HomeMy WebLinkAbout16581 ORD - 10/07/1981sp;10/5/81.;1st r,
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NEC-
ESSARY FOR THE ACQUISITION OF A DRAINAGE EASEMENT FOR
THE CABANISS ACRES AREA DRAINAGE IMPROVEMENTS PROJECT;
APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND
FOR PROJECT NO. 295-77-9 THE SUM OF $3,140 FOR ACQUI-
SITION; 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 the documents necessary for the acquisition of a drainage ease-
ment for the Cabaniss Acres Area Drainage Improvements Project all as more
fully set forth in the documents, substantial copies of which are attached
hereto and made a part hereof, marked Exhibit A.
SECTION 2. That there is hereby appropriated $3,140 out of the
No. 295 Storm Sewer Bond Fund for Project No. 295-77-9.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
acquiring land for a drainage easement so that the Cabaniss Acres Area Drain-
age Improvements Project may proceed in a timely manner, such finding of an
emergency is made and declared requiring suspension of the Charter rule as
to consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency this 7 day of October, 1981.
ATTEST:
Ci ecretary iR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: DAY OF OCTOBER, 1981
cock,
J. �uce �, cock, City � torney
�Fp 27 1OQA
16581 MICROFILMED
abaniss Acres Area Drainage Impr.
-Greenwood Dr. between Saratoga Blvd. &"Gavilan St.
Parcels 1, 4 & 5
DRAINAGE EASEMENT
THE STATE OF TEXAS
X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
THAT SARATOGA DOWNS ASSOCIATES, a Texas General Partnership,
hereinafter referred to as "Grantor", whether one or more, by and
through its duly authorized Partner and Trustee, FRED BRASELTON,
owns fee simple title to certain real property situated in Nueces
County, Texas.
Pursuant to the request and requirements of the City of
Corpus Christi, it is the intent of Grantor to grant and convey
to the City of Corpus Christi, Texas, an easement over, on,
through and across the property of Grantor in furtherance of the
Cabaniss Acres Area Drainage Improvements Project adopted by the
City of Corpus Christi.
For and in consideration of THREE THOUSAND ONE HUNDRED FORTY
AND NO/100 DOLLARS ($3,140.00) and for the further consideration
of the mutual covenants and conditions, and expressly conditioned
thereon, from the City of Corpus Christi, Grantor, as the owner
of the fee simple title to the land herein described, does grant
and convey to the City of Corpus Christi, Texas, for the purpose
of providing drainage to the lands deemed necessary and advisable
by the City of Corpus Christi, Texas, to be so drained thereby,
as such drainage may be required to further the intent and pur-
pose of the Master Drainage Plan for the City of Corpus Christi
and the Cabaniss Acres Area Drainage Improvements Project, sub-
ject to the conditions herein contained, the free and uninter-
rupted use, liberty, privilege and easement of going in, on,
over, under and along the three parcels or tracts of land situated
in Nueces County, Texas, described on the attached Exhibit "A",
which Exhibit "A" is incorporated hereby in reference (the
"Easement Tract" or "Easement Tracts", or specifically designated
-1-
tract therein), and as further shown or illustrated on maps or
plats attached hereto as Exhibit "B", together with the free
ingress, egress and regress for the purpose of constructing,
laying, installing, repairing, maintaining, operating, relocating,
removing and replacing property, structures, improvements and
facilities comprising a public storm drainage facility, line,
channel and/or pipeline, and hereinafter referred to as the
"Easement".
The Easement granted hereby is made subject to the following
terms and provisions, and by acceptance of this Agreement, the
City of Corpus Christi expressly agrees as follows:
(1) The City of Corpus Christi shall be responsible for all
damages which may arise from the maintenance, operation, repair,
replacement, removal, or the relocation of any structure and/or
improvements within the Easement, except damages that may result
from the work or diversion of water by others than the City of
Corpus Christi which relate to construction of ditch and struc-
tures for development of subdivision which may drain through this
Easement.
(2) The City of Corpus Christi does hereby authorize and
grant Grantor herein the express privilege and entitlement to
develop adjoining tract or tracts of property pursuant to the
preliminary plans heretofore submitted to the City of Corpus
Christi by Grantor and approved by the City of Corpus Christi
Engineering Staff, said preliminary plan or plats being of record
at the City of Corpus Christi, and said development shall be
without further dedication or cost than otherwise shown on said
approved plans, including but not limited to, the abandonment and
rededication and relocation of the streets or right-of-ways shown
thereon. The City of Corpus Christi expressly agrees that all
excess soil and dirt excavated from the Easement or Easement
Tracts described herein shall, at the election of Grantor, remain
the property of Grantor, and shall be placed on property adjacent
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
Saratoga Downs Assoc.
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to the Easement Tract. The City of Corpus Christi does further
agree to backfill and grade off any portion of the existing
drainage ditch abandoned by the relocation of the herein de-
scribed drainage easement, said abandoned portion being adjacent
to and parallel with the herein described City Parcel No. 1 as
same parallels the Central Power & Light Company 20 -ft. easement
paralleling and adjacent to the said described Parcel No. 1.
Grantor does hereby reserve the right to drain lands adja-
cent to or in the general vicinity of the Easement Tract, or
Easements, including but not limited to, the planned subdivision
to the City of Corpus Christi, Saratoga Downs, as well as rights
to cross over and construct all such structures as are necessary
or reasonable to meet the City Platting requirements for the
development of Grantor's property adjacent to said Easement Tract
or Easements, said development being "Saratoga Downs", a planned
subdivision in the City of Corpus Christi. Except as provided
herein, Grantor shall not construct or install any buildings,
Improvements or structures over, across or on the Easement
Tracts.
This Drainage Easement Agreement shall be binding upon and
inure to the benefit of Grantor and to the City of Corpus Christi,
and their respective successors, assigns, transferees, heirs and
personal representatives. The Easement shall be perpetual, and
shall be a covenant running with the land of Grantor, now and
forever. It is expressly understood that the conveyance here is
in all things subject to all easements, rights-of-way and reser-
vations, if any, burdening or otherwise affecting said property,
including those shown and reflected by instruments of record in
Nueces County, Texas, reference to which is here made for all
purposes. This instrument and the agreements contained herein
shall in no way operate as a waiver by Grantor of any objections,
entitlements, or causes of action, if any, against the City of
Corpus Christi with regard to the Easement, preliminary plan
hereinabove described, Saratoga Downs subdivision, or otherwise.
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5 -Saratoga Downs Assoc.
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WITNESS our hands this day of September, 1981.
ATTEST:
GRANTOR:
SARATOGA DOWNS ASSOCIATES,
a Texas General Partnership %
By -�'�(��ZrAGe t/I
FRED BRASELTON, TRUSTEE and
General Partner
GRANTEE:
THE CITY OF CORPUS CHRISTI
By
Ernest M. Briones, Acting
City Manager
APPROVED:
Assistant City Manager
CITY SECRETARY
APPROVED AS TO LEGAL FORM
THIS _3+1 DAY OF SEPTEMBER, 1981.
A-a/
4,Cl/.CITY ATTOR3Y
R.W. COFFIN //
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared FRED BRASELTON, TRUSTEE and GENERAL PARTNER of SARATOGA
DOWNS ASSOCIATES, a Texas General Partnership, known to me 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, in the capacity therein
stated and as the act and deed of said General Partnership.
VEN}JNDER MY HAND AND SEAL OF OFFICE, this the day
er, 1981.
on expires:
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
Saratoga Downs Assoc.
NOTARY PUBLIC, in and for
the State of Texas
-4-
SUSAN WILLIAMS
My Commission Expires 10-9-84.
THE STATE OF TEXAS
COUNTY OF NUECES
X
BEFORE ME, the undersigned authority, on this day personally
appeared JAMES K. LONTOS, P.E., Assistant 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 the day
of September, 1981.
My Commission expires:
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
Saratoga Downs Assoc.
NOTARY PUBLIC, in and for
the State of Texas
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EXHIBIT "A"
Cabaniss Acres Drainage Improvements
TRACT I (City Parcel #1)
Being a tract of land out of Lots 6 and 7, Section 7, Bohemian
Colony Lands as shown by.map of record in Volume A, Page 48,
Map Records, Nueces County, Texas, and more particularly
described by metes and bounds as follows:
Beginning at a point being the most northerly corner of above-
mentioned Lot 6 and the most westerly corner of abovementioned
Lot 7;
Thence N. 29° 00' E., along the northwesterly line of Lot 7
said line also being the centerline of Greenwood Drive, a
distance of 2.0 feet to a point;
Thence S. 610 30' E., along a line that is 2.0 feet northeast
of and parallel to the southwest line of Lot 7, a distance of
40.00 feet to the point of beginning, on the southeasterly line
of 80foot Greenwood Drive right-of-way;
Thence continuing S. 61° 30' E., a distance of 369.88 feet to
a point;
Thence S. 29° 00' W., along a line, a distance of 75.0 feet to
a point;
Thence N. 61° 30' W., along a line that is 73.0 feet southwest
of and parallel to the northeast line of Lot 6,.a distance of
369.88 feet to a point on the aforesaid southeasterly line of
Greewood Drive;
Thence N. 29° 00' E., along said southeasterly line of Greenwood
Drive, a distance of 75.0 feet to the point of beginning and
containing 0.63 acres, more or less.
TRACT II (City Parcel #4)
Being a tract of land for drainage easement out of Lot 7,
Section 7, Bohemian Colony Lands, a subdivision as shown by
plat in Volume A, Page 48, Nap Records, Nueces County, Texas,
and further described by metes and bounds as follows:
Beginning at a point, on the south right-of-way line of 60 foot
wide Frio Street, which bears N. 290 E., 480.29feet and S. 61°
33' E., 339.89 feet from the west corner of said Lot 7;
Thence along said right-of-way and the arc of a circular curve
to the left whose initial tangent is S. 610 33' E., angle =
30 47' 46", radius = 1057.68 feet, tangent = 35.05 feet, a
distance of 70.07 feet to a point for a corner;
Thence S. 290 W., 480.88 feet to a point for a corner;
Thence S. 61° 30' E., along a line 2.0 feet north of and parallel
to the southwest lot line of Lot 7, a distance of 70.0 feet to
a point for a corner;
Thence N. 29° E., 478.29 feet to the point of beginning and
containing 0.78 acres, more or less.
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
Saratoga Downs Assoc.
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EXHIBIT "A" (Con't.)
TRACT III (City Parcel 05)
Being a tract of land for drainage easement out of Lot 7,
Section 7, Bohemian Colony Lands, a subdivision as shown by
plat in Volume A, Page 48, Map Records, Nueces County, Texas
and further described by metes and bounds as follows:
Beginning at the east corner of said Lot 7;
Thence N. 61° 33' W., 25.0 feet to the point of beginning;
Thence S. 28° 59' W., with the westerly right-of-way of
Martin Street, 40.09 feet to a point of curvature of a
circular curve to the right;
Thence along the arc of said curve whose angle 890 28',
radius = 10.0', tangent = 9.91 feet, a distance of 15.61
feet to the point of tangency;
Thence N. 61° 33' W., along the northerly right-of-way of
Dorado Street, 675.09 feet to a'point;
Thence N. 61° 33' W., 532.22 feet to a point on the westerly
boundary of existing Three Fountains Subdivision, for a
corner;
Thence N., 28° 27' E., 50.0 feet to a point for a corner;
Thence S. 61° 30' E., 1217.22 feet to the point of beginning
and containing 1.397 acres, more or less.
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
Saratoga Downs Assoc.
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7.540'
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EXHIBIT "B"
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING a
PHYSICAL DEVELOPMENT.
RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER: l—C1 a R,caz' ' Tu.iE�
DESCRIPTION: PaTee/ W_- /
PROJECT: C L.? ss Arer-s #7,ia Lra.ra •P o
DATE: 5" �` - Fo SCALE: ' / "= 50 BY' L M
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5 -Saratoga Downs Assoc.
-8-
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ITY OF CORPUS CHRISTI, TEXAS
EPARTMENT OF ENGINEERING a
.-IYSICAL DEVELOPMENT.
GHT OF WAY/ EASEMENT ACQUISITJON
.1NER, • -ee-4
ROJECT: /
:ATE: 6h7 -8f SCALE: /'/8' 9Y:
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage Impr.
Parcels 1. 4.5 -Saratoga nnsunq Assoc_
-9-
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PACALA STREET
;ITY OF CORPUS CHRISTI, TEXAS
:;EPARTMENT OF ENGINEERING a
HYSICAL DEVELOPMENT.
OF WAY/ EASEMENT ACQUISITION
NNER: 1.-Cce"-P
I SCRIPT' ON: r/l/C.C..:-.EL.
ROJECT: 2.4A/.S'
ATE: -5-Ar-- r'47 SCALE: BY: Li'
s'v*/ G 6C 7
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$' Z8' 59W laar
(M4R774,1 STREET
"DRAINAGE EASEMENT"
Cabaniss Acres Area Drainage lmpr.
Parcels 1, 4,5 -Saratoga Downs Assoc,
CITY OF CORPUS CEMISTI, TEXAS
cERrTFIc TION OF FUNDS
(City Charter Article IV Section 21)
October 1, 1981
I certify to the City Council that $ 3,140.00 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:
Rind No. and Nan 295 Storm Sewer Bond Fund
Project No. 295-77-9
Project Name Cabaniss Acres Extension
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-acquisition-
Cabaniss Acres Area Drainage Impr.
Parcels 1, 4,5
at,. . 7 , 191
/ FIN 2-5sed5
Bu7/31/69
Corpus Christi, Texas
_ day of at , 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it i$
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foil. 'ng vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16581