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HomeMy WebLinkAbout031864 RES - 09/17/2019 Resolution authorizing the City Manager to execute the Land Exchange Agreement with the United States of America acting by and through the Department of the Navy regarding proposed land exchange of approximately 44 acres of Navy property known as Peary Place Transmitter Site located near South Padre Island Drive S.H. No. 358 and Wallace Avenue near Cayo Del Oso, for the following City properties: approximately 38 acres at or near intersection of Ayers Street and Saratoga Blvd., approximately 0.8677 acres at or near 212 Anchor Street, approximately 0.3258 acres at or near 800 block of Green Bay Street, and approximately 0.7896 acres at or near 600 block of Mediterranean Dr. formerly known as Caribbean Park; providing for payment of costs of conveyance as required by Federal law not to exceed $500,000; and providing for final conveyance of the City properties contingent upon additional City Council approval Be it resolved by the Corpus Christi City Council: Section 1. That the City Manager or designee is authorized to execute the Land Exchange Agreement with the United States of America acting by and through the Department of the Navy regarding due diligence matters related to the proposed exchange of approximately 44 acres of Navy property known as the Peary Place Transmitter Site located near South Padre Island Drive S.H. No. 358 and Wallace Avenue near Cayo Del Oso, in exchange for the following City lots: approximately 38 acres at or near intersection of Ayers Street at Saratoga Blvd., approximately 0.8677 acres at or near 212 Anchor Street, approximately 0.3258 acres at or near 800 block of Green Bay Street, and approximately 0.7896 acres at or near 600 block of Mediterranean Dr formerly known as Caribbean Park; providing for payment of costs of conveyance not to exceed $500,000 as payment or reimbursement for costs of appraisals, surveys, permits, fees, environmental compliance, environmental with land exchange, and other administrative costs related to the exchange of the property as required by Federal law, with final conveyance of the City properties contingent upon additional City Council approval. Section 2. The Navy proposed Land Exchange Agreement is attached as an Exhibit to this Resolution. The City Manager or designee is authorized to approve minor changes to the final agreement which do not impact the substance of the agreement or this Resolution. PASSED AND APPROVED on the /7.6-- day of 5-yiedqkK 2019: Joe McComb kte- Roland Barrera e Rudy Garza e Paulette M. Guajardo .k Gil Hernandez (44-e Michael Hunter �? 031864 Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Re ecca Huerta J.- cComb City Secretary - .r 031864 Page2of2 SEC. 2845. LAND EXCHANGE, NAVAL AIR STATION CORPUS CHRISTI,TEXAS. (12/12/17) (a) LAND EXCHANGE AUTHORIZED.—The Secretary of the Navy(in this section referred to as the "Secretary") may convey to the City of Corpus Christi, Texas(in this section referred to as the ``City"), all right,title, and interest of the United States in and to a parcel of real property,including improvements thereon, consisting of approximately 44 acres known as the Peary Place Transmitter Site in Nueces County associated with Naval Air Station Corpus Christi,Texas. (b)CONSIDERATION.—As consideration for the conveyance under subsection(a),the City shall convey to the Secretary its real property interests either adjacent or proximate,and causing an encroachment concern as determined by the Secretary, to Naval Air Station Corpus Christi,Naval Outlying Landing Field Waldron and Naval Outlying Landing Field Cabaniss. (c) LAND EXCHANGE AGREEMENT.—The Secretary and the City may enter into a land exchange agreement to implement this section. (d) VALUATION.—The value of each property interest to be exchanged by the Secretary and the City described in subsections(a)and(b) shall be determined—(1)by an independent appraiser selected by the Secretary; and(2) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (e)CASH EQUALIZATION PAYMENTS.— (1)TO THE SECRETARY.— If the value of the property interests described in subsection(a) is greater than the value of the property interests described in subsection(b), the values shall be equalized through a cash equalization payment from the City to the Department of the Navy. (2)NO EQUALIZATION.— If the value of the property interests described in subsection(b)is greater than the value of the H. R. 2810-584 property interests described in subsection(a), the Secretary shall not make a cash equalization payment to equalize the values. (f)PAYMENT OF COSTS OF CONVEYANCE. — (1)PAYMENT REQUIRED.—The Secretary shall require the City to pay costs to be incurred by the Secretary to carry out the exchange of property interests under this section, including those costs related to land survey, environmental documentation, real estate due diligence such as appraisals,and any other administrative costs related to the exchange of property interests to include costs incurred preparing and executing the land exchange agreement authorized under subsection(c). If amounts are collected from the City in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the exchange of property interests,the Secretary shall refund the excess amount to the City. (2)TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph(I)above shall be used in accordance with section 2695(c)of title 10, United States Code. (g) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property interests to be exchanged under this section shall be determined by surveys satisfactory to the Secretary. (h)CONVEYANCE AGREEMENT.—The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the City, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (i)EXEMPTION FROM SCREENING REQUIREMENTS FOR ADDITIONAL FEDERAL USE.— The authority under this section is exempt from the screening process required under section 2696(b)of title 10, United States Code. (j)SUNSET PROVISION. —The authority under this section shall expire on October 1. 2019, unless the Secretary and the City have signed a land exchange agreement described in subsection(c). EXHIBIT A .°/1.,/, ...r .I-' . .....„. `. r • ., ' . 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