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HomeMy WebLinkAbout17439 ORD - 01/19/1983AN ORDINANCE AUTHORIZING EXECUTION OF THE DOCUMENTS NECESSARY FOR THE PURCHASE OF TWO EASEMENTS IN CONNECTION WITH THE CRESTMONT SUBDIVISION, UNITS 6 AND 7; TRANSFERRING $5,000 OUT OF REVENUE SHARING FUND; APPROPRIATING $5,000 FOR THE ACQUISITION OF TWO EASEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute the necessary documents for the purchase of two easements in connection with sanitary sewer improvements of Crestmont Subdivision, Units 6 and 7, copies of which documents are attached hereto and made a part hereof, marked Exhibits "A" AND "B." SECTION 2. That there is hereby transferred $5,000 out of the No. 124 Revenue Sharing Fund (1982-1983) Activity 701.59, Code 502, to the No. 250 Sanitary Sewer Bond Fund, Project No. 250-82-9, Crestmont Subdivision, Units 6 and 7. SECTION 3. That there is hereby appropriated $5,000 out of the No. 250 Sanitary Sewer Bond Fund for the acquisition of two easements, one temporary construction easement and one permanent utility easement, from Mrs. Frances Snyder, in connection with Project No. 250-82-9, Crestmont Subdivision, Units 6 and 7. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to purchase said easements to promote the immediate construction and development of improvements within the City which will further the City's health, safety, and economic development, 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 Iq "'day of January, 1983. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP D: DAY OF JANUARY, 1983: 9. • 61444-k - Bruce Aycock,ty Attorney 17439 SEP 2 R-70)14 QE LMED CRES'UONT SUBDIVISION, UNITS 6 & 7 UTILITY EASEMENT with tc••.porary construction easement for sanitary sewer off Kostoryz between Holly & Saratoga(S.H. 357) TMPD AR'i CO',31 tUCi IO:: EASE , P THE STATE OF TEXAS X couxiY OF NUECES KNOW ALL NEN BY THESE PRESENTS: THAT I, Frances Snyder, aka Frances Kosar Snyder, a widow, individually and as independent executrix of the Estate of Paul Snyder, deceased of the County of Nueces, State of Texas, for and in considera- tion of the sum of Five Thousand Dollars and no cents ($5,000.00)... to me in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, has (have) granted and con- veyed and by these presents does (do) grant and convey unto the City of Corpus Christi, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives, the free and uninterrupted use, liberty, privilege and easement of going, in, on, and over a certain tract of land situated in Nueces County, Texas during the period of the construction contract for the purpose of stockpiling materials, construc- ting, assembling and stringing of pipe, and operating con- struction machinery equipment in constructing sanitary sewer line improvements, together with all appurtenances thereto, over, across, and on the property described as follows, to - wit: See: Page 2 2 Page 1 of 5 Description for a 50 foot wide temporary construction easement situated northwest of and adjacent to a 20 foot permanent utility easement adjacent to the N.A.S. right-of-way for rail- road spur paralleling Kostoryz Road, and being out of Lot 3, Section 8, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Map Records, Nueces County, Texas, said temporary easement being' more particularly described by metes and bounds as follows: Beginning at a point on the northeast line of said Lot 3, and being N. 61° 31' 10" W., 100.0 feet from its most easterly corner thereof; said most easterly corner being on the center- line of Kostoryz Road, for the most easterly and beginning corner of the tract herein described; Thence S. 28° 56' 00" W., with a line r_ha*. is 100 feet north- west of and parallel to the centerline nP said Kostoryz Road, and with the northwest line of said 20 foot permanent easement, a distance of 1,320.0 feet to a point on the southwest line of said Lot 3 for the most southerly corner of the tract herein described; Thence N. 61° 31' 10" W., with the southwest line of said Lot 3, the northeast line of the Richter Drainage Outfall Ditch, a distance of 50.0 feet to a point for the most westerly corner of the tract herein described; Thence N. 28° 56' 00" E., with a line that is 150 feet north- west of and parallel to the centerline of said Kostoryz Road, a distance of 1,320.0 feet to a point in the northeast line of said Lot 3, for the most northerly corner of the tract herein described; Thence S. 61° 31' 10" E., with the northeast line of said Lot 3, a distance of 50,0 feet to the POINT OF BEGINNING, and containing 1.515 acres of land, more or less, "Temporary Construction Easement" 0:ESiifONT SUBDIVISION, UNITS 6,7 UE w/temp const easement (Snyder) P.1.,c, of 5 Said temporary construction easement to expire and be abandoned on or before February 1, 1983 with an extension of 60 days from said expiration date, if necessary, in order to complete the project. The City of Corpus Christi agrees to pay crop damage, if any, resulting from the use of the temporary construction easement. A map of which is marked "Exhibit A", and attached hereto and made a part hereof for all purposes. Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of construct- strutting sanitary sewer line improvements. It is expressly understood and agreed that the City of Corpus Christi will restore the above described premises to the same condition that existed before construction. To have and to hold, all and singular, the rights and privi- leges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for the use and term above described. Witnessed my hand this pW day of ,,(/,QiVI/d,Lev, 1982 Frances Snyder also known as Frances Kosar Snyder, a widow, individually and as inde- pendent executrix of the Estate of Paul Snyder, deceased,_ THE STATE OF TEXAS COUNTY OF NUECES X T This instrument was acknowledged before me on 617/2 , 1982 by Frances Snyder. tt:6'-e-er6 5-72'211Y Notary P 1ic in and for the State of Texas (NOTE: lease type, print, or stamp name.6� , =, s expiration of notary below) Y r? Mary Lou Palacios L i "Temporary Construction Easement" CRESTMONT SUBDIVISION, UNITS 6,7 UE t,/temp const easement Page 3 of 5 Accept -d for the City of Corpus Christi, a municipal corporation and body politic under tw_ laws of the State of Texas, this the day of --- ' 198_ ATTEST: By: CITY OF CORPUS CHRISTI, TENAS S Bill G. Rad Edward A. Martin City Secretary City :tanager APPROVED AS TO LEGAL FORA THIS 27 DAY OF LAtA—, APPRO 198 2 . J. BRUCE AYCOCK, CITY ATTORNEY By: R.W. Coffi Assistant ty Attorney THE STATE OF TEXAS COUNTY OF NUECES 1 X L� fistant es K. LontosP.E. City Manager CITY OF CORPUS CHRISTI 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401 This instrument was acknowledged before me on , 198_ by Edward A. Martin, City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said cor- poration. Notary Public in and for the State of Texas (NOTE: please print, type or stamp name & expiration date of notary below) "Temporary Construction Easement" CRESINONT SUBDIVISION, UNITS 6,7 UE w/temp const easement(Snyder) Page 4 of 5 �c--cr�aN LIr1e Of o EXITITBIT uAn -.1 2{ z 1'; a t1 t! H 28° cos Oo" e- 1320.00' o , U m 1 f =0 0 50.0' -reMPo2AGONSTeVGTION EAeMir1'i p 5 .ES°S '0o" w ' I320.00' 20' F' /Z Aisle -NT a E. .A.S. .0.W. dos-ro.--rz J'OAt7 MAP TO ACCO' WA t'( FIELJNOTES: t=ut' A 1.0.00 FooT WILE 902.A4 ' C,014 cr!oni -At EM�JT OuT of w -r 3. gGGnoN s, 'SoldeMIAN Cot -owe , A u1AP OF vUNIGN IS f2.-6-CO/Zir26C2 IN VOLUME' A, 19A6ie 46, MAP (LFcoatos OF tJueceS GOut4r-', -7-6X45. '^.EST 1ON T SUBDIVISION, UNITS 5 & 7 JT IT,TTI EASEMENT th tc;nporary construction onso;:.rnt ror sanitary scwcr (1982) ff Kostoryz betucr.. ,ioily O. Saratoga (S.11. 35/) • "POlrJ'i OF B&q,„/". /NCS" IQ Im s iA EAST co2NE2- oP LOf 3 DAr£ 0cro e _ 6.1952 SCALE' ✓08 M1 /45c11. (00 CRESTNO T SUBDIVISION, UNITS 6 & 7 UTILITY EASEMENT with temporary con,t:uction easement for sanitary sewer -off Kostoryz betve,u Holly & Saratoga(S.H. 357) THE STATE OF TEXAS COUNTY OF NUECES 1 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: DOT I, Frances Snyder, aka Frances Kosar Snyder, a widow:, indivually and as independent executrix of the Estate of Paul Synder, deceased, of the County of Nueces , State of Texas , for and in consideration of the sum of One Dollar and no cents ($1.00)... to me in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, has (have) granted and conveyed, and by these presents does (do) grant and convey unto the City of Corpus Christi, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal represen- tatives the free and uninterrupted use, liberty, privilege, and ease- ment of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: Being a 20.00 foot wide utility easement out of Lot 3, Section 8, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, map records of Nueces County, Texas; Beginning at the point of intersection of the northeast boundary line of said Lot 3 and the northwest boundary line of the 50.00 foot wide United States Naval Air Station Railroad Spur, adja- cent to Kostoryz Road for the east corner of this easement from which corner a point on the centerline of said Kostoryz Road, marking the east corner of said Lot 3 bears S. 61° 31' 10" feet; Thence S. 28° 56'00" W., along the above mentioned northwest line of the United States Naval Air Station Railroad Spur, parallel to the centerline of Kostoryz Road thereof and 80.00 feet distance therefrom, measured at right angles thereto, 1320.00 feet to a point on the common boundary line of Lots 3 and 4, said Section 8 for the south corn.,r of this easement; Thence N. 61° 31' 10" W., along the above mentioned common boundary line, 20.00 feet to a point for the west corner of this easement; Thence N. 28° 56' 00" E., 1320.00 feet to a point on the com- mon boundary line of Lots 2 and 3, said Section 8 for the north corner of this easement; Thence S. 61° 31' 10" E., along the common boundary line of said Lots 2 and 3, 20.00 feet to the POINT OFBEGINNING. A map of which is marked "Exhibit A", and attached hereto and made a part hereof for all purposes. Page 1 of 4 SO �xb. "18* It is understood that the 15" gravity sanitary sewer line will be available for the use of the subject property when property is ready for development and has complied with requirements of the City of Corpus Christi platting ordinance. It is expressly understood and agreed that the City of Corpus Christi will restore the above described premises to the same condition that existed before construction. Tog,thr :.itis the Eree in?r_ss, egress, and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, Laying, and keeping public utility lines, and for the purposes of maintaining, servicing, repairing, and inspecting said lines under, on, and along said tract. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges afore- said to the City of Corpus Christi, Texas its successors and legal representatives, for the proper use as a UTILITY EASEMENT and utility • right-of-way for so long as used for such purpose, and if the use for said easement and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. WITNESS mY hand this the , O day of �p(!Qilit �/ , 198 2 THE STATE OF TEXAS I COUNTY OF NUECES X ` Frances Snyder also known as Frances Kosar Snyder, a widow, individually and as inde- pendent executrix of the Estate of Paul Snyder, deceased. This instrument was acknowledged before me on f6 ccr.4,.. L' , 1982 by Frances Snyder. % a '> f / &27✓ , -2 ' ' Notary 1ic in and for the State of Texas (NOTE: please print, type, or stamp name f expiration date of .`i�;�l"'`,� notary below) ---.;'t ,. '� u, '‘. t''i� ..,4 Mary Lou Palacios "Utility Easement" CRESTMONT SUBDIVISION, UNITS 6,7 U.E. pi;_ 2 cf 4 Accepted for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, this the day of• , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Bill G. Read City Secretary City Manager Edward A. Martin APPROVED AS TO LEGAL FORM THIS �o /it_DAY OFJ 4.e1JQ .� . 1983 . 7. BRUCE AYCOCK, CITY ATTORNEY By: KQ k. Assistant City'Attor ey THE STATE OF TEXAS X COUNTY OF NUECES X r% �%✓✓.i G 7� ./�► es K. Lonto �' ssistant City anager APPROVE CITY OF CORPUS CHRISTI 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401 This instrument was acknowledged before me on , 198 3 by Edward A. Martin, City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said cor- poration. Notary Public in and for the State of Texas (NOTE: please print, type or stamp name & expiration date of notary below) "Utility Easement" CRESTMONT SUBDIVISION, UNITS 6,7 UE -Snyder Page 3 of 4 0 N Cor Si' /0"W m 20.00' -. EXHIBIT "A" N 28° 5cp100" TeMP00_,4tZY G01,11-21-)GTI0h1 BASEMENT IS20. oo' rte- 20.O' /Jriur-{ 0 • .1:***** S Col° 31' /o'& e0.001 S 2e; SCo' 00" W f'5 Lfr✓e I32o,00' K OSTo 2Y Z .OA t7 MAP TO AGGoNAPA MY FIEF 7JoT-S: -0"2-• APE�MANE'h1r '20.a2 Foor tJt 1JrJLiTY EAEMENr Our OF LO- 3, Se -C.7 -1014S, goN5-MiAn1 Go(-0/JY L4r-J ', M A AP C I vJNIGN IS fz.BGv2ot t7 1N VOLUME A. 1'AC�F 413. MAP IZEC.O -OS of rJU2C.E5 GouNT , 'TEXAS. CREST1OST SUBDIVISION, UNITS 8 & 7 UTILITY EASEMENT temporary construction ca,cmcnt for sanitary sewer (1982) ff Kostoryz between Lolly & Saratoga(S.li. 357) 0 "12on-1-r OF 1354 rN1\10q' EAsf cot -le -4 op v 'TE OGTOS-e (o, I9jfi2 SCALE: 14":/°6: " ` ° .105At7 4tr/ Ile CITY OF CORPUS CHRISTI, TEXAS C:rttIFICATION OF FUNDS (City Charter Article IV Section 21) January 20, 1983 I certify to the City Council that $ 5,000.00 , 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: Furti No. and Nance 250 Sanitary Sewer Bond Fund Project No. 250-82-9 Project Name Crestmont Subdivision Units 6 & 7 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -acquisition Frances Snyder Parcels 1,2 s jec1 "rc;U1- �Cv 2hkC S�wrjMC ��l,lMds FIN 2-55 Revised 7/31/69 f�-Zee , 19-3 rector bX Finance Corpus Christi, Te ff4day of , 196 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, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passedy the following vote: Luther Jones (tJ.Gf P J Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1.'7ca`1c)