Loading...
HomeMy WebLinkAbout16339 ORD - 06/24/1981AN ORDINANCE CLOSING AND ABANDONING AN UNOPENED, DEDICATED TWENTY- FIVE FOOT WIDE RIGHT-OF-WAY KNOWN AS SWACO STREET AND DEDICATED OUT OF THE SWACO TRACT, AS SHOWN BY PLAT FILED OF RECORD IN VOL. 26, PAGE 2, MAP RECORDS OF NUECES COUNTY, SUBJECT TO EXECUTION OF AGREEMENTS WITH KO -MAC CORPORATION AND WITH F & D INVESTMENTS RELATING TO DEFERRING STREET AND DRAINAGE IMPROVEMENTS AND PAYMENT FOR THE SAME, SAID AGREEMENTS TO BE ENTERED INTO BY AND BETWEEN THE NAMED FIRMS AND THE CITY OF CORPUS CHRISTI; PROVIDING FOR DEDICATION OF A THIRTY-FOOT STRIP OF LAND TO BE KNOWN AS LANDS ROAD; AND DECLARING AN EMERGENCY. WHEREAS, at its regular Council meeting on February 6, 1980, the City Council conducted a public hearing, pursuant to notice having been duly given, concerning closing and abandonment of a 25 -foot dedicated street right ofwayknown-as Swaco Street, located adjacent to Lots 1 and 2 of SWACO Tract; and -WHEREAS, at said public hearing, the City Council agreed to close the aforesaid right of way conditioned upon the dedication of an alternate street right of way along the northeast portion of Lot 1, SWACO Tract, and dedication of an alternate street right of way along the northeast portion of the F and D tract, being a 13.869 acre tract of land out of Lot 5, Section 7, Bohemian Colony Lands, and upon further stipulations for develop- ment of said alternate streets rights -of way; and WHEREAS, it is expedient that the City and the owners of the afore- said properties enter into an agreement for and in consideration- of the closing of Swaco Street and the exchange of other mutual covenants and agreements: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF -CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby closed the unopened, dedicated twenty-five foot wide right-of-way known as Swaco Street and dedicated out of SWACO Tract, as shown by plat filed in Vol. 26, page 2, Nueces County Map Records, subject to execution of agreements with the KO -MAC Corporation and -with F & D Investments relating to deferring street and drainage improve- ments and payment of same. SECTION 2. That the City Manager be and he is hereby authorized to execute agreements with the aforesaid landowners concerning dedication of right of way, construction of drainage improvements, street improvements 16339 UP 2 71984 and proportionate distribution of costs, all as more fully set forth in the agreements, a substantial copy of each being attached hereto and made a part hereof, marked, respectively, Exhibits "A" and "B". SECTION 3. The necessity to authorize execution of the aforesaid agreements at the earliest practicable date creates a public necessity requiring the suspension of hte 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 or Council members, having declared that such necessity exists, hav- ing 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 day of June,.1981. ATTEST: 4Ci t S� t-G?dMAYOR \\ THE CITOF CORPUS CHRISTI, TEXAS APPROVED: DAY OF JUNE, 1981: CE AYCOCK, CITY ATTORNEY By Assistant ity/' 4 orney AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES X WHEREAS, at its regular Council meeting on February 6, 1980, the City Council of the City of Corpus Christi, hereinafter referred to as "City" by ;motion agreed, conditioned upon certain other actions first occuring, to close and abandon a 25 foot dedicated street right-of-way known as.Swaco Street_ located adjacent to Lots 1 and 2 of SWACO Tract -(Exhibit A) and,- WHEREAS, as a condition precedent to said Street closure and abandon- - ment, K0 -MAC Corporation, owner of Lot 1, SWACO Tract, hereinafter referred to as "Owner", was requested to dedicate to the public an alternate street - right -of -way along the northeast portion of Lot 1, SWACO Tract, and agreed to 'further stipulations for development of said alternate street right-of-way. NOW, THEREFORE, for and in consideration of the closing of Swaco Street, and the exchange of other mutual covenants and agreements, each of which is considered by the parties to be a valuable right, City and Owner - covenant and agree as follows: - 1. City agrees that the improvements to the right-of-way to be dedicated by separate instrument along the northeast boundary of the subject lot, including provision for drainage of Lot 1, SWACO Tract, consistent with City's Platting Ordinance, may be deferred until such time as the owners of the tract of land adjacent to the northeast boundary of the -subject lot dedicate - the remaining one-half of Lands Drive by execution.of a dedication deed or by recording a subdivision plat, or until such time as City determines that the public interest requires that the improvements be constructed, whichever -first occurs. 2. It is expressly agreed and understood that at the time the require- ment for development of the street right-of-way and drainage improvements is imposed upon Owner, one-half of the cost of street improvements and the full cost of drainage improvements for the subject tract will be borne by Owner and the Owners of the tract of land adjacent to and contiguous to the southeast boundary of the subject tract, herein referred to as the "F and D Tract". -1- The cost of drainage improvements applicable to Lot 1, SWACO Tract will be determined by dividing the total cost of off-site drainage facilities necessary to serve Lot 1, SWACO Tract, and the F and D Tract, consistent with the Platting Ordinance and the 1961 Master Plan for Storm Drainage as amended, including all related downstream costs, by the total acreage in Lot 1, SWACO Tract and the F and D Tract. If the owners of Lot 1, SWACO Tract and the F and D Tract do not agree as to the distribution of costs, the Director of Engineering of City shall determine the cost applicable to each owner. 3. This agreement and the obligation to construct said street and drainage improvements shall be enforceable by specific performance, shall be binding upon the parties, their respective. successors and assigns, shall • constitute a covenant running with the land and such instrument shall be filed- -of record forthwith upon execution. EXECUTED IN DUPLICATE this the day of , 1981. ATTEST: Secretary ATTEST: KO -MAC CORPORATION By: Title CITY OF CORPUS CHRISTI By: Bill G. Read, City Secretary • R. Marvin Townsend, City Pianager APPROVED: day of - J. BRUCE AYCOCK, CITY ATTORNEY , 1981. By: Assistant City Attorney Department Head THE STATE OF TEXAS X COUNTY OF NUECES 1 Before me, the undersigned authority, on this day personally appeared 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 KO -MAC Corporation, for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this the-- day of , 1981. THE STATE OF TEXAS COUNTY OF NUECES X X Notary Public, Nueces County, Texas Before me, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,. 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 con- sideration therein expressed and in the capacity therein stated_ Given under my hand and seal of office, this the day of , 1981. Notary Public, Nueces County, Texas /, J�,i_ ha a,t Go.�✓-'v//iii .Cr79,w cer, 4 r ?/ rc-d /1�,(s �/4i1 J�rO�li /iO�CS ere1 vd/ ✓C fQ' kJ, O/i i �/cY- " c:-,•24/ /se" ,(.1 7PtlC de%O, "cv•rccf• /.5, ' 74. sPv.*N511 .e: e'"- .... ; ma+ �i 14. JOHN W. HU?c7V 10437 p r,L cYj 'Pr cr •'•, ,157'N,.•V • e5.:/t: c..r4 ,.f?•: •^r; <o9 0 . :v uA. v. t X. ••-3c.: ET; L. • 4o0• .e . ro•t!• , e 1eQ GOCE q •. • 'n .E? •' r,Lf ,_1.6, r..I•Do .rJ2 9•E - ?os. 4( • 23•Ic - G977-3 .L.o.T.S• . I....,II�C...,2 BC, i ,,L,O,C f �, $.3.). AC.Q.._.IT .AC i f-1'-�.•.f-- f‘„ .UE.CF§ COUNTY . 'TEXAS- . deL.tA.pit 1846 47crets a.,,:o a/ . 6775. ow., -,:vi, 74e �11O,0 /,; 1 d//...;24,:,14:le.•,0,.. sf//C4.c.5`,'! , M4!!4cYo,•rt7y. ,I /pr ChAle .E m,$Q, c,a z c,, ' yl. I • Ni I • _Z. ccP74io,7 41 z ' s I• J• �:: ' SlticrCo Gocc S 29!c/ /.2.7o..G_.... i. ! _. . • Jla-/R .57.6/.k'S ore'Cd.)cra ' Preveous. xs•.S4- '.O d c0,Goi Cn7 .- ere) 4., f �f I N111 U. t Pf ••ll t!: 4) M. •y�, m 0 N Rf - ' • - • -VC!. is "'sr •L tom• ` r- • • C. i4 0.9c. vf+:% ♦ae.a 11 10 pre •••• 9 4'•r • l9 8 61. 7 O • N z 0 rf cn z 1J GREENWOOD t r n ••• t' c +G: ,, -s• 3 I •.. •. Sirt c o a »!' y 41 r ,p... 2 : + -s Yet (J •o c L01• • 100 • . r•.HARWICK OR. 9 t:0• r• z 0 N tar e s n0 taar.fr 4r[ ./rr•w. .7«o.• ••t ./>". name -not ODM to.travet :- . .... \E ... ?f •ti • )1U$r p1J JS Z O • SARAH OR. t sot opento travel -ra-re i • • at .1:0C• .<.•. sr •r A z 0 a N • 27 •0 f• '\t • - w IPa A .. /M n• 0 .7.' O .7290. /+f.• • Icy." ` THE STATE OF TEXAS. X COUNTY OF NUECES X AGREEMENT WHEREAS, at its regular Council meeting on February 6, 1980, the City Council of the City of Corpus Christi, hereinafter referred to as "City" by motion agreed, conditioned upon certain other actions first occurring, to close and abandon a 25 foot dedicated street right-of-way known as Swaco Street located adjacent to Lots 1 and 2 of SWACO Tract as.shown by plat thereof recorded in Volume 40, Page 127, Map Records of Nueces County, Texas (Exhibit A), and WHEREAS, as a condition precedent to said street closure and abandon- ment, F and D Investments, a Texas Corporation, owner of 13.869 acres out of Lot 5, Section 7, Bohemian Colony Lands as shown by plat recorded in Volume A, Page 48, Nap Records of Nueces County, Texas, hereinafter referred to as "Owner", was requested to dedicate to the public an alternate street right-of-way along the -northeast portion of their tract, hereafter referred to as the "F and D -Tract"-and agreed to further stipulations for development of said alternate street right-of-way. NOW, THEREFORE, for and in consideration of the closing of Swaco Street, and the exchange of other mutual covenants and agreements, each of which is considered by the parties to be a valuable right, City.and-Owner covenant and agree as follows: 1. Owner will dedicate, by platting, to the public for street right- of-way ightof-way and other municipal purposes, a 30 foot strip of land, to be known as Lands Road, along and adjacent to the northeast boundary of property proposed -to be platted as Lot 5, Block 1, Saratoga Place as set forth on Exhibit B. 2. City agrees that the improvements to the dedicated right-of-way, to be dedicated by recorded plat, along the northeast boundary of the subject tract, to be known as Lands Drive, including provisions for drainage of the F and D Tract, may be deferred until such time as the owner of the tract of land adjacent to the northeast boundary of the F and D Tract dedicates the remaining one-half of Lands Drive by execution of a dedication deed or by recording a subdivision plat or until such time as the City determines that the public interest requires that the improvements be constructed, whichever first occurs. -1- 3. It is expressly agreed and understood that at the time the require- ment for development of the street right-of-way and drainage improvements is imposed upon owner, one-half of the cost of street improvements and the full cost of drainage improvements for the subject tract will be borne by owner and the owner of Lot 1, SWACO Tract. The cost of drainage improvements applicable to the F and D Tract will be determined by dividing the total cost of off-site drainage facilities necessary to serve Lot 1, SWACO Tract, and the F and D Tract consist- . ent with the Platting Ordinance and the'1961 Master Plan for Storm Drainage, as amended, including all related downstream costs by the total acreage in Lot 1, SWACO Tract, -and the F and D Tract. If the owners of Lot 1, SWACO Tract, and the F and D Tract do not• agree as to the distribution of costs, the Director of Engineering of City shall -determine the cost applicable to each owner. - 4. -Within 30 days of execution of this agreement, the owner shall submit to City's Director of Engineering and Physical Development a plan consistent with the 1961 Master Plan for Storm Drainage for drainage of the _subject property. All costs associated with .the preparation and implementation of said plan shall be borne by owner. 5. Owner agrees that the F and D Tract will be submitted to the City for platting into the•proposed Lot 5, Block 1, Saratoga Place.asreferenced herein within 45 days of the_date of this instrument and that said plat will. promptly be recorded. - ~ 6. This agreement and the obligation to construct said street and - drainage Improvements shall be enforceable by specific performance, shall be binding upon the parties, their respective successors, and assigns, shall constitute a covenant running with the land and such instrument shall be filed of record forthwith upon execution. EXECUTED IN DUPLICATE this the day of , 1981. ATTEST: F AND D INVESTMENTS By: Secretary Title: ATTEST: CITY OF CORPUS CHRISTI By: Bill G. Read, City Secretary R. Marvin Townsend, City Manager, APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney , 1981. Department Head + - THE STATE OF TEXAS X COUNTY OF NUECES appeared X Before me, the undersigned authority, on this day personally 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 smae as the act and deed of F &.D Investments, for the purposes and consideration therein expressed and in the capacity therein stated. ' Given under my hand and seal of office, this the 1981. day of Notary Public, Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES- Before me, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager cf the City of Corpus Christi, 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 con- sideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this the day of , 1981. Notary Public, Nueces County, Texas Pl 1 • i 0 r L N . JCJ. /J /•'•/ O .lr••we .1,4-'4 et is Cl t io Set ".A. 7 N so z so O z a .ZI r. C •• • - a o .�. •'e'. :"• .. to .. 'II .✓1 sr ; C".% / C.M1•t M� C =HARWICK DR. too c •.r. I.. •+/•N /WO., 4. s Inn �... HTV t'•••1 2 :-'. /re• r+n' r. r a a .a a users' •salt -. 0 no name-notoventotmvet ('. L. „4o..14e,Y) rt Dzir4r, O. 11.9. .4 . Atte e ti 1.r a,. Jr 3 \� SARAH CR: net opanto travel t :.. rev. 4.1 i 7; >•� • I. . x.4 i .I• 0 3 0 /LI0• 0 J.4 G cull oi/ 'f ii Corpus Christi, Texas _ _(day of 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, Respectfully, MAYO Council Members T e Ci f Corpus Christi, Texas The Charter rule was suspended by the following vote: Luther Jones Betty N. Turner �e Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones ' Betty N. Turner (.2.4r,q Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky a 16339