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
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` 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
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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