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Home My WebLink About16727 ORD - 11/25/1981l t:11 /23/81 0 st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH I.W. HICKHAM, JR., CONCERNING DEFERRAL OF CON- STRUCTION OF APPROXIMATELY 900 LINEAR FEET OF 24 -INCH TO 48 -INCH DIAMETER STORM SEWER IN A 44.78 -ACRE TRACT PROPOSED TO BE KNOWN AS ST. CLAIR INDUSTRIAL PARK, AND PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF A DRAINAGE SWALE, THE AFORESAID AGREEMENT TO BE A COVE- NANT RUNNING WITH THE LAND, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 authorized to execute an agreement with I.W. Hickham, Jr., concerning deferral of construction of approximately 900 linear feet of 24 -inch to 48 -inch diameter storm sewer in a 44.78 -acre tract proposed to be known as St. Clair Industrial Park, and providing for construction and maintenance of a drainage Swale, the afore- said agreement to be a covenant running with the land, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". - SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs and execution of the aforesaid agreement at the earliest practicable date in order_that development of the industrial park may be commenced, 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 measure this the day of November, 1981. ATTEST: Grit' Secretary L DAY OF NOVEMBER, 1981: J. BRUCE AYCOCK, ITY ATTORNEY By MA THE CI OF CORPUS CHRISTI, TEXAS 16727 rsgp 2 81984 MICROFILMED IL t CITY OF CORPUS CHRISTI DEFERRED IMPROVEMENT AGREEMENT THE. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X This CITY OF CORPUS CHRISTI DEFERRED IMPROVEMENT AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City") and I. W. HICKHAM, JR., TRUSTEE ("Owner"). WITNESSETH WHEREAS, by Platting Ordinance of the City any parcel of property within its city limits must be platted prior to sale or construction thereon; and WHEREAS, Owner desires to replat its property, and sell a portion thereof, which property to be replatted is situated in Nueces County, Texas, and described as follows, ("Replat"), to -wit: A 44.779 Acre, more or less, Tract of Land out of Lots 2, 3, 8 and 9, Block 2, J. C. RUSSELL FARM BLOCKS, recorded in Volume 28, Pages 58 and 59, Map Records, Nueces County, Texas, being more particularly described by the attached Exhibit "A", made a part hereof for all pertinent purposes. . WHEREAS, Owner further desires to sell a parcel out of the Replat Pro- perty referenced above, which property to be sold is described as follows, ("Sale Property"), to -wit: A 3.662 Acre, more or less, Tract of Land being a portion of Lot 9, Block 2, J. C. RUSSELL FARM BLOCKS, as shown by plat recorded in Volume 28, Pages 58 and 59, Map Records, Nueces County, Texas, said tract being more particularly described in the attached Exhibit "B", made a part hereof for allpertinentpurposes. WHEREAS, a condition to final approval of said replat required by the City upon Owner, along with other requirements, is that an underground storm sewer conduit be installed at the expense of Owner for drainage of the southerly . portion of said Replat Property (See Exhibit "C"); and WHEREAS, Owner has requested to be permitted to install a temporary drainage system concurrently with the development of said 3.662 acre tract of land. NOW THEREFORE, for and in consideration of the sum of $10.00 in hand paid, the receipt and sufficiency of which is hereby acknowledged, and in E"xN.'A` th;:r consideration of the mutual covenants and agree Tents, herein contained, the parties agree as follows: 1. Ci ty____Aynr°val: attached hereto as Exhibit "C' the Sale Property when Item 2. Owner r Consent: The City shall approve the Preliminary Plat ', and shall further approve the Final Plat of 6 herein has been complied with. Owner consents to, and shall construct all items required by the City as evidenced by the attached Preliminary Plat (Exhibit "C") except as modified by Paragraph 3 hereunder. 3. Deferral of Storm Sewer Conduit: Owner shall, for purposes of furnishing a drainage plan, construct a "Temporary Drainage Swale" as shown by Exhibits "D" and "E", attached hereto and made a part hereof for all pertinent purposes. Pilot ditch construction shall start at Bear Lane with a minimum 3 foot wide bottom ditch with such ditch being a minimum of 3 feet wide through the limits of the 100 foot wide right of way shown on Exhibits "D" and "E". 4. Limitation on Deferral: Owner expressly and unequivocally recognizes, acknowledges and agrees that upon an event of sale of or construction on any or all of the remaining Replat Property (excluding the Sale Property and Northwesterly segment designated Block 4 on Exhibit "C") then Owner shall construct with due diligence and in good faith the storm sewer conduit refer- enced above, and the Agreement shall be terminated. 5. Intention: It is the intention of the parties hereto to provide for a temporary deferral of required improvements to the Replat Property as a condition to Replat. However, it is acknowledged that such conduit will be "necessary" for proper drainage upon further sale or construction on the remaining Replat Property as designated by Paragraph 4 above. 6. Dedication: Owner shall dedicate or cause to be dedicated to City the 100 foot wide drainage right of way shown on Exhibits "D" and "E" within 30 days of date of approval by City of this instrument and before any plat is filed for record within the herein referenced 44.779 acre tract. 7. Maintenance: Owner agrees to maintain said temporary drainage swale east of the 100 foot wide drainage right of way until such time as the deferred storm sewer is installed. 8. Binding Effect: This Agreement shall be binding upon and inure to t.1e benefit of the parties hereto and their respective heirs, executors, Deferred Improvement Agreement — I. W. Hickham, Jr., Trustee Page 2 of 4 administrators, legal representatives, successors and assigns. This Agreement shall RUN WITH THE LAND and is not personal in nature. Furthermore, the parties and their successors and assigns shall execute all documents necessary to implement this Agreement. EXECUTED in duplicate originals this day of 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: day of , 1981. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney I. W. Hickham, Jr., Trustee Deferred Improvement Agreement — I. W. Hickham, Jr., Trustee Page 3 of 4 THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, appeared R. MARVIN TOWNSEND, City Manager of the CITY OF CORPUS CHRISTI, 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 and in the capacity therein stated. GIVEN under my hand and seal of office this day of , 1981. Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, appeared I. W. HICKHAM, JR., Trustee, 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 and in the capacity therein stated. GIVEN under my hand and seal of office this day of , 1981. ' Notary Public in and for the State of Texas Deferred Improvement Agreement — I. W. Rickham, Jr., Trustee Page 4 of 4 tAk I U "A" Being.44.779 acres of land out of Lots 2, 3, 8, and 9, Block 2,' J. C. RUSSELL FAR`d BLOCKS, a map of which is recorded in Volume 28, pages 58 and 59, Map Records of Nueces County, Texas; BEGINNING at a point on the east right-of-way line of Heinsohn Road, same being the common northwest corner of Lot 3, Block 2, and the Southwest corner of Lot 4, said Block 2, for the Northwest corner and Point of Beginning of this tract; THENCE, Fast along the common boundary'line of said Lots 3 and 4, and the common boundary' line of said Lots 7 and 8, 2186.90 feet for the most northerly northeast corner of this tract; THENCE, South 256.50 feet to a point for an interior corner of this tract; THENCE, East 446.89 feet to the West right-of-way line of State Highway No. 358, (North Padre Island Drive), and the East boundary line of said Lot 8, Block 2, for the most Easterly Northeast corner of this tract; THENCE, South along said West right-of-way line and said Fast boundary line, 187.19 feet to a point on the beginning of a circular curve to the left; THENCE, in a Southerly direction along the arc of said curve to the left having a radius of 1970.08 feet, a central angle of 05° 46' 33" and a tangent of 99.38 feet, an arc distance of 198.59 feet to the end of said curve to the left; • THENCE, South along said West right-of-way line, 292.46 feet for an interior corner of this tract; . THENCE, South 12° 58' 00" East,'along said West right-of-way line 94.00 feet to the common East corner of said Lots 9 and 10, for the Southeast corner of this tract; • THENCE, West along said common boundary line of said Lots 9 and 10, and Lots 1 and 2, 1795.96 feet for the most Southerly Southwest corner of this tract; THENCE, North 739.50 feet to a point for an interior corner of this tract; • THElCE,_West 868.93 feet to the East right-of-way line of said Heinsohn Road and the West boundary line of said Lot.3, for the most Westerly Southwest corner of this tract; THENCE, North along said East right-of-way line and West boundary line, -286.50 feet to the POINT OF BEGINNING.. EXIIIBIT "A" -FIELDNOTE DESCRIPTION of a•3..662 acre, more or less, tract of land being a portion of Lot 9,, Block 2, J. C. Russell Farm Blocks, as shown by plat recorded in Volume 28, Pages 58 and 59, Map Records, Nueces County,'Texas, said tract being more particularly described as follows: BEGINNING at the common southeast corner.of Lot.9 and the northeast corner of Lot 1Q, said Block 2, said point being on the westerly right-of-way.line of State Highway No. 358 (North Padre Island Drive) for the southeast corner and.POINT OF BEGINNING of this tract;'• THENCE, WEST along the common.boundary--line between said Lots 9 and•10, u distance of 721.09 feet to a point for the'southwest corner or this tract.; THENCE, NOIITII 226.50 feet to a.point.. for the north- west corner of this tract; , THENCE, EAST 700.00'feet to a point on said westerly right-of-way line of State Highway No. 358 for the northeast corner of this tract; THENCE, SOUTH along said westerly right-of-way line • 134.90 feet to a point foe an exterior corner of this tract; THENCE, continuing along said westerly right-of-way line S 12 deg. 58' 00" E; 94.00 feet to the POINT OF BEGINNING. EXHIBIT "B" ALOVIET 14011111 Ilda 90' sTcrr 00894 . • ) • al. ct.A.R MEL ATARCIVAE LOCATION MAP IAA. la *re IA.. • t cos r f..Pc 9 • ILLZ4 5771 97.790 3 • .5 ,I 0. 01 I • \ ITIERatI-ELUAAR DEFERRED STORM' SEWER.), WEST 1793.94 0 D.A. 5a %,• 41.34 9400' ST. CLAIR I NDUSTR I AL PARK .tt RASTER DRAINAGE PLAN ST. GLAI R I NDUSTR I AL PARK EXHIBIT "C" h.. ISI ki ' rrta mtgavew IF 9• sty luttt / 11.11 49 I CAM g 5,0 01.t1 1:11 40 Ilia A. An, 14. i ;fri.."1.I. 11011 LI atl. 1.4,1* lIn.t1 = .1115: lie. ITV 11 nt. 511.1011 Wc•ufrAlt EOM , sly PRAT lifiglir ,t;', 111.100, II 14 M. MEN &MN • 510 110.17 ' 1. 110 MAI ,` 1,0 Mt? 1 IN t .• 1111 wIl011 m ,. ' 1101,,,,,141011.1t . ItEXIMI ot 9 au 11 MIEUNFINI111111 0M1 1. 0114? • ) • al. ct.A.R MEL ATARCIVAE LOCATION MAP IAA. la *re IA.. • t cos r f..Pc 9 • ILLZ4 5771 97.790 3 • .5 ,I 0. 01 I • \ ITIERatI-ELUAAR DEFERRED STORM' SEWER.), WEST 1793.94 0 D.A. 5a %,• 41.34 9400' ST. CLAIR I NDUSTR I AL PARK .tt RASTER DRAINAGE PLAN ST. GLAI R I NDUSTR I AL PARK EXHIBIT "C" EXI{IBIT D Wei r• 090 9Y . 4 100 11 CLAIR MEL All1C/LRE PioPCSEDS\14Ate - o FOLLOW 2aTC- •• cF P2oPo5ED 5GN 2LP To .Piton D11tI, • Q% •.N Kees. Ao5 E.ACI 51DE of_de. of PeoPoSED'5\ LE To PE CLC' ED k ;1177 eQUSN, WEEnh 4 att4Ee GI;'A'NM . i$ QEI\toVED, 1LOK0 &JOIN! I `, p.,oy 'I'EFiPT�w - .m 1 11 IT ~! -6�.. r .. -_ Ir" :_— - -------= -------- Nt' EST /795.l� ' a• n 7..— a nra 04.7 5 I7. 48 n T:�r�—r .L• t.8 n p� rr t T r :e a l0 Rt-�l a 0. 19• 1• I . 0 •.w C9re.,...1 ta•r (041.1•. N...1411 t1.11.n...M, e9� �t. N 1 •e. aA. • lN<•1pl IH M+'.I mµ1. •04 N -11 1 it CLAM vat 07000 1Al1 0 LOCATION MAP * .•r..s r. -�-• - �y-1 111.. i e• 5 • 1 • 5 • 1! /i riv J4(! iw .G^_' nlI II 11 , -I �e- la 5 w^Id •I 1 1, 11 I: 15DI _.. i, //root i u 'sl IypT p¢e�+5 CU2pp $GurrEQ 41.5° • e• 0.251 eo»ae'f 9.2aF0 ft.cga.o N?.T .i*1*CK-CLL11001 AVMS .0.0•./r110fe1 arellleetaff Lee n ren , 0.40(0 . N AYl,01N J1 L0,0 ana, 10 r( 4.0ONO a...ma *100 *0 eaN-fNM 0p -y GMYtu. r ROM 6MM vera;.. /Ts. AIM a F-=‘, ST. CLAIR INDUSTRIAL PARK 1(IN1 A 94741 *011..101 00 1.111.t1.CT Or LAND OUT OP L010 TAA 11 1900* 1. A 0 Aut1LL PAIN CL00*&Ai AD•\ AT PLAT *100100➢ IN 044.7944 11. PAOLA N AND !kW? *i10R01.1ui011 000.T1.TTAAL MIM" I" Inen " " PRELIMINARY PUN ST.CLAIR INOU5TRIAL PARA 1 A \q132)-TH 191 -TY PICM_. 5EcTi 0 1\) e2oPo5ED - -TEMPO R bRY 5WALE. 0E1(.711 pEstol go).!of-F Feal LOT t3LK 912 cf5 DEveLoPD) si_o?a \P1Lk3E n 14111113() 0. eS5 pP-riA OF W1,:VeRT 1\AP. FLoW VELOCITY - 1.47 FP5 "E" SCALE: 1461\IE • aommalaaftempagosimaremomme 51 CLisAR IN DU5-112 lixL PARK . Lc) T 6LocK 1‘ MAVERICK •EgGINEERIKIG eOMPASIY fi Corpus Christi xas „ZS.- 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 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 is introduced, or at the present meeting of the City Council. Respectfully, , 1981 Council Members Respectfully, MAYOR 40,./6";* THE CI ' OF CORPUS CHRISTI, TEXAS • The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16721