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Home My WebLink About15524 ORD - 05/07/19801p:5-6-80;1st AN ORDINANCE AUTHORIZING AN AGREEMENT WITH ANNIE BLAKE MORGAN HEAD, DEVELOPER OF A 21.22 ACRE TRACT AT THE SOUTHWEST CORNER OF LEOPARD AND RAND MORGAN ROAD WHEREBY THE DEVELOPER WOULD PAY THE CITY A PRO RATA SHARE OF $25,464 FOR THIS TRACT SHARE OF ULTIMATE DRAINAGE IMPROVEMENT IN RAND MORGAN ROAD TO NUECES RIVER, ALLOWING THE DEVELOPMENT TO PROCEED UTILIZING DRAINAGE TO THE SOUTH ON A TEMPO- RARY BASIS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 an agreement between the City of Corpus Christi and Annie Blake Morgan Head, developer of a 21.22 -acre tract at the southwest corner of Leopard and Rand Morgan Road whereby the developer will pay the City a pro rata share of $25,464 for this tract share of ultimate drainage improvement in Rand Morgan Road to Nueces River, allowing the development to proceed forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. The necessity to execute the aforesaid agreement in order that the development of the above described area may continue without delay 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 that such emergency and necessity 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 1 day of May, 1980. ATTEST: C Secretary APPROVED: 6 DAY OF MAY, 1980: J. BRUCEAXCOCK, CITY ATTORNEY 1�J1 By &liCi Assistant CitAi drney 15524 THE TY OF CORPUS CHRISTI, TEXAS v10,0097, sz �eC�a� AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X • THIS AGREEMENT is entered into between the City of Corpus Christi, a municipal corporation, hereinafter called "City", and Annie Blake Morgan Head, Individually and as Trustee for the Randolph Blake Farenthold Trust and the Sue Cleveland Farenthold Trust under the will of Randolph Farenthold, and as Trustee of the Morgan -Randolph Blake Farenthold Trust and the Morgan -Sue Cleveland Farenthold Trust, hereinafter called "Land- owner", W ITNESSET H: Landowner has entered into an option agreement with Jack Coogan, Trustee, hereinafter called "Developer", for the sale of 21.22 acres of land shown as Lots 1 and 2 of Rand Morgan Subdivision No. 1 on the plat attached hereto marked Exhibit A. Landowner has applied to City for approval of said plat in accor- dance with City Platting Ordinance requirements. Drainage from said 21.22 acres naturally flows south along Rand Morgan Road but the City's Master Plan for Storm Drainage requires that drainage from this tract be taken to the north along Rand Morgan Road to the Nueces River although a substantial portion of the storm sewer system to convey such drainage to the Nueces River has not been completed. Accordingly, City and Landowner agree as follows: (1) City will permit, and Landowner will provide at her sole cost and expense, drainage improvements from said two (2) lots so that drainage will flow south along Rand Morgan Road toward the Clarkwood area in accordance with the drainage plan prepared by Chas. L. Haile Associates and shown on Sheets 1 through 7, both inclusive, of the "Rand Morgan Sub'D Unit 1, Proposed Drainage Plan Along Rand Morgan Rd.", dated Mar. '80 and identified as Job No. 68006. (2) Landowner will grant City an easement along Rand Morgan Road necessary to effect drainage from said 21.22 acres to the south in accordance with the plan therefor shown on the above described drawing from Chas. L. Haile Associates; said easement shall terminate when drainage from said 21.22 acres is taken to the north through City's storm sewers. (3) At the time hereinafter provided Landowner agrees to pay City the sum of Twenty-five Thousand Four Hundred Sixty-four & no/100 Dollars ($25,464.00)) as her share attributable to said 21.22 acres of the ultimate construction by the City of the large diameter storm sewer line extending to the north of said tract as shown on Plates Nos. 44 and 46 of the 1970 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area. (4) Payment of said sum of $25,464.00 by Landowner to City shall be made within ten (10) days after conclusion of the transaction of the sale of said 21.22 acres by Landowner to Developer but if said sale has not been concluded on or before October 1, 1980, this agreement shall terminate in its entirety. The plat attached hereto as Exhibit A will not be filed for record 4-0411 • • until said sum of $25,464.00 has been paid by Landowner to City, but upon such payment City will establish a drainage fund for deposit of said amount therein for the ultimate northerly drainage system described above and thus utilize this fund only for such drainage improvements. (5) Landowner agrees to indemnify City against any claims arising as a result of the agreement herein contained allowing drainage in a manner other than that provided by the City's Master Plan for Storm Drainage. (6) This agreement will become effective and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns, from and after its execution by the parties. EXECUTED in duplic te, each of which shall be con- sidered an original, this day of May, 1980. ATTEST: City Secretary APPROVED: day of May, 1980 J. Bruce Aycock, City Attorney By Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NUECES X THE CITY OF CORPUS CHRISTI By Marvin Townsend, City Manager 4,4 Anne Bl e organ/ ea n vi - dually and as Trus ee for the Randolph Blake Farenthold Trust and the Sue Cleveland Farenthold Trust under the will of Randolph Farenthold, and as Trustee of the Morgan -Randolph Blake Farenthold Trust and the Morgan -Sue Cleveland Farenthold Trust BEFORE ME, the undersigned authority, on this day per- sonally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and considerations therein expressed. Given under my hand and seal of office, this the day of May, 1980. Notary Public in and for NUECES County, Texas. 2 • THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared ANNIE BLAKE MORGAN HEAD, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the pur- pose and consideration therein expressed and in the capacities therein stated. Given under my hand and seal of office, this the 7— day of May, 1980. Notary Public in and for NUECES 3 County, Texas GLADYS M. HISAW RAND MORGAN SUBD/V/S/ON No. / Being a resubdivision of 21.22 Ac. tract of land being that portion of Lots 4 & 5, South of.Leopard Street, and a portion of Lots 3 & 6 out of the' Artemus R. Roberts Subdivision, as recorded in Vol. 3, Pg. 41 of the Nueces County Map Records.' Exhibit A Corpus Christi, Texas of Zt4, , 1910 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 suspension 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, THE CrOF CORPUS CHRISTI, The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15524 TEXAS