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HomeMy WebLinkAbout17704 ORD - 07/13/1983AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A RIGHT-OF-WAY EASEMENT FROM FRANCES KOSAR SNYDER OUT OF LOTS 1 AND 2, SECTION 2, BOHEMIAN COLONY LANDS, PROVIDING FOR GRANTOR TO CONSTRUCT CURB, GUTTER, SIDEWALK AND MINOR PAVEMENT TRANSITION; 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 accept a right-of-way easement dedication from Frances Kosar Snyder individually and as Executrix of the Estate of Paul Snyder, providing for the dedication of a 979 foot long by 20 foot wide strip of right-of-way along the west side of Everhart Road south of Saratoga Boulevard being out of Lots 1 and 2, Section 2, Bohemian Colony Lands, a copy of which easement dedication is attached hereto and made a part hereof, marked Exhibit "A" whereby Grantor agrees to construct curb and gutter and sidewalk and minor pavement transition to City requirements, along the total length of such right-of-way easement dedication upon future platting of Grantor's property. 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 for efficient administration of City affairs by accepting the aforementioned easement dedication at the earliest practicable date, 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 take effect upon first reading as an emergency measure this the /3 day of July, 1983. ATTEST: APPROVED: % DAY OF JULY, 1983 J / Bruce Aycock, Cit ttorney MAYOR THE CIT OF CORPUS CHRISTI, TEXAS 17704 BSEP 28 ton CROFILME6 EVERHART ROAD RIGHT OF WAY EASEMENT -1983 (Lots 1,2, Sec. 11, Bohemian Colony Lands) RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X X 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 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 re- ceipt of which is hereby acknowledged, have granted and conveyed and by these presents do grant and convey unto the City of Corpus Christi, Nueces County, 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, 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 strip of land out of Lots 1 and 2, Section 11, Bohemian Colony Lands, shown by plat recorded in Volume A, Page 48, Map Records, Nueces County, Texas, and further described as follows: Beginning at a point on the original centerline'of Everhart Road, being the east corner of Lot 2, Section 11, Bohemain Colony Lands, shown by plat recorded in Volume A, Page 48, Map Records, Nueces County, Texas; Thence N. 61° 30' W., 20.00 feet to a point on the existing westerly right-of-way of Everhart for the point of beginning of this tract; Thence S. 29° 03' W., along said right of way 660.00 feet to a point for the south corner of this tract; Thence N. 61° 30' W., 20.00 feet to a point; Thence N. 29° 03' E., 979.21 feet to a point for the north corner of this tract; Thence S. 55° 24' E., 20.09 feet to a point on the afore- mentioned Everhart Road right of way; Thence S. 29° 03' W., along said right of wav 317.07 feet to the point of beginning and containing 0.449 acres, more or less. Maps which are marked "Exhibit A" and Exhibit "B" are attached hereto and made a part hereof for all purposes. Page 1 of 5 E'xb.'�n. It is agreed that the street will be improved as shown on the attached drawing marked Exhibit "B" and at no cost to the Grantor. It is also agreed that at the time the property is platted the im- provements will meet the requirements of the Grantee and only the curb and gutter and sidewalk and minor pavement transitioning will be a requirement of the platting and developement. Together with the free ingress, egress and regress to and for the City of Corpus Christi, for the purpose of constructing streets,' sidewalks, curbs, gutters and appurtenances upon said tract and way for the public use by foot, with automobiles, carts, carriages, and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along, and upon said tract and way, as well as for laying, repairing, servicing, and maintaining of public utility lines and storm sewers in, on, over, under and along said tract or way. TO HAVE AND TO HOLD, all and singular, the rights and privileges a- foresaid to the City of Corpus Christi, Texas, its successors and legal re- presentatives and the public, for the proper use as public streets and utility easements, or utility easements for so long as used for such purposes or any of them, and if the use for said tract and way for all of said uses be ever a- bandoned, then in that event, the aforesaid rights and privileges shall cease, and all rights herein granted shall revert to the Grantor herein, his heirs or assigns. Witnessed my hand, this 2 7 day of THE STATE OF TEXAS COUNTY OF NUECES X X ,J a../L/E , 1983. Stat 1. — 43 -KO"" - a a_ 1 Frances Snyder, aka, Frances Kosar Snyder, a widow, Individually and as Independent Executrix of the Estate of Paul Snyder, deceased. This instrument was acknowledged before me on LG G % 1983 by Frances Snyder, aka, Frances Kosar Snyder. C'//7/ ad(4ff,1 Notar}i/Public in and for the State of Texas (NO please stamp, print or type name + expiration date of notary below) Y.OLANDA BARREM My Commission Expires"- Y----- "Right -of -Way Easement" EVERHART ROAD RIGHT OF WAY EASEMENT (Lots 1,2,Sec. 11, Bohemian Colony Lands) Page 2 of 5 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 By: , 198. CITY OF CORPUS CHRISTI, TEXAS K. Lontos, tant City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 198 J. BRUCE AYCOCK, CITY ATTORNEY By: THE STATE OF TEXAS 1 COUNTY OF NUECES ( Assistant City Attorney CITY OF CORPUS CHRISTI 1801 N. CHAPARRAL ST. CORPUS CHRISTI, TEXAS 78401 This instrument was acknowledged before me on 198_ by James K. Lontos, P.E., Assistant City Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas (NOTE: please type, print or stamp name & expiration date of notary below) "Right of Way Easement" EVERHART ROAD RIGHT OF WAY EASEMENT (Lots 1,2, Sec. 11, Bohemian Colony Lands) Page 3 of 5 EXHIBIT "A" LOT / LOT N 29`03'e A16/°30W CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING a PHYSICAL DEVELOPMENT. RIGHT OF WAY/ EASEMENT ACQUISITION OWNER: Frances Kosar Snyder -a widow DESCRIPTION: 20' wide strip/Lots 1,Z, Sec. 11, Bohemian Colony Lands. PROJECT: E 'ert.arc Road Ruth -o= -Was. Es ' mcnt-L983 DATE: 4-15-83 SCALE: /"'-,' ' BY. GM 5 55''2x- 20.09 ' O Corner Lof 2 P.O.S. ''Right -of -Way Easement" Page4 of 5 CEDAR PASS EXHIBIT "B". EXHIBIT "11" 0 ko PROPOSED CURB a GUTTER 1320.12' LOT 2 RYAN SNYDER PROPOSED R.0.W. DEDICATION 0 w 0 LOT 1 SNYDER 1122.04 EVERHART RD, 2644.34 660' PROPOSED N W 2O' R o.w EXIST. CURB APPROX. LIMIT OF EXIST. PVMT. PLAN EXISTING 60' R.O.W. 0 m MIDDLECOFF FL 20' 0' 21.5' PROPOSED IMPROVEMENTS SWALE' 13 4" TOTAL ASPHALT THICKNESS 20.5' 1" TYPE "D' & 3" TYPE "B" HOT MIX ASPHALTIC CONC PRIME COAT •• • • 1 • • U I SUBGRADE 95 % STD. PROCTOR DENSITY 8" COMPACTED CALICHE 98% STD. PROCTOR DENSITY SECTION A -A • r 12.5' 4' 6"L C.&G. z w L C 3 E CJ w H O •a 3 G�^I • a C) w ed a > = w w Corpus Christi, Te day of, 198 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 / it%4V MAYOR THE CIT "F CORPUS CHRISTI, TEXAS The above ordinance was passed .J the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 47'704