HomeMy WebLinkAbout17522 ORD - 03/09/1983•
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITH
ESTATE TRUSTEES AND OTHERS PERTAINING TO THE WOOLDRIDGE -
STAPLES DRAINAGE CHANNEL; APPROPRIATING FUNDS FROM
VARIOUS BOND FUNDS FOR THIS AGREEMENT; 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 the Smith Estate Trustees, Country Club Properties, Trustees
for Frank Peter Zoch III, Bishop Thomas J. Drury, R. C. Allen, Tim Clower,
John and Henry Tucker, Elizabeth K. Zoch Estate, Paul Turnbull Trust, Deborah
D. Shelton Trust, Sherrod'Construction Company, and others, providing for the
following:
(a) The City acquiring a drainage easement of 6.96 acres at a cost
of $100,000, of which the City will pay $50,000;
(b) Four owners depositing with the City $12,500 each for a total
of $50,000 as one half the cost of the 6.96 acre drainage easement;
L'/ (c) The City remitting $29,750 previously paid by Sherrod
Construction Company to various owners as a share in channel excavation
costs;
(d) Five owners paying Approximately $53,000 for excavation costs
to excavate approximately 4,000 linear feet of the Wooldridge -Staples Channel
to ultimate width; and
(e) Six owners depositing with the City $30,800 toward the future
cost of a bridge in Cimmaron Boulevard at the Wooldridge -Staples Channel;
all as more fully set forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A"
SECTION 2. That there is hereby appropriated $50,000 out of the
No. 295 Storm Sewer Bond Fund for City drainage easement costs applicable to
Project No. 295-70-66, Staples -Wooldridge Channel; that there is appropriated
$29,750 out of the No. 295 Storm Sewer Bond Fund applicable to Project No.
295-70-66 and that the City Engineer be authorized to remit such amount to
Urban Engineering after the excavation contract has been awarded as per the
agreement; that there is established a special bridge fund entitled "Cimmaron
Bridge at Wooldridge Creek II" and that there is appropriated $55,000 from
1.'7522
the No. 220 Street Bond Fund applicable to Project No. 220-77-75, Cimmaron
Bridge at Wooldridge Creek II. -
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 to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, 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 theQ,{1"day of March, 1983.
ATTEST:
y Secretary MAYO
APPROVED: CJ4g.iDAY OF MARCH, 1983
ruce Aycock, City Attorney
THE " Y OF CORPUS CHRISTI, TEXAS
TO:
•
FROM:
u
DATE:
THE CITY SECRETARY'S OFFICE
AGREEMENT ON DEDICATION OF EASEMENT FOR DRAINAGE DITCH
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT entered into by and between the City of Corpus Christi,
a home rule city situated in Nueces County, Texas, hereinafter called "City", and
the undersigned owners of various tracts shown on the plat attached to this
instrument as Exhibit "A":
W ITNESSET H:
. Whereas the City Master Drainage Plan sets forth the drainage area between
So. Staples Street and the Oso and an area south of Wooldridge Road and Saratoga
Boulevard beginning at the Oso and ending approximately 1/2 mile east of So. Staples
Street and shown generally between points "A" to "F" on the attached Exhibit "A"; and
Whereas the City has obtained portions of right of way and entered into a
contract for the construction of a pilot drainage ditch and of bridges between points
"D" and "E" in said Exhibit; and
Whereas the City has entered into contractual agreements with Sherrod
Construction Company, Tim Clower and R. C. Allen, and John Tucker and Henry Tucker
for some of the costs of the right of way and for the excavation of that portion of
the drainage ditch between points "B" and "F" as shown on Exhibit "A"; and
Whereas the City is desirous of obtaining an easement or right of way for
drainage and excavation of the drainage ditch between points "B" and "D" as shown
on Exhibit "A" and such easement being described by metes and bounds in Exhibit "C";
and
Whereas the parties listed on Exhibit "B" including Sherrod Construction
Company, Tim Clower, and John Tucker and Henry Tucker, all owners of lands within
the drainage area, are desirous that the drainage easement be obtained and the
entire drainage ditch excavated; and
Whereas not only the above aforementioned owners, but also the general
public and the City would benefit from the acquisition of the drainage easement and
excavation of the proposed ditch which would provide adequate drainage to the lands
within the drainage area; and
Whereas the above mentioned owners wish to enter into an agreement between
themselves and with the City to provide certain funds for the acquisition of the
drainage easement and the excavation of the ditch between points "B" and "D" and
to participate in costs of a bridge at a point on the future extension of
Cimarron Boulevard:
NOW, THEREFORE, the owners and City agree as follows:
The Trustees of the Testamentary Trust and other owners of the 125 -
acres aforementioned will execute the instrument attached hereto as Exhibit "C"
granting the City of Corpus Christi, Texas an easement for drainage purposes,
along the trust property described in said Exhibit as parcels #4, 4A, 4B, 4C,
upon payment to them of the cash portion of the consideration stated just below.
The consideration for such drainage easement will be the covenants
hereinbelow contained plus the sum of One Hundred Thousand Dollars ($100,000.00)
in cash to be paid at the time of delivery of the executed drainage easement or
right of way instrument to the City of Corpus Christi, Texas. Fifty Thousand
Dollars ($50,000.00) of the total consideration will be paid by the City of Corpus
Christi, Texas and Twelve Thousand Five Hundred Dollars ($12,500.00) by each of
the owners of the 20, 50, 80, and 163 -acre tracts.
2. The listed contributing owners shall have plans and specifications
prepared by'Urban Engineering for the excavation of the ditch between points "B"
and "0", obtain bids and let the contract on behalf of all of the listed contributing
owners for the excavation of such ditch. The costs for the excavation and Engineering
are to be paid as follows:
a) The City is to pay $29,750.00 being the sum heretofore contributed
to the City by Sherrod Construction Company.
b) The owners, excluding Sherrod Construction Company, shall each
separately, and not jointly and severally, pay their own stated percentage share of
the balance of the costs.
An estimate of these costs is as follows:
48 acre tract ( 4.78%) $ 2,532.00
50 acre tract (19.80%) 10,494.00
80 acre tract (31.67%) 16,778.00
125 acre tract (27.32%) 14,473.00
163 acre tract (16.43%) 8,707.00
The above estimates are to be adjusted on the basis of the actual bid
and Engineering expense and allocated to the owners in accordance with the above
percentages.
3. The bridge to be built at Cimarron Drive shall be constructed at the
time of development of the 125 acres or at such earlier time as the City may elect
2
to construct the same. The costs for the first one-half of the 15 feet of bottom
width of the proposed bridge will be paid as provided hereinbelow by the six (6)
listed owners on behalf of the 125 acre tract and the City will pay for the
balance of all of the costs of the bridge.
Although the time for development of the 125 acres is not known at
this time, the owners agree to pay the City, upon the execution and acceptance of
this contract, the sum of $30,800.00, in separate shares as stated below, and the
same, being all of the anticipated costs chargeable to the 125 acre tract. The
City agrees.to accept the $30,800.00 as the total obligation to the owners and
construct the bridge, when necessary, at no further obligation or expense to the
owners of the 125 acre tract or the other tracts listed in this agreement.
The $30,800.00 to be paid to the City by the owners at the time this
agreement is executed by the City and the individual owners is allocated to the
various tracts as follows:
20 acre tract
48 acre tract
50 acre tract
80 acre tract
125 acre tract
163 acre tract
$ 1,267.00
3,042.00
3,169.00
5,070.00
7,922.00
10,330.00
TOTAL $30,800.00
4. The right of way and the pilot ditch being excavated and/or presently
completed from points "D" and "F" as shown on Exhibit "A" are not adequate to
provide proper drainage of the lands in the Contractual Agreements heretofore
entered into by the City on the lands of the other parties to this agreement or
drainage of the additional lands listed just above and herein. Consequently, the
City agrees, at its expense, to obtain the necessary additional drainage easements
or right of way and have the ditch excavated to meet the full requirements of the
City's Master Drainage Plan and provide adequate drainage to all of the owners' land
listed above.
5. Time is of the essence and the City agrees to commence acquisition of
the additional necessary rights of way or easements and the excavation of the
drainage ditch as set forth in Paragraph 4 above within ninety days from the date
of this agreement.
Owners' agree to commence the excavation as set forth in Paragraph 2
above within thirty (30) days after the execution and delivery of the Smith easement
and of this instrument, by all of the parties hereto, and completion of plans and
specifications.
3
IN WITNESS WHEREOF, the parties to this agreement have set their hands
hereto as of the day of
, 1983.
ATTEST: CITY OF CORPUS CHRISTI
BY:
City Secretary . EDWARD A. MARTIN, City Manager
APPROVED AS TO FORM:
J. BRUCE AYCOCK, City Attorney
BY:
JAMES K. LONTOS, P. E.
Assistant City Manager
FARRELL DEE SMITH, Co -Trustee GERI ANN ANDERSON, Individually
GERI ANN ANDERSON, Co -Trustee
A. T. McMURRY, JR., as Co -Trustee
FARRELL M. SMITH, Individually
THOMAS J. DRURY, Bishop of the Diocese of
and In.ividually. Corpus Christi, Texas.
40.41
TIM CLOWER
TEXAS COMMERCE BANK -CORPUS CHRISTI
BY:
TRUSTEES
COUNTRY CLUB PROPERTIES
BY:
R. C. ALLEN
JOHN TUCKER
Partner HENRY TUCKER
FRANCES ELIZABETH FULTON FRANCES ELIZABETH FULTON
FRANK P. ZOCH, III FRANK P. ZOCH, III
HAYDEN W. HEAD ELIZABETH K. ZOCH
CO-EXECUTORS FOR THE ESTATE OF
TRUSTEES FOR FRANK PETER ZOCH, III
TESTAMENTARY TRUST U/W FRANK P. ZOCH,
JR.
4
FRANCES ELIZABETH FULTON STEPHEN J. KLEBERG
FRANK P. ZOCH, III
RAIY
HAYDEN W. HEAD F. PETER ZOCH, II
TRUSTEES FOR FRANCES ELIZABETH
FULTON TESTAMENTARY TRUST U/W
FRANK P. ZOCH, JR.
MARGARET R. TURNBULL
ROBERT B. WALLACE
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #1
DEBORAH D. SHELTON
CO -TRUSTEES FOR DEBORAH D. SHELTON TRUST
OF SEPTEMBER 27, 1977
BY: lU///// /17/
SHERRODS�RUCT N COMPANY
MARGARET R. TURNBULL YVONNE H. SIMARD
ROBERT B. WALLACE MARGARET R. TURNBULL
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #2
5
IN WITNESS WHEREOF, the parties to this agreement have set their hands
hereto as of the day of
ATTEST:
City Secretary
APPROVED AS TO FORM:
J. BRUCE AYCOCK, City Attorney
BY:
FARRELL DEE SMITH, Co -Trustee
GERI ANN ANDERSON, Co -Trustee
A. T. McMURRY, JR., as Co -Trustee
and Individually.
TIM CLOWER
TEXAS COMMERCE BANK—CORPUS CHRISTI
BY:
TRUSTEES
COUNTRY CLUB PROPERTIES
BY:
Partner
, 1983.
CITY OF CORPUS CHRISTI
BY:
EDWARD A. MARTIN, City Manager
JAMES K. LONTOS, P. E.
Assistant City Manager
GERI ANN ANDERSON, Individually
CLAA . Fh •
FARRELL M. SMITH, Individually
THOMAS J. DRURY, Bishop of the Diocese of
Corpus Christi, Texas.
R. C. ALLEN
JOHN TUCKER
HENRY TUCKER
FRANCE Z H z TON FRANCES ELIZAB H FULTON
TRUSTEES FOR FRANK PETER ZOCH, III
TESTAMENTARY TRUST U/W FRANK P. ZOCH,
JR.
4
CO-EXECUTORS FOR THE ESTATE OF
ELIZABETH K. ZOCH
VT,�cc�r�
FRANCES ELIZABETH FULTON STEPHEWJ. KLEBG
��EAAD"
YD�EN��H
TRUSTEES FOR FRANCES ELIZABETH
FULTON TESTAMENTARY TRUST U/W
FRANK P. ZOCH, JR.
MARGARET/R. TURNBULL
ROBERT B. WALLACE
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #1
MARGARE
R. TURNBULL
iega,
ROBERT B. WALLACE
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #2
5
CO -TRUSTEES FOR DEBORAH D. SHELTON TRUST
OF SEPTEMBER 27, 1977
SHERROD CONSTRUCTION COMPANY
BY:
.
ONNE H. SIMARD
ILA,,,? . l air,' % /ic. j_zLP
MARGARET/R. TURNBULL
IN WITNESS WHEREOF, the parties to this agreement have set their hands
hereto as of the
ATTEST:
day of , 1983.
City Secretary
APPROVED AS TO FORM:
J. BRUCE AYCOCK, City Attorney
BY;
CITY OF CORPUS CHRISTI
BY:
EDWARD A. MARTIN, City Manager
JAMES K. LONTOS, P. E.
Assistant City Manager
FARRELL DEE SMITH, Co -Trustee G •I ANN ANDERSON, Individually
GERI ANN ANDERSON, Co -Trustee
A. T. McMURRY, JR.,
and Individually.
'-
o rustee
TIM CLOWER
TEXAS COMMERC BANK -CORPUS CHRISTI
"‹.2
•
BY: , >2/ 144
. M. Iv , Vice President and
Trust Officer
TRUSTEES
COUNTRY CLUB PROPERTIES
BY:
FARRELL M. SMITH, Individually
THOMAS J. DRURY, Bishop of the Diocese of
Corpus Christi, Texas.
R. C. ALLEN
Partner HE RY
FRANCES ELIZABETH FULTON FRANCES ELIZABETH FULTON
FRANK P. ZOCH, III FRANK P. ZOCH, III
CO-EXECUTORS FOR THE ESTATE OF
HAYDEN W. HEAD - ELIZABETH K. ZOCH
TRUSTEES FOR FRANK PETER ZOCH, III
TESTAMENTARY TRUST U/W FRANK P. ZOCH,
IN WITNESS WHEREOF, the parties to this agreement have set their hands
hereto as of the day of
ATTEST:
City Secretary
APPROVED AS TO FORM:
J. BRUCE AYCOCK, City Attorney
BY:
FARRELL DEE SMITH, Co -Trustee
GERI ANN ANDERSON, Co -Trustee
A. T. McMURRY, JRL Co tee
and Individually.
TIM CLOWER
TEXAS COMMERCE/ BANK—CORPUS CHRISTI
BY: /, %1//i` 144
C. M. M, Vice President and
Trust Officer
TRUSTEES
COUNTRY CLUB PROPERTIES 4
BY:
FRANCES ELIZABETH FULTON
FRANK P. ZOCH, III
HAYDEN W. HEAD
TRUSTEES FOR FRANK PETER ZOCH, III
TESTAMENTARY TRUST U/W FRANK P. ZOCH,
JR.
4
, 1983.
CITY OF CORPUS CHRISTI
BY:
EDWARD A. MARTIN, City Manager
JAMES K. LONTOS, P. E.
Assistant City Manager
4 5-e at - - a erie- E - a a 7 , J
(ANN ANDERSON, Individually
FARRELL M. SMITH, Individually
THOMAS J. DRURY, Bishop of the Diocese of
Corpus Christi, Texas.
R. C. ALLEN
JOHN TUCKER
FRANCES ELIZABETH FULTON
FRANK P. ZOCH, III
CO-EXECUTORS FOR THE ESTATE OF
ELIZABETH K. ZOCH
FRANCES ELIZABETH FULTON STEPHEN J. KLEBERG
FRANK P. ZOCH, III J. R. RAINEY, JR.
HAYDEN W. HEAD F. PETER ZOCH, II
TRUSTEES FOR FRANCES ELIZABETH
FULTON TESTAMENTARY TRUST U/W
FRANK P. ZOCH, JR.
MARGARET R. TURNBULL
ROBERT B. WALLACE
DEBORAH D. SHELTON
CO -TRUSTEES FOR DEBORAH D. SHELTON TRUST
OF SEPTEMBER 27, 1977
SHERROD CONSTRUCTION COMPANY
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #1 BY:
MARGARET R. TURNBULL YVONNE H. SIMARD
ROBERT B. WALLACE MARGARET R. TURNBULL
CO -TRUSTEES FOR PAUL TURNBULL
TRUST #2
5
Owners of tracts shown in Exhibit "A" that are parties to this agreement.
1. The owner of the 20 -acre tract is Sherrod Construction Company,
2. The owners of the 48 -acre tract are John Tucker and Henry Tucker.
3. The owners of the 50 -acre tract are Frances Elizabeth Fulton, Frank P.
Zoch, III, Hayden W. Head, Trustees for Frank Peter Zoch, III Testamentary Trust
U/W Frank P. Zoch, Jr.; Frances Elizabeth Fulton, Frank P. Zoch, III, Hayden W. Head,
Trustees for Frances Elizabeth Fulton Testamentary Trust U/W Frank P. Zoch, III,
Co -Executors for the Estate of Elizabeth K. Zoch; Stephen J. Kelberg, J. R. Rainey,
Jr., F. Peter Zoch, II, Deborah D. Shelton, Co -Trustees for Deborah D. Shelton Trust
of September 27, 1977; Margaret R. Turnbull, Robert B. Wallace, Co -Trustees for
Paul Turnbull Trust #1; Margaret R. Turnbull, Robert B. Wallace, Co -Trustees for
Paul Turnbull Trust #2; Yvonne H. Simard and Margaret R. Turnbull.
4. The owner of the 80 -acre tract is Country Club Properties.
5. The owners of the 125 -acre tract are Farrell Dee Smith, Geri Ann
Anderson, A. T. McMurry, Jr. and Texas Commerce Bank of Corpus Christi, Trustees
of the Testamentary Trust created under the Wills of F. J. Smith and Annie T. Smith,
both deceased, and Geri Ann Anderson and Farrell M. Smith, both acting individually.
6. The owners of the 163 -acre tract are Thomas J. Drury, Bishop of the
Diocese of Corpus Christi, Texas, Tim Clower and R. C. Allen. .
EXHIBIT "B"
Wooldridge -Staples Drainage Outfall
Parcels 4, 4A, 4B, 4C
THE STATE OF TEXAS
COUNTY OF NUECES
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Farrell Dee Smith, A. T. McMurry, Jr., Texas Commerce Bank -Corpus Christi,
of the County of Nueces, State of Texas, and Geri Ann Anderson, of the County
of Clarke, State of Georgia, as Trustees of the Testamentary Trusts created
under the Wills of F. J. Smith and Annie T. Smith, both deceased, and Geri Ann
Anderson, A. T. McMurry, Jr. and Farrell M. Smith, all three (3) acting indivi-
dually, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, as specified in the written contract executed
in conjunction herewith by and between the parties hereto, and others, re
"Wooldridge -Staples Drainage Outfall", to us in hand paid, and to be performed,
by the City of Corpus Christi, Nueces County, Texas, the receipt of which is
hereby acknowledged, have granted and conveyed, and by these presents 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 successor's
and legal representatives the free and uninterrupted use, liberty, privilege,
and easement of going in, on, over, under and along a certain tract of land situated
in Nueces County, Texas, and being described as follows:
See: Page 2 (Parcel #4)
Page 3 (Parcel #4A)
Page 4 (Parcel #4B)
Page 5 (Parcel #4C)
Page 1 of 10 Exhibit "C"
Parcel 4
Being an irregularly shaped tract.of land out of Lots 25, 26, 27, 28,
Section 12, Flour Bluff and Encinal Fann and Garden Tract as shown by
map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County,
Texas and more particularly described by metes and bounds as follows:
Beginning at the most northerly corner of abovementioned Lot 28;
Thence S. 60° 55' 30" E., along the most northerly line of said Lots
25, 26, 27, 28, a distance of 2,620.0 feet to a point on the westerly
right-of-way line of a 40.0 foot wide unnamed road dedicated by map of
record of said Flour Bluff and Encinal Farm and Garden Tract;
Thence S. 29° 04' 30" W., along the westerly line of said unnamed
road, a distance of 47.5 feet to a point;
Thence N. 60° 55' 30" W., along a line that is 47.5 feet south of
and parallel to the northerly line of Lots 25, 26, 27, 28, a distance
of 2,552.81 feet to a point;
Thence along a curve to the left, being tangent to the last described
course and having a radius of 67.19 feet, a distance of 105.53 feet;
Thence N. 60° 55' 30" W., along a line, a distance of 2.50 feet to a
point on the westerly line of said Lot 28;
Thence N. 29° 04' 30" E., along the westerly line•of Lot 28, a dis-
tance of 114.68 feet to the point of beginning and containing 2.86
acres, more or less.
'Drainage Easement"
OOLDRIDGE-STAPLES DRAINAGE OUTFALL
srcels 4,4A,4B,4C
•arrell Smith -et al
•age 2 of 10
Parcel 4A
Being an irregularly shaped tract of land out of Lots 30,
31, 32, Section 19, Flour Bluff and Encinal Farm and Garden
Tract as shown by map of record in Volume A, Pages 41, 42,
43, Map Records, Nuccns County, Texas and more particularly
described by metes and bounds as follows:
Beginning at a point on the centerline of a 40.0 foot wide
unnamed road dedicated by the abovementioned map of record,
said point being the most northerly corner of Lot 32;
Thence S. 60' 55' 30" E., along the northerly line of said
Lot 32, a distance of 20.0 feet to a point on the easterly
right-of-way line of the unnamed road for the beginning
point of the tract of land herein described;
Thence S. 60' 55' 30" E., along the northerly line of Lots
31 and 32, a distance of 1,268.23 feet to a point on the
west right-of-way line of Airline Road as it is now estab-
lished;
Thence S. 02° 31' 40" W., along the west line of Airline
Road, a distance of 53.09 feet to a point;
Thence N. 60' 55' 30" W., along a line that is 47.5 feet
south of and parallel to the'northerly line.of Lots 30,
31, 32, a distance of 1,291.96 feet to a point on the •
easterly line of the abovementioned unnamed road;
Thence N. 29° 04' 30" E., along the easterly line of said
unnamed road, a distance of 47.5 feet to the point of be-
ginning and containing 1.396 acres, more or less.
"Drainage Easement"
•00LDRIDGE-STAPLF.S DRAINAGE OUTFALL
.•arcels 4,4A,4B,4C
,arrell Smith -et al -
Page 3 of 10
Parcel 4B
Being an irregularly shaped tract of land out of Lots 25,
26, Section 12, Flour Bluff and Encinal Farm and Garden
Tracts as shown by map of record in Volume A, Pages 41,
42, 43, Map Records, Nueces County, Texas and more par-
ticularly described by metes and bounds.as follows:
-Beginning at the east corner of abovementioned Lot 25,
said point being on the centerline of a 40' wide unnamed
street right of way;
Thence N. 60° 55' 30" W., 20.0 feet to a point on the
westerly right-of-way of abovementioned street;
Thence S. 29° 04' 30" W., along said right-of-way,
47.5 feet to a point for the point of beginning of this
tract;
Thence S. 29° 04' 30" W., along said right-of-way 47.5
feet to a point;
Thence N. 60° 55' 30" W., 640.00 feet to a point of cur-
vature of a circular curve to the right;
Thence along the arc of said curve whose central angle a
26° 43' 14", Radius = 269.90 feet, tangent = 64.10 feet,
a distance of 125.86 feet to a point of reverse curvature;
Thenbe along the arc of a circular curve to the left,
whose angle - 26° 43' 14", radius - 174.90', tangent =
41.54, a distance of 81.56 feet to the point• of tangency;
Thence S. 60° 55' 30" F.., 842.5 feet to the point of
beginning and containing 0.838 acres, more or less.
,rainage Easement"
,oldridge-Staples Drainage Outfall
.rcels 4,4A,48,4C
•rrell Smith -et al
Ige 4'0f 10
Parcel 4C
Being an irregularly shaped tract of land out of Lots 30, 31, 32,
Section 19, Flour Bluff and Encinal Farm and Carden Tracts as shown
by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces
County, Texas and more particularly described by metes and bounds
as follows:
Beginning at a point on the centerline of a 40.0 foot wide unnamed
road dedicated by the above mentioned map of record, said point being
the most northerly corner of Lot 32;
Thence S. 60' 55' 30" E., along the northerly corner of Lot 32, a
distance of 20 feet to a point on the easterly right-of-way line of
the unnamed road;
.Thence S. 29° 04' 30" W., along said easterly right-of-way 47.5
feet to a point for the beginning point of the tract herein des-
cribed;
Thence S. 60° 55' 30" E., 1,291.96 feet to a point on the westerly
right-of-way of Airline Road;
Thence S. 2° 31' 40" W., along said Airline Road right-of-way
69.86 feet to a point for the south corner of this tract;
Thence N. 60° 55' 30" W., 1,323.19 feet to a point on the easterly
right-of-way of the abovementioned 40' road;
Thence N. 29° 04' 30" E., along said right-of-way 62.5 feet to the
point of beginning and containing 1.875 acres, more or less.
•rainage Easement"
-oldridge-Staples Drainage Outfall
,reels 4,4A,4B,4C
:rrell Smith -et al
goof 10
A map of which is marked "Exhibit A", and attached hereto and
made a part hereof for all purposes.
By the acceptance of this easement, Grantee agrees to pay all damages which
may become owed to Doyle Slough by reason of his ownership of a one (1) year agri-
cultural crop lease, and arising out of or from the construction, maintenance,
operation, or repair of the said drainage facilities during said lease term. Grantee
further agrees that, as a condition precedent to the granting and vesting of this
easement, and as the principal consideration to Grantors for the granting of this
easement, is the performance of the executory obligations by the parties thereto,
as set out in the written agreement executed in conjunction herewith, by and between
the parties hereto, and other nearby land owners, named therein, concerning the
Wooldridge -Staples Drainage Project Master Plans of the City of Corpus Christi, Texas,
to provide for the drainage of Grantors' land referred to herein, and the lands of
the other said parties thereto, and it is also agreed that all excavations for a
trench or trenches for drainage facilities including pipes crossing the said unopened
40 foot wide street (Cimmarron) and tying into the subject easement drainage ditch
shall be required by the City to be backfilled and the ground leveled to the end that
the surface is restored to the same grade and with top soil as prevailed at the
beginning of construction and all excess excavated dirt placed without cost to
Grantors on Grantors adjoining property where directed by Grantors or their heirs,
successors or assigns, and to also require that any such drainage facilities permitted
to be placed in said 40 foot wide unopened street be so designed as to not obstruct
or increase in cost to Grantor the cost of a normal drainage installation for
facilities to drain Grantors adjoining land.
The Grantee agrees, as a part of the understanding and agreement of the
parties and as additional principal consideration for this easement, to the following:
(a) All title to the dirt excavated from the herein easement shall
be owned by and the same delivered to the Grantors, and deposited
in the Three (3) surface holes on the Northwest section of Grantors'
land or in strip fashion adjacent to and alongside the drainage
easement but off of the easement, and so done free of any cost to
the Grantors, their successors or assigns, for depositing the same
on Grantors' land;
(b) Not to unnecessarily destroy any trees 4 inches and over in
diameter measured 2 feet above surrounding ground and located
in the easement;
(c) As a condition to the grant and easement agreement, the Grantors,
their heirs, successors and assigns, shall have the permanent,
non -cancellable right and privilege to be allowed to utilize the
drainage facility contemplated herein for their storm water and
rainwater drainage and to provide storm and rain water drainage
from any and all of their presently owned property of approxi-
mately 130 gross acres of land, located adjacent to the proposed
"Drainage Easement"
/ooldridge-Staples Drainage Outfall
?arcel 4, 4A, 4B, 4C
Farrell Smith -et al
?age 6 of 10
drainage facility, said property being Lots 25, 26, 27 and 28,
in Section 12, the W/2 of Section 30, and all of Lots 31 and
32, in Section 19, Flour Bluff and Encinal Farm and Garden
Tracts, Nueces County, Texas;
(d) Grantors shall have the right to subdivide and develop their
said property, utilizing the easement area for all normal
purposes, such as roads, bridges, curbs, gutters, utility
lines, and sanitary and storm sewer lines in connection with
such development; and to such extent said easement shall be
non-exclusive, but shall not interfere with the drainage
facility.
(e) All oil, gas and mineral rights are reserved in fee simple
by and unto Grantors and their heirs, successors and assigns
forever, except Grantors shall not use the easement for
drilling or storage purposes.
The Grantors agree, during the life of this easement, not to build any
buildings or structures, not including fences, over or on the land described in
this easement, except as provided above for streets, bridges, drainage facilities,
sanitary sewer lines, and utility lines.
TO HAVE AND TO HOLD,,all and singular, the rights and privileges aforesaid
to the CITY OF CORPUS CHRISTI, TEXAS, its successors and legal representatives, for
the proper use as a drainage easement and drainage right-of-way, for so long as.
used for such purpose, and if the use of said easement and right-of-way be ever
abandoned, then, in that event, the aforesaid rights and privileges shall cease.
Executed in multiple originals and counter parts, to which witness our
hands this the day of , 1983.
FARRELL DEE SMITH, Co -Trustee A. T. McMURRY, JR., as Co -Trustee and
Individually.
FARRELL M. SMITH, Individually. GERI ANN ANDERSON, as Co -Trustee and
Individually.
TEXAS COMMERCE BANK -CORPUS CHRISTI,
Co -Trustee of Testamentary Trusts
created under the Wills of F. J. Smtih
and Annie T. Smith, both deceased.
BY:
"Drainage Easement"
Wooldridge -Staples Drainage Outfall
Parcels 4, 4A, 4B, 4C
Farrell Smith -et al
Page 7 of 10
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority on this day personally appeared
FARRELL DEE SMITH, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same as
his free act and deed for the purposes and consideration therein expressed, and
in the capacity therein stated.
Given under my hand and seal of office this day of
, 1983.
NOTARY PUBLIC, NUECES COUNTY, TEXAS.
Printed name of Notary:
MY COMMISSION EXPIRES:
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority on this day personally appeared
FARRELL M. SMITH, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as his
free act and deed for the purposes and consideration therein expressed, and in
the capacity therein stated.
Given under my hand and seal of office on this the day of
, 1983.
NOTARY PUBLIC, NUECES COUNTY, TEXAS.
Printed name of Notary:
MY COMMISSION EXPIRES:
'Drainage Easement"
•tooldridge-Staples Drainage Outfall
3arcels 4, 4A, 4B, 4C
'arrell Smith -et al
?age 8 of 10
THE STATE OF TEXAS
COUNTY OF TRAVIS
BEFORE ME, the undersigned authority on this day personally appeared
A. T. MCMURRY, JR., known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same as
his free act and deed for the purposes and consideration therein expressed, and
in the capacities therein stated.
Given under my hand and seal of office on. this the day of
, 1983.
NOTARY PUBLIC, TRAVIS COUNTY, TEXAS.
Printed name of Notary:
MY COMMISSION EXPIRES:
THE STATE OF GEORGIA
COUNTY OF CLARKS
BEFORE ME, the undersigned authority on this day personally appeared
GERI ANN ANDERSON, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that she executed the same as her
free act and deed for the purposes and consideration therein expressed, and in
the capacities therein stated.
Given under my hand and seal of office on this the • day of
, 1983.
NOTARY PUBLIC, CLARKE COUNTY, GEORGIA
Printed name of Notary:
MY COMMISSION EXPIRES:
"Drainage Easement"
Wooldridge -Staples Drainage Outfall
Parcels 4, 4A, 4B, 4C
Farrell Smith -et al
Page 9 of 10
THE STATE OF TEXAS
COUNTY OF NUECES
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 the
same was the act of the said Texas Commerce Bank -Corpus Christi, N.A., a national
bank association, and that he executed the same as the act of such bank for the
purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office on this the day of
, 1983.
NOTARY PUBLIC, NUECES COUNTY, TEXAS.
Printed name of Notary:
MY COMMISSION EXPIRES:
"Drainage Easement"
Wooldridge -Staples Drainage Outfall
Parcels 4, 4A, 4B, 4C
Farrell Smith -et al
Page 10 of 10
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 50,000.00
March 9, 1983
, 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:
Fund No. and Name 2gc, - ct nrm Soutar Rnnd Fund
Project No. 795-70-Ff
Project Name Staples - Woolridge Channel Outfall Drainage
System
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2-55
Revised 7/31/69
Director 'o`/Finance
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 24, 1983
I certify to the City Council that $ 29,750.00 , 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:
Fund No. and Name No. 295 Storm Sewer Bond Fund
Project No. 295-70-66
Project Name Staples -Wooldridge Channel
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
A
Ai:33,9_83
FIN 2-55
Revised 7/31/69
�� 9 ;19e3''
CITY OF CORPUS CHRISTI, TEXAS
CETIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 24, 1963
I certify to the City Council that $(55000.0 , 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:
Fund No. and Name
Project No.
No. 220 Street Bond Fund
220-77-75
Project Name
Cimmaron Bridge at Wooldridge Creek II
frau which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
1X"
FIN 2-55
Revised 7/31/69
-- % , 19 ej
W-
him 9
' t
Corpus Christi, Texas
day of / , 1983
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,
MAY
Council Members
THE Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
11522