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Home My WebLink About16231 ORD - 05/06/1981jkh:5-6-81;lst TEXAS: AN ORDINANCE ` AUTHORIZE THE CITY MANAGER TO EXECUTE AN'AGREEEMENT WITH SITTERLE' PROPERTIES WHEREIN SITTERLE WILL DEDICATE CERTAIN DRAINAGE RIGHTS OF WAY AND EXCAVATE PORTIONS OF THE WEST OSO DRAINAGE CHANNEL, AND THE CITY WILL PUR- CHASE PORTIONS OF DRAINAGE RIGHT OF WAY AT AN APPROXIMATE COST OF $19,208, 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. r ,BE IT ORDAINED BY THE CITY COUNCIL OF THE-CITY•OF CORPUS CHRISTI, •t , SECTION 1.' That the'rCity Manager be and he•,is hereby authorized • > to execute an agreement with Sitterle Properties wherein'Sitterle will dedicate . • certain drainage rights of way and 'excavate portions ,of the West Oso Drainage, Channel, and the, Ci-ty'will purchase portions of drainage or -light of. way at. an' • approximatelcost of $19,208', all as more fully set.•forth in the agreement,'. a,substantial copy' of -which is attached hereto and -•made apail"hereof, marked Exhibit "A"• ; ,. y, ' . _.,, rtW yam",l-i•ic•`` .7•.•• _ ♦ s t ,�.•. • SECTION; 2„ The necessity,: to' authorize• ex"ecuti en.of, the1 above described agreement :in,'or•'der that•the Gabriel Terrace,, Drainage, Outfall project, may completed at.rthe'earliest-'praacticable,date creates`-abpublicaemergency'. and necessity requiring` thesuspension of the Charter rule„that no'ordinance ' or r'eso,lution'shall fbe,:pass,ed'finally on the: date ofsit's•intr duction but that such ordinance or.resolution- shall be read at •three several meetings Of hV. the City Council' ; , and, the-Mayoror Council.-members,'Nevi ng,declared that such emergency, and necess•ity:eki'st, 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 fron and,,after. its passage', ^-lj• IT IS ACCORDINGLY SO ORDAINED this the -"day of May, 1981. ' ATTEST: • C-ity Secretary- APPI8VED: " . t DAY OF MAY, 1981: J. BRUCE YCOCK, CITY ATTORNEY By ` ssistant MAYOR THE CITY OF CORPUS CHRISTI, TEXAS, orney • MICROFILMED. ,SEP 27198! , _ 4. • • • THE STATE OF TEXAS THE COUNTY OF NUECES WHEREAS, Sitterle Properties, a partnership, and any future association or joint venture in which Sitterle Properties may participate for the development of the property herein described, hereinafter called "Developer", proposes to develop certain properties which it owns or will own, between Padre Island Drive, Bear Lane, Cliff Maus Road and Old Brownsville Road, generally as shown on Attached Map Exhibit A, which map is incorporated herein for all purposes, and WHEREAS, the City of Corpus Christi, hereinafter called "City" administers the City's Master Plan through ordinances, and platting and zoning provisions, and WHEREAS, in order for Developer to fulfill its obligation with respect to drainage, the Muster Plan drainage facility should be modified in part, THE FOLLOWING AGREEMENTS hove been made between City and Developer: 1 . A dedication will be made by Developer of 50' right-of-way, indicated on Map Exhibit A as Parcel A, and marked in vermillion- color. 2_ A dedication will be made by Developer of a triangular' parcel of land, indicated on Map Exhibit as Parcel B, and marked in blue color. 3. A dedication will be made by Developer of a 90 foot right-of-way connecting Parcel A and Parcel C, indicated on Map Exhibit A as Parcels D - 1 and D - 2, and marked in green color, excluding that section which crosses-.- OId Brownsville Road and marked as Parcel G. 4. Developer will provide a 100' right-of-way, indicated on Map Exhibit A as Parcel E and outlined in blue . The West 50' plus the triangular area whose dimensions are approximately 7' by 100' which are marked in vermillion will be dedicated by Developer. The City will compensate' Developer for the east 501 as described in paragraph 14 below. 5. Developer will provide a 100' right-of-way, indicated on Mcp Exhibit A as Parcel C, and outlined in red, for which the City shall compensate Developer as indicated in paragraph 14 below . B 6. Excavation will be done by Developer, at its expense, of the drainage ditch from Bear Lane to the south end of Parcel C, and from the south end of Parcel C to the northeast right-of-way line of South Padre Island Drive excepting the Old Brownsville Road right-of-way crossing, which will be installed by the City or the State Highway Department. Excavation of the drainage ditch from Old Brownsville Road to South Padre Island Drive will be per the typical cross-section shown on Exhibit "A" (i .e ., Master Plan full section).From Old Brownsville Road to Bear Lane a "pilot ditch" or less than a "full." section ditch will be constructed, as approved by City, at Developer's expense . A "pilot ditch" shall be defined as a ditch sized to drain the Developer's property and that drainage currently along Bear Lane, based on a 5 year storm intensity design criteria . 7. Any materials removed from land dedicated by Developer shall be available for its use regardless of the entity financing the excavation operations. Where the land was previously owned or subsequently purchased by the City, materials excavated by Developer shall be retained for use by Developer; materials excavated by the City or financed by the City shall be disposed of at the City's discretion . 8 . Should the City at any time decide that an existing ditch cross-section within this area is insufficient and requires additional excavation, the City shall have the right to proceed with City forces or by contract and dispose of such excavation as the City sees fit. 9. The City agrees that the right-of-way illustrated in Exhibit A.is accepted as a dedication in lieu of the Master Plan provision, and will initiate- Master Plan- changes accordingly. 10. The City agrees to arrange for a Public Hearing relative to the closure Rockford Drive and Old Brownsville Road to Cliff Maus Drive. Should objections be raised to the closing of the road between the Sorensons tract and the Church tract east of the proposed drainage facility and abutting Rockford Road, the City will pursue. closing from the drainage right-of-way to Old Brownsville Road. 11 . The City will purchase a 40' right-of-way from the Sorensons, which right-of-way is indicated on Map Exhibit A as Parcel F, and marked in yellow color. 12 . It is the understanding of the parties that when the Sorensons plat and improve their adjacent property, an additional 10' of right-of-way along the east side of Parcels F,D-1 and D-2 will be required to be dedicated in order to meet the platting obligation, thus completing the required 100' easement. 13. The City will cause that portion of the•drainage facility which crosses Old Brownsville Road (indicated on Map Exhibit A as Parcel G) to be constructed. The City will seek construction by the State, but will, in any event, assure that the crossing facility will be in place in sufficient time for use by -the Developer, in conjunction with development of subject property. 14. City will compensate Sitterle as follows: a. The east 50' of Parcel E, an area of approximately 0.404 acres will be compensated at the rate of 510,239.00 per acre . b. Parcel°C, an area of approximately 1 .472 acres will be compensated at 510,239 .00 . c. Using the approximate figures in a and b, above the estimated'-' acreage for which the City will compensateDeveloperis 1 .876. Multiplying by $10,239.00 per acre . The approximate total compensation paid Developer by City will be $19,208.00. Exact acreage and compensation will be based upon accurate metes and bounds descriptions when they are available .. 15. Developer will furnish metes and bounds descriptions of all property dedicated to include Parcel C, Parcel F, and 100 foot by 7 foot triangular strip adjacent to Parcel E. " "'I MVP ISIIM+7.+4 d19F �•llll� 14t'At+m I IIA.i...�.�.a... • DATED CITY Or. CORPUS CHRISTI By: R .Marvin Townsend City Manager The State of Texas' County of Nueces Before me, a Notary Public, on this day personally appeared known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed . Given under my hand and seal of office this day of A.D.19 Notary Public in and for Nueces County, Texas My commission expires the - day of ,19 APPROVED AS TO LEGAL FORM : /y � /9d'/ ✓. 5race A-ycdc%-., Cir/4661- ey /, City Attorney DATED SITTERLE PROPERTIES Frank J . Situ' ice'resident The State of Texas County of Nueces Before me, a Notary Public, on this day personally appearedih,„, 9, known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this /.0 day of Y7cuy- r29,d7ir , (mac "c/-/ tY Notary Public in and for NS:;ces County, Texas EAEEN F. CROW My car mission expires the` dcy c '5 F�' Corpus Christi, Texas day of , 19 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, } Council Members The Charter -rule Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. -Kennedy Cliff Zarsky The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Respectfully, MAYOR The City of Corpus Christi,'Texas was suspended by the following vote: was passed by the following vote: 16231 4 C/Ty To COMPENSATE PARCEL 'E" gPGi.L'\ rF TYP/CAL: Q/TCH SCT/ON OLD D 'OWNSV/LLE KD. TO cr Pa4L' /BLAND DR/VE • pQP PARCEL F " .a'~a Lam '• C. ; f `,. 1 • 't PARCEL "A" ax/6/NAL ROUTE — — PROF OED ROUTE A f1A1/44b4 EXHIBIT "Ali 544LE t 5.121119126 1 6