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HomeMy WebLinkAbout15937 ORD - 12/17/19804 vp:12/15/80ilst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF TWO EASEMENTS IN CONNECTION WITH THE OAKDALE DRIVE SANITARY SEWER LATERALS PROJECT, NO. 250-77-31; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1,015 FOR ACQUISITION; 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, and he is hereby authorized to execute documents necessary for the acquisition of two easements in connec- tion with the Oakdale Drive Sanitary Sewer Laterals Project, No. 250-77-31. The tract of land from Frame J. Bowers, Jr. and wife, Nancy R. Bowers, is described as follows: Being a tract of land out of Lot 2, Unit 1, Tropic Estates Sub- division as shown by map of record in Volume 26, Page 12, Map Records, Nueces County, Texas, and a portion of Lot 12, Section 53, Flour Bluff and Encinal Farm and Carden Tracts as -shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly des- cribed by metes and bounds as follows: Beginning at a point being the most northerly corner of above- mentioned Lot 2; Thence N. 290 00' E., along a line, a distance of 100.0 feet to a point said point being on the most westerly line of Lot 12; Thence S. 61' 00' E., along a line that is 100.0 feet north- east of and parallel to the northeast line of Lot 2, a dis- dance of 12.5 feet to a point; Thence S. 29° 00' W., along a line that is 30.0 feet south- east of the northwest line of Lot 2, a distance of 370.0 feet to a point on the southwest line of Lot 2; Thence N. 61° 00' W., along the southwest line of Lot 2, a distance of 7.5 feet to a point; Thence N. 29° 00' E., along a line that is 5.0 feet south- east of and parallel to the northwest line of Lot 2, a dis- tance of 270.0 feet to a point; Thence N. 61° 00' W., along the northeast line of Lot 2, a distance of 5.0 feet to the point of beginning and contain- ing 0.075 acres, more or less. Together with a 22.5' wide temporary construction easement east of and adjacent to'the above described utility easement_to_be used for working room and storage of materials and equipment. Said temporary construction easement to be abandoned upon com- pletion of the project for which this easement is required. The tract of land to be acquired from Jon B. Held is described as follows: Being a tract of land out of Lot 12, Section 53, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at point being the most easterly corner of Lot 17, .Block 2, Waldron Oaks Subdivision as shown by map of record in Volume 19, Page 95, Map Records, Nueces County, Texas; 1-5931 1111CR0_EILMEDp 71404 Thence N. 290 00' E., along a line, a distance of 50.0 feet to a point; Thence S. 61° 00' E., along a line, a distance or 12.5 feet to a point;' Thence S. 29' 00' W., along a line that is 12.5 feet southeast of and'parallel to the southeast line of Lot 17, a distance of 285.0 feet to a point; Thence N. 61° 00' W., along aline, a distance of 12.5 feet to a point, said point being on the southeasterly line of Lot 17; Thence N. 29' 00' E., along the southeasterly line of Lot 17, a distance of 235.0 feet to the point of•beginning and con- taining 0.082 acres, more or less. Together with a 22.5' wide temporary construction easement east of and adjacent to the above described utility easement to be used for working room and storage of materials and equipment. Said temporary construction easement to be abandoned upon com- pletion of the project for which this easement is required. SECTION 2. There is hereby appropriated out of the No. 250 Sanitary Sewer Bond Fund the sum of $1,015 for acquisition. SECTION 3. The necessity to authorize acquisition of the aforesaid tracts of land and to appropriate the necessary sums in order that the project 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 and 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, having requested the suspension of said Charter rule and that this ordi- nance 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 /7 day of December, 1980. ATTEST: City'Secretary APP ED: DAY OF DECEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci orney MAYOR M!em THE CITY OF CORP S CHRISTI, TEXAS /( OAKDALE DRIVE to Carribbean Drive Sanitary Sewer Improvements -between Waldron Road and Jamaica Drive Parcel 3 'SANECARY S'WE;R EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE SENT.: COUNTY OF NUECEB TEAT Frame J. Bowers, Jr. and wife, Nancy R. Bowers, ' of the County of Nueces, State of Texas, for and in consideration of the sum of Nine Hundred Twenty Dollars and no Cents ($920.00) to us in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, have granted and conveyed, and by these presents do grant and convey unto the City of Corpus Christi, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: Being a tract of land out of Lot 2, Unit 1, Tropic Estates Sub- division as shown by map of record in Volume 26, Page 12, Map Records, Nueces County, Texas, and a portion of Lot 12, Section 53, FIour Bluff and Encinal Faxen and Garden Tracts as -shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly des- cribed by metes and bounds as follows: Beginning at a point being the most northerly corner of above- mentioned Lot 2; Thence N. 29° 00' E., along a line, a distance of 100.0 feet to a point said point being on the most westerly line of Lot 12; Thence S. 61° 00' E., along a line that is 100.0 feet north- east of and parallel to the northeast line of Lot 2, a dis- dance of 12.5 feet to a point; Thence S. 29° 00' W., along a line that is 30.0 feet south- east of the northwest line of Lot 2, a distance of 370.0 feet to a point on the southwest line of Lot 2; Thence N. 61° 00' W., along the southwest line of Lot 2, a distance of 7.5 feet to a point; Thence N. 29° 00' E., along a line that.is 5.0 feet south- east of and parallel to the northwest line of Lot 2, a dis- tance of 270.0 feet to a point; 'Thence N. 61° 00' W., along the northeast line of Lot 2, a distance of 5.0 feet to the point of beginning and contain- ing 0.075 acres, more or less. Together with a 22.5' wide temporary construction easement east of and adjacent to the above described utility easement to be used for working room and storage of materials and equipment. Said temporary construction easement to be abandoned upon com- pletion of the project for which this easement is required. A map of which is marked "Exhibit A", and attached hereto and made a part here- of for all purposes. Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, reconstructing, laying, and keeping sanitary sewer lines, and for the purposes of maintaining, servic- ing, repairing, and inspecting said lines under, on, and along said tract. To have and to hold, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas its successors and legal representatives, for the proper use as a sanitary sewer easement and sanitary sewer right- of-way, for so long as used for such purpose, and if the use for said ease- ment and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. WITNESS AT hand this the a,l st day of TRE STATE OF TEXAS COUNTY OF NUECES rvouri�aaz , 1980. ) res — .Nancc y R. Boweta BEFORE ME, the undersigned authority, a Notary Public in'and for Nueces County, Texas, on this day personally appeared Frame J. Bowers, Jr. and wife, Nancy R. Bowers, known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the'purposes and consideration therein expressed. GIVEN under my hand and seal of office this o115rday of Noy or+Utu- , 19 NO . Not Pdblic in andrror ces County, Texas Yoe. „. cuvttexoal Oakdale Drive to Carribbean Dr SS Improvements -between Waldron Road and Jamaica Dr Parcel 3 -2- Accepted for the City of Corpus Christi, a Municipal Cor- poration and body politic under the laws of the State of Texas, this day of , 19, _. ATTEST: By: R. Marvin Townsend City Manager CITY OF CORPUS CHRISTI City Secretary APPROVED AS TOyLEGAL FORM THIS Z7 ?ay of /�: fit ti , 19/0 ity Attorney bwN D • 1�le THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and officer whose name is subscribed'to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and, in the capacity therein stated. Given under my hand and seal of office this day of Notary Public in and for Nueces County, Texas Oakdale Drive to Carribbean Dr SS Imps. -between Waldron Rd and Jamaica Dr 1.1".77--41/'0. 'o I ms. r.) 3 Werra Coe i � I /— L p,s SFc S3 LOT /2 Gar 2 Tmporary. Cor,s/Y'ucf7on_. Eserner4 • N. GI "oo'µ/. 0 = - "ert/Z773F3E4N CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT' OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: FrQme J. QoWara , Jr DESCRIPTION: Paece/ A/0.3 PROJECT: (94kda /e !Drive San'/dry arc-• /o-ao-8r• ' L---,64'/c3i; '4' Perrna.nrnf Area: 3275. as o'i of //.;Uoosr Tmporary .4,e&: 5F o,.f of //6 ao SI RY: AM6 Oakdale Drive to Carribbean Drive Sanitary Sewer Impr. -between Waldron Road and Jamaica Dr. Parcel 4 THE STATE OF TEXAS CCJETy OF NOECES SANITARY SEWER EASEMENT KNOW AIS MEN BY THESE PRESENTS: THAT Jon B. Held, of the County of Nueces, State of Texas, for and in consideration of the sum of NINETY FIVE DOLLARS AND NO CENTS ($95.00) to me in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, have granted and conveyed, and by these presents do grant and convey unto the,City of Corpus Christi, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: Being a tract of land out of Lot 12, Section 53, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at point being the most easterly corner of Lot 17, Block 2, Waldron Oaks Subdivision as shown by map of record in Volume 19, Page 95, Map Records, Nueces County, Texas; Thence N. 29° 00' E., along a line, a distance of 50.0 feet to a point; Thence S. 61° 00' E., along a line, a distance of 12.5 feet to a point;' Thence 8: 29' 00' W., along a line that is 12.5 feet southeast of and.parallel to the southeast line of Lot 17, a distance of 285.0 feet to a point; 00' W., along a -line, a distance of 12.5 feet to point being on the southeasterly line of Lot 17; 00' E., along the southeasterly line of Lot 17, 235.0 feet to the point of•beginning and con - .acres, more or less. Thence N. 61° a point, said Thence N. 29° a distance of taining 0.082 Together with a 22.5'.wide temporary construction easement east of and adjacent to the above described utility easement to be used for working room and storage of materials and equipment. Said temporary construction easement to be abandoned upon com- pletion of the project for which this easement is required. A map of which is marked "Exhibit A", and attached hereto and made a part here- of for all purposes. Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, reconstructing, laying, and keeping sanitary sewer lines, and for the purposes of maintaining, servic- ing, repairing, and inspecting said lines under, on, and along said tract. To have and to hold, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas its successors and legal representatives, for the proper use as a sanitary sewer`easement and sanitary sewer right- of-way, for so long as used for such purpose, and if the use for said ease- ment and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. WITNESS (AY hand this the THE STATE OF TEXAS COUNTY OF NUECES br daY of P4 o % st1 exit. , 19 So - BEFORE ME, the undersigned authority, a Notary Public in'and for Nueces County, Texas, on this day personPliy appeared Jon B. Held, known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he (she) (they) executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this ► DTday of N o u erlaan.. , .19$° . Oakdale Dr to Carribbean Dr SS Impr -between Waldron Rd and Jamaica Dr Not Public in an r Ntteces County, Texas Som M. RP,ti Nome . -2- Accepted for the City of Corpus Christi, a Municipal Cor- poration and body politic under the laws of the State of Texas, this day of 19'• ATTEST: By: R. Marvin Townsend City Manager CITY OF CORPUS CHRISTI City Secretary APPROVED AS TOLEGAL FORM THIS: pc,day of Ame40 . , 190D. THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this Oakdale Dr to Carribbean Dr SS Impr -between Waldron Rd and Jamaica Dr vn,-pel 4 -meld day of , 199 Notary Public in and for Nueces County, Texas -3_. Lot /7 with Cor. Lit/7 '1 O.o'.CrL L : L :2. 5. (o/`ao'E /Z. -• 225 1 CG73� r, Lo/ /7— WAt t D 2c,t/i 64k5 PLoc. 2 Lot. •-/7 ,1/.6/"oo'W /Z.5 c 53 Lar /Z Tcmpora7j/ conzfr.,ctia,7 .Ec1 z�ne�t CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: Jo^" B. HELD • DESCRIPTION: pgecEL A/o. PROJECT:Oa/ 044E 02/✓s S.o.virrR/ S&WE2 nnTF: /0-P)- 00 scat.F: /"-ao RY' 4/4/5 Z;(/f/2 /7- 'A' $rnanrer�t /irrrc : 3S6 /. B9 sF Trn/�iary_grcG: (¢/Z.5 3F CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 26, 1980 44 I certify to the City Council that $ 1,015.00 , 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 250 Sanitary Sewer Bond Fund Project No. 250-77-31 Project Name Oakdale Drive Sanitary Sewer Laterals from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Oakdale Drive to Caribbean Dr SS Impr -between Waldron Rd and Jamaica Dr Parcels 3, 4 'easement acquisition' FIN 2-55 Revised 7/31/69 402---k- j 719 rd Director o Finan r Corpus Christi Te s pp day o 19P 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, MAYORrg: em_ THE CITY OF COTS CHR, TI, TEXAS The Charter rule was suspended by the follow7fi/g vote: Luther Jones L "- {� Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky by the following vote: 15937