded to Karen Ann Smith et al, described as Exhibit "B" in Document 41999015842, Official Public Recants, Nueces County. Texas, said 9.8005-acre tract, more or less, being more particularly described by metes and bounds as follows: BEGINNING at a PK nail set in the centerline intersection of Yorktown Road (80' ROW)end the platted extension of Rodd Field Road (40' ROW) for the original southwest comer of said Lot 16 and the southwest corner of this tract; THENCE, N-29°00'00"-E, along the centerline of said Rodd Field Road extension, a distance of 344.34' to a 5/8" steel rod set in the east right-of-way of the existing Rodd Field Road (120' ROW) for an exterior corner in the west line of this tract and the point of curvature for a curve to the left from which the radius bears N-35°51104"-W, 632.96',said curve having a central angle of 25°08'56"and a tangent of 141.19'; THENCE, along said curve and right-of-way, at 51,60' pass a 5/8" steel rod set for the east right-of-way of said Rodd Field Road extension, in all an arc length of 277.82' to a 5/8"steel rod set for the point of tangency, THENCE, N-29°00'00"-E, continuing along the east right-of-way of said Rodd Field Road, in all a distance of 653.75'to a 5/8"steel rod for the north corner of this tract; THENCE, S•02°26'06"-W, a distance of 1371.92' to a 5/8"steel rod found in the north right-of-way of Yorktown Boulevard for the upper southeast corner of this tract; THENCE,S-29°00'00"-W, a distance of 40.00' to a 60d nail found in the centerline of Yorktown Boulevard for the lower southeast corner of this tract; THENCE, N-6 °00'00"-W, along the centerline of Yorktown Boulevard, a distance of 673.54' to the POINT OF BEGINNING and containing 9.8005 acres of land,more or less. EXHIBIT A City Pro ect 6465 City of Corpus Dvisu ConsuRam Project No 1:0446 Alrfne Road R.O.W.out of 9.8005 Ave Tract Out of L 15.16,Sec 25 FB&EF&GT 15HIBrt ' METES AND BOUNDS DESCRIPTION FOR A RELEASE OF RIGHT OF WAY FROM A 99005 ACRE TRACT OUT OF LOTS 15 AND 165ECTION 25 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT$ PARGE.A—UNR€Q3ROF0 RIGHT OF WAY OF AIRLINE ROAfj Being 1.601 acres of farad,more Or leis out of a 9.80005 we ren out of bats 15 and 16,Sefton 25, Flour Bluff and Encinal Tann and Garden Tracts,recorded h Document 2010033953,Offical Public Records,Nuess County,Texas and this 1601 ave tract being more fuIly described by mates and bounds as foliowsr Beginning at a point on the easterly fine of said 92005 ave tract,N2-26-06E 27 95 feet Ppm the southeast gamer of said 9.8005 ave tract Thence N6200-COW 67.68 feet; Thence NO2 36060E 101141 feet; Thence 587-33-54 30 00feet; Thence NO2-26-06E 24256 feet to a point on the westwly Ilse of said S.BOOS ane tract; Thence N29-0000W 67.08 feet to the north miner el mid 9.8015 ave Ltac1. Thence 502-26-06W 134357 feet along the easter'y I:ne of said 99005 acre tract to the point of beginning Arid conbinng 69,760 square feet or 1601 acres of land more or les FARM. RIGHT OF WAY OF MRDNE ROAD 9eing 0338 ayes of land,more or less out of a 9.W005 acre tract out of lots 15 and 16,Section 25 Row Biuff and Encinal Farm and Garden Tracts,recorded in Document 2010003983,Official Public Records,Nuecas County,Teas and as retorted in Volume24S,Page 272,Deed Regards,Nuevs Canny Texas,and this 0330 acre tan being more fully described by metes and bounds as follows; Beginning at a point on the westerly line of said 9.8005 acre vat 6290060W 67.08 feet from the northerly corner of said 9900$acre tract; Thence 52-2606W 242.56 feet along the described xrnerine of Airline Road. Thence N87-33-543512123 feet to a point on the westerly line of said 99005 acre vast; Thence N290O00E 2712 feet along the westerly line of said 92005 ave V,Ct to the point of beginning And containing 14,708 square feet or 0.338 acres more orles. 4 P RAI-BBUI4 . 4220 //2/#/a -- �- - - EXHIBIT B VA / / Were e' ..nc9i r, .R ins•et IY 35 259 Acre - oc 1 Fa:. 9aal ee Enc re: Fon- cren - & ; 2 inns 4 VOLJ1936. ?G5 959 510 y/ ORVCi ti/ / 4r Fel � / / . Ft i y / s` / I / /e / / / / _ d ,, / /• � / 26 / E// 1/ /,•.ss ` .dy Port e - to 1 / Wo ne A. _ares�st Jr J BLOB Acre rrect o&Lots :5 k 3 rot, BJ; senc - 1 COO X20'000}9]3 on ij mrxl 0..e.eo.ent. LO '"-/\ \ \ 209961 me Itzt \ 9:1!!ok Enc'nd Lots lc errn34 CortenSecten 2i /4n., 00:./2012015034 \ \•,k11.1& F eec¢ A I .rnca a ', 6EOMBE PAEAI J 330 • I + '� earl�� '�� kr V. ICJ WW2 47/ieeit; rvwa• ,.we 110446 PI?FIST op 20.44. c 9.9.H ACRES EXHIBIT CITY 0. CORPUS CITRIC: •^yens. 065 rM run*M1n,N'n B lok3.4°^'"'"1n 414'"4`•s., a =tn J2 I2-03-12 Dec nate 3.4°^'"'"1 reE Sarte EXHIBIT B 114 BNB °la 5[mvl 1 0010051 C°,puS CM1ns[i iv+a,)0/.GI I I2 70055 Il4cni rOvc LJA ENGINEERING 19vL51(10]66"50 March 28, 2017 LJA Project No. C007-15025.402 EXHIBIT'A' HELD NOTES DESCRIPTION THE STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 1.2969-acre tract for a right-of-way acquisition out of a 9.8005-acre tract of land, being a portion of Lot 16, Section 25, Flour Bluff& Encinal Farm & Garden Tracts("F.B. & E.F. & G.T."), as recorded in Document Number 2010003983 of the Official Records of Nueces County, Texas; and described by metes and bounds as follows: COMMENCING at a 60d nail found in the centerline of Yorktown Boulevard and the common corner of Lots 15, 16, 17, and 18, Section 25, F.B. & E.F. & G T., as recorded in Volume A, Page 41-43, Map Records of Nueces County,Texas; THENCE N 28°40'00"E, a distance of 40.00 feet to a 5/8" iron rod with cap found on the north right-of-way of Yorktown Boulevard for the POINT OF BEGINNING and the southeast corner of this 12969-acre tract; THENCE N 61°20t0"W along the existing north right-of-way of Yorktown Boulevard, a distance of 653.69 feet to a 5/8" iron rod with cap set at the intersection of the north right-of-way of Yorktown Boulevard and the east right-of way of Rodd Field Road for the southwest corner of this tract; THENCE N 28°40'00" E along the existing east right-of-way of Rodd Field Road, a distance of 352.19 feet to a 5/8"iron rod with cap found at the point-of-curvature of a curve to the left, with a radius bearing of N 40°51'16" W, a radius of 632 96 feet, and a central angle of 20°28'42", for an angle corner of this tract; THENCE along the existing east right-of-way of Rodd Field Road and along said curve to the left, a distance of 226.23 feet to a 5/8" iron rod with cap set at the paint-of-tangency of the curve for an angle corner of this tract; THENCE N 28°40'00" E along the existing east right-of-way of Rodd Field Road, a distance of 653.74 feet to a 5/8"Iron rod with cap set for the northwest corner of this tract, whence a PK nail found at the common corner of Lots 8 and 9, Section 21, & Lots 1 and 16, Section 25, F.B. & E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas, bears N 28°40'00"E, a distance of 58.68 feet, thence N 61°20'00"W, a distance of 60.00 feet; THENCE S 02°06'06"W, a distance of 11.18 feet to a 5/8"iron rod with cap set to the proposed east right-of-way of Rodd Field Road for an angle corner of this tract; EXHIBIT C Exhibit'A'-7.2969-Acre Tract March 28,2017 Page 2 of 2 THENCE S 28°40'00"W along the proposed east right-of-way of Rodd Field Road, a distance of 707.37 feet to a 5/8" iron rod with cap set at the point-of-curvature of a curve to the left with a radius of 761.00 feet and a central angle of 10°33'29",for an angle corner of this tract; THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the left, a distance of 14023 feet to a 518" iron rod with cap set at the point-of-tangency of the curve for an angle corner of this tract; THENCE S 18°06'31" W along the proposed east right-of-way of Rodd Field Road, distance of 108.67 to a 5/8" iron rod with cap set at the point-of-curvature of a curve to the right with a radius of 839.00 feet and a central angle of 10°33'29",for an angle corner of this tract; THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the right, a distance of 154.60 feet to a 5/8" iron rod with cap set at the point-of-tangency of the curve for an angle corner of this tract; THENCE S 28°40'00"W along the proposed east right-of-way of Rodd Field Road, a distance of 51.50 feet to a 5/8" Iron rod with cap set at the point-of-curvature of a curve to the left with a radius of 25.00 feet and a central angle of 90°00'00", for an angle corner of this tract; THENCE along said curve to the left, a distance of 39.27 feet to a 5/8" iron rod with cap set at the point-of-tangency of the curve on the proposed north right-of-way of Yorktown Boulevard for an angle corner of this tract; THENCE S 61°20'00" E along the proposed right-of-way of Yorktown Boulevard, a distance of 519.93 feet to a 5/8"iron rod with cap set for an angle corner of this tract; THENCES_02°06'06" W, a distance of 37.46 feet to the POINT OF BEGINNING, containing 1.2969 acres, more or less. Bearings refer to grid north, Texas State Plane Coordinate System, South Zone, NAD83, US Survey Feet, as observed by GPS. This field notes description is accompanied by a survey map titled Exhibit 'B', dated March 28. 2017. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 28th day of March, 2017. WO 7,€.2..47 Registered Professional Lan urveyor Texas Registration No. 447 EXHIBIT C \ �a\} ! z �•!. 5 e !` ! I \ § A — 1 ~ ` 1 OA - j (�§ { tg SA P. g£ Ii } »5 I \ ~ : \ § / § \ ƒ \Q / § \ hit \ \ - % (I > yTelal ® } - 3 w. ; »: t , y \ \ ^_ \: . . . \ / ( \ : ) py \ p ! : < . ! : . \ \ © © / R / \ : \ ) ) \ . / \ ( \ H . ! \Tib\ , \ ! ( * � N $ ® 5 { J` \ \ \ { c - , \ G ; 22 < - e� 3 „ < y — --------- ~ @ �. 2 --- ---- EXHIBIT C 1 ter_ I i I I , l ' 1 t i'\, ` L,. I I � t3 I � I I r , i al ' , , 111 ' i ,f i , !. ',' I l I - f I I 01 SI i;l1\ 1:11 1 ' t ( ' i1 i 1\i I 1 f IT . III - ; E i 1 1 j I =')i 5 T y ' I , M { f ■ _ — .1.11110.... _"-`- -_ -— N 1 • ,,,• l'ilaninME ID - .-- -,". , 1 ' f � - 'C- - --- --_-_ _ ---_ ,r�_ 1�_ .. • - __�._.._ ar_- � li u 11A ; . __•_- EXHIBIT D