HomeMy WebLinkAbout19613 ORD - 01/19/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MEP JOINT
VENTURE FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A
MAJOR DRAINAGE OUTFALL IN THE DEVELOPMENT OF THE BLANCHE
MOORE TRACT; APPROPRIATING $563,128; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: a.
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with MEP Joint Venture for the City's share of construction costs for
a major drainage outfall in the development of the Blanche Moore Tract, 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 $563,128 from the
No. 295 Storm Sewer Bond 'Fund applicable to Project No. 295-87-1.1, Blanche
Moore Tract.
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
executing the abovementioned agreement 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 reslutions at three
regular meetings so that this ordinance is passe and shall(/take effect upon
fir t reading as an emergency measure this the.day of
19 x�%
ATTEST:
City Secretary
APPROVED: (7 DAY OF
HAL GEORGE, CITY ATTORNEY
By
Assistant Cit ;o'torney
01P.119.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
13613 MICROFILMED
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT entered into between the City of Corpus Christi, a
Texas municipal corporation, hereinafter called "City", and MEP Joint
Venture, hereinafter called "MEP", a joint venture of Parkway
Investment/Texas, Inc., a corporation, and Paul C. Pearson, III, Lorine
Jones and Charles H. Davis, as Independent Co -Executors of the Estate of
Blanche D. Moore, Deceased.
W ITNESSET H:
MEP proposes to develop the land described in Exhibits "A" and "B"
attached hereto, collectively called the "Moore Tract" and a plat of which
is attached as Exhibit "C". A conceptual plan of such development has been
furnished the City by MEP. The purpose of this agreement is to provide (i)
a resolution of the transportation issues involving the tract and areas
immediately adjacent to the tract, (ii) to provide resolution of adequate
drainage to the Moore Tract and an adjoining tract, and (iii) to provide
water and wastewater to the Moore Tract, all to the extent required by its
full development. MEP will make application to the City Council of the
City for the amendment of any City Master Plan required to carry out any
provision of this agreement.
In consideration of the premises and the mutual agreements of the
parties herein contained, the parties have agreed that:
TRANSPORTATION
1. MEP will dedicate to City a strip of land containing approximately
7,513 square feet off the southwest portion of the Moore Tract for the
purpose of extending Corona Drive along the route shown on Exhibit "D"
attached hereto, and will pay construction assessments in accordance
with City Ordinance No. 17154, No. 17921, and No. 18978. The
dedicatory deed will be held in escrow by MBank of Corpus Christi for
delivery to City when the Corona extension is actually assured,
contingent upon the Master Transportation Plan being amended to delete
the extension of Corona Drive through the Moore Tract and to divert
such street to merge with Williams in accordance with Exhibit "D".
2. City agrees to use its best efforts to acquire at its sole cost that
portion of Lots 7 and 8 shown on Exhibit "D-1" which adjoins the Moore
Tract and to grant MEP for a consideration of Ten Dollars ($10.00) and
the other valuable considerations to City reflected by this Agreement,
an easement forty feet (40') in width along the route selected by the
City for the purpose of providing a service road for vehicular traffic
to and from the Moore Tract. A cut in the median opposite the
curb -cut on the Moore Tract will be allowed for traffic to enter the
service road from the lanes running east and west on Corona. City
agrees to proceed in hiring an appraiser within thirty (30) days after
the effective date of the aforesaid amendment of the Master
1'
Transportation Plan and to commence action to acquire the necessary
property within thirty (30) days from the receipt of the appraisal.
If the City does not acquire such property, but MEP acquires it, the
City agrees to allow the curb -cut and median -cut described above for
ingress and egress to the Moore Tract from Corona. If neither the
City nor MEP acquires such portion of Lots 7 and 8, MEP shall be
allowed a curb -cut thirty five feet (35') in width at the most
southerly portion of the Moore Tract fronting on Corona for the
purpose of providing an exit -only service road extending from the
Moore Tract to Corona Drive.
3. The City will proceed to amend the Master Transportation Plan to
delete the extension of Betty Jean Drive as a public street through
the Moore Tract. The planning and construction of the extension of
Betty Jean Drive as a private road will be at the discretion and at
the risk of MEP. Should MEP make application at a later date to have
that portion of Betty Jean Drive extending through the Moore Tract
accepted by the City as a public street, it will not be accepted
unless brought to the City's standard requirements at the cost of MEP.
4. City will provide MEP with copies of street specifications of the
stubs of Nelson Lane, Burton Lane and Betty Jean Drive extending to
the Moore Tract. These streets, to the point of their extension to
the Moore Tract, will be built at the City's cost, with a flexible
base material with asphalted concrete surface to the standards of
other streets within the City of Corpus Christi. City will apply the
street assessment policies to be used in the Gardendale project to
those properties abutting the stub streets.
5. MEP will dedicate to City as a part of Everhart Road a strip of land
ten feet (10') in width along the northwest side of the Moore Tract so
that Everhart will then be at its full right-of-way width, as shown on
City's Master Transportation Plan for Everhart adjoining the Moore
Tract. City agrees to widen at its expense the existing pavement
section to minimum City requirements as indicated on the City's Master
Transportation Plan and in conjunction with the construction of the
Burton Lane -Mary Carroll Ditch Drainage project described hereinafter.
A curb -cut thirty-five feet (35') in width on Everhart will be allowed
MEP for right turn ingress and egress to and from Everhart at the
northwest corner of the Moore Tract, until the service road and
curb -cut off Corona described in paragraph 1 above is in operation, at
which time such curb -cut will no longer be used and will be closed.
DRAINAGE
In order to meet the drainage requirements of the Moore Tract when fully
developed and a 9.5 acre tract along Everhart adjoining the Moore Tract and
in order to reduce the drainage into the Williams Drive drainage system,
thus, improving drainage within the boundary of the system, City agrees to
complete construction of the Burton Lane -Mary Carroll Ditch project
described in Exhibit "E" attached hereto (Drainage Project) by June 1,
1988, unless prevented by any occurrence over which City has no control.
MEP will employ a competent engineering firm to prepare plans,
specifications for, and oversee the construction of these drainage
facilities. The total construction, utility relocation, and engineering
MEP Joint Venture
Blanche Moore Tract
Page 2 of 4
costs of the Drainage Project (including all costs of over -sizing MEP's
internal drainage system to accommodate the 9.5 acre Everhart tract) will
be paid as follows: City will pay the entire cost of widening and
deepening the Mary Carroll Ditch portion of the drainage project utilizing
funds from the 1986 Bond Program. City will also pay all costs of the
Burton Lane outfall portion of the drainage project until $563,128 has been
expended by it; MEP will pay the balance of the cost for the Burton Lane
outfall portion of the drainage project, the total cost of which is
estimated to be $1,200,000. MEP will let a construction contract pursuant
to a competitive bid process. Upon receipt of bids and contract award the
City will deposit to an escrow account at MBank, Corpus Christi, Texas,
$563,128 in total satisfaction of City's share of the cost of the Burton
Lane portion of drainage project. Draws will be made on said escrow
account upon completion of each phase of the project, until said funds are
exhausted. City, at its sole cost, will coordinate the paving of Burton
Lane upon final completion of the drainage project, together with other
Gardendale improvements, in order to eliminate duplication of costs. Plat
approval, building permits which would be issued, and construction plans
for paving and utilities which would be approved if the drainage project
had been completed, will be issued and approved by City prior to completion
of the drainage project to the same intent and effect as if it were 4
completed.
WATER AND WASTEWATER
MEP agrees to provide the proper extensions of water and sewer to serve the
Moore Tract, paying all pro rata and acreage fees as required by existing
City ordinances. These are standard requirements and MEP will comply with
ordinance requirements for water and wastewater in connection with its
development of the Moore Tract.
EXECUTED IN DUPLICATE ORIGINALS, this day of , 19
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Craig A. McDowell, City Manager
APPROVED: MEP JOINT VENTURE
day of , 19
Assistant City Attorney
MEP Joint Venture
Blanche Moore Tract
Page 3 of 4
By
Title
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 19
by Craig A. McDowell as City Manager for the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
by
of MEP Joint Venture.
MEP Joint Venture
Blanche Moore Tract
Page 4 of 4
as
, 19 ,
Notary Public in and for the State of Texas
El.+„'1 •, I ..1th 11o. 23324.01
ENGINEERING I
CORPUS C11RISfl. 1EXA5 J
P. 0. BOX 6355, 2125 SWAiJT14E11
CORPUS CIIfitS71, TEXAS 70411 PHONE 054.3101
Fcixrtery 12, 1986
STATE OF TEXAS
IXXJNWY 0° NUECES
f I EL 01101 ES for 105.18 acro tract of laxed out of Lois 9 thru 16, Section 3, Flour Bluff
aryl Encina) firm cd Cardefi Trouts, a map of which Is recordud In Volume A, Pis 41 thru 43,
flap Records of Nuaces runty, Taxes:
BEOINNINO at 5/8 Inch Iron rod found at the Intersection of the West right-of-way lire
o( South Stales Street with the ibrlh boundary of Lot 22, Block 11, 0artl xxisle Addition lb. 3, o
moo of which Is recorded In Volume 12, Peva 59, of OA Map Rocords of Nusces County, Texas, for
the Soullmst corner of this survey, from whici corner the ilortha;rt error of mid Lot 22, Blot
11, boors South 60'5B'57' East, 10.00 feet;
711Ei10E North 60'58'57' West, along the Ikx'ih bound w y of Lois 22 and 19 thru 12, said
Block 11, 590.56 foot to a 5/8 inch Iron roar found on the East twurxtryof the Blanche Moore
School Tract et ilia ammon reor corner of Lots 11 end 12, sold Black I I, for tit Inside cx fu r of
this oowvoy;
111Ei CE llorlh 28'55'43' East, along (ho East hourxkry of sold School Trot, 455.00 feet
to Its Northeast caner for on instils corner of this survey;
iIIEIICE North 61'02' West, along the !forth bairsic y of sold School Tract, at 0.26 fool
pass a 5/8 incl iron rod found on line In ell a dIstenoo of 660.00 foot toe 5/8 Inch Iron rod found
at Its Northwest corner for an Inside) corner of this survey;
iIIEiIC£ South 28'58'19" West elaog the West bcurxkiry of sold School Troch, 455.00 foal
to e 1 Inch Iron rod (and at (lie Northwest corner o1 sold Block 11 and the Northeosl corner of
Burton Lane for on Inside corner of this survey;
THENCE
Hurth 61'02'25' Wes( along the North bourxloty c; Cortorxhle No. 3, 3,958.01
(rot toe 5/8 in;h Iron rad set nt the Northwest corner of Lot 1, flock 14, said tbrtoxdole 110 3, on
1110 East bairxbry of Evorhorl fieri for the Southwest corner of this survey; frau which corm o
5/8 irxii Iron rad found bears ikx (h 61'02'25' West, 1.50 feet;
THENCE North 78'59'51' Ensl, nlong the Eos( bo iniry of Everhart turd, 30.0 feet
distant fl an the or 10101 centerline thereof nieasursJ el righht tingles (Thereto, 621.91 fret to a 5/8
Inch iron rat set at the {mint of curvature of a circular curve to lie rlot it which has a central angle
of 13'12'31' end a radius of 415.74 (cel, which point Is the Joint Southeast end Southwest caner
of a tract of lend rxmve,red by Blanche 0. tisore to IIIe City of Dnrpus Christi by that dated February
14, 1943, rocerdxl In Volume 1521, Par 360 of the /turves Qyrity Good Recon t;
1':Ir,r• 1 r.r 7 EXHIBIT "A"
vol, •i .:: .�c'i.11l
r thrtr ry 12, 1985
1-rh2
105.1S Bras
TI I1-.1; in n t6-r'thrrfy dlrrctim Meng the Erol bourvtry of ;aid Ctly of Corpus Christi
Trrct on sold curve In It richt ran ere dlslrt n 0( 95.85 feat to a 5/3 Inch Iron rod sot el tl-n point
o; truer' which Is olso iha point of curvature of a cIrclllcr curve to the loft which has a cefllrol
fngia of 13'12'31' end o rciius of 415.74 feet;
TI tE110E In a tkrtlxrly dlrrrtlrc, rrnlInuing along thn rent bavrxlxy of xid Ctly of Corpus
Ux tell irx;t nn oold curve to (ha loft on arc dlstn nee of 95.05 foot to a 5/8 inch Iron rod oot of Uns
Point of (mgon y;
1I IEttfE mntinidnq along llm fieri ixxuxbr'y of !Aid City of Corpus Clr1stl tract, Nath
20'59'51' East, 90.54 fool to n S/3 Indo Iron rod farad al tho point of curvature of o circular
curve to tho which Ins o control mole of 89'55'46' endo radius of 10.00 feet;
1IVICE nlralq sold atrvo In n Iklrilrrly and ilorihnnslrrly direcllm on atdlsialce of
15.70 foal In a 5/8 Inch Iron ral found of tins point of toncnn y on ll n South haurxl'ry of e
r Writ -of -very avowed to the Stole of Tnxrs fa South Pdr'o !Mend Drive IN Blenche Moore es
Prrcol 14o. 2 In deaf doted Jrnuory 10, 1956, marded In Volume 719, Pop 593 of the Nuoces
County band Records;
1I IE110E along tho South bo ndrry of South Pedro Isinnd Drive os follows:
5nilh 61'01'18' Eost, 237.16 feat found a ccvicrolo monument;
South 65'01'23" Erni, 501.32 fent found a oorrseta monument;
South 61.00'40' Fnst, 3,679.37 font found n nom:rote monument;
5Olith 56'59'33" East, 501.12 frail fowl a calcrote mnflumeni rM South 60'54'01' Eesl,
o t 199.99 foot found n dlslurhod mm'otn monument, In ell a dlotonce of 200.67 fool to 5/8 Inch
iron rad sot nt tins point of aurvnluro of n circular curve to tho Holli whfch has o control angle of
89'51'16" cod a radius of 50.0 foot; sold point of curvature 101ng the Northwest corner of a trot
of land conveyed by Broncho 0. Moore to the City of Corpus Christl for South Staples Street by docd
dnlai July 11, 1972, rocar'dod In Volume 1136, Pope 851, Deed Rctxrds of Nita= County, TUBS:
11IE110E along lint West rly ho urxhry of South Slepin, Slrcol cn sold 50 foot rrdlus curve to
Nr. dell In on Foslrriy and S ulhornterly direction m arc distance of 7E1.16 fool to 5/3 Inch Iron
rod sot at llo point of tangxxy;
follow:
1IIE110E along the Wort t'r;<Ir>;kxy of South Staples Wool cccor'ding to last menlloned (food os
Soulh 29'00'15" Wnit, -i 0 35 fool plus e broken c neroto monument, In oll a distance of
191.35 furl 10 n 5/0 Inde Irni r•.r ;••'i;
Snrrtl,
77'10'11' Wn;t, 313 81 foot to a 5/8 Inch Iron rd S91 end South 29'00' 15" West,
55.21 fool to lira POINT CE OEOIN111/;0.
Brewing; ho eionrero -i plat nfflour Bluff rndEncino' Form arid brchnTract.
/C4
P�'{�I
GEORGE P.'.
N 1P/iii
URBAN EUUOIIuEFITI"'O
Ck-rroni1
:urn7Or2
111.1Cf 1:
Ints 1, 7, 3, 4, 5, f,, 7, 8, 9, 10, mxd 11, Block 11, CAI11111111AI3i Al1IT1011 IAT.
3, an addition to the City of Col haus Christi, Texas, ns shun, by nap or plat
thereof recorded in Volum 12, Inge 59, Ilop Records, fhleces County, Texas.
1 .dCr 2:
All That certnin tract, piece or parcel of lnorl, out of lots 9 and 10, Section
3, Il11Uit III 11) 1' AM 111011)41. r4tlt AND CAIt01'll 11IACIS, Nncces County, Texas, n
amp of Odell Is recorded In Volune A, rylges 111 that 43, Nap Records of Nimes
County, 'Texas, sone being a rectangular plot of ground 6G0 ft. by 160 ft. 1,
size nixl further described as lying Northeast of Lots 1 to 11, inclusive, Block
11, Cnrdendale Addition no. 3, Nueces County, Texas, nccording to the map of
said addition f11cxl in Volume 12, pages 59, of the Map Records of Nueces Cmmty,
Texas and further described ns follows:
Beginning nt the West of Northwest corner of Lots 1, Block 11, CAR01110ALC
ADD1'fIB1 N0. 3, thence northeasterly in n straight line with the extension of
the eastern boundary line of Burton Ione, n distance of 1G0 feet to n point
for n corner; thence nt right angle and In nn easterly direction n distance of
6G0 ft. to n point for n corner; thence nt right. angle nod in a southerly
clcrection n distance of 160 feet to point for n corner, sono being the east
northeast rner of Int 11, Block 11, 0nrdendnle Addi Lion Ho. 3; thence al
right angle nod in n westerly direction along the northern or northeastern
lnundary Zine of Carde:xdole Addition No. 3 n distance of GG0 ft. to the point.
of beginning,
Being the same property ns described in Warrnnty Deal rioted February 5, 1951
Cron A. I.. Hoare mid wife, Blanche More Lo l•rnsteos of the Sundeon Independent
School DIstrict, recorded 111 Volune 504, page 251, need Records, Nueces County,
Terns.
"TACT 3:
All that certain tract, peice nr parcel of land, out of lots 9 and 10, Section
3, 111)1111 NI UIT AND 141C11141. mu AND 6Ai111.11 TRACIS, Nueces County, Texas, a map
of which is recorded 1n Volume A, pnges 41 thnr 41, Ilap Records of Nueces
county, Texas, more particularly described by metes and bounds as follows:
negioning at the most northerly nr northwest corner of lot 1, Block 11, Cnrdendale
Addition No. 3 ns shawl[ by map or record flied In Volume 12, page 59, ftp Records
of Ilueces (kmnty, 'Texas;
lhcnce with the projection of the westerly boundary line of said Lot 1, North
28° 591 20" rust 160 feet to nn Iron rad set for the most northerly corner of
the Blanche Iloore filnnentnry School trnct for the most westerly corner of this
tract and the point of beginning;
'Thence, continuing with said projection North 20° 59' 2011 Past 295 feet to a
5/0" iron rail set for the mast northerly corner of ibis tract;
Thence, South 6t.° 00' 40" Fast 660 feet to n 5/0" Iron rod set for the most
rnsterly corner of this tract;
hence, South 20° 59' 20" weal. 295 fent to n 1/2" iron pipe set. for the most
easterly corner of sn Id 111nnche Iloore Elementary School Tract and the mast
southerly corner of this tract;
Thence, with the northeast boundary line of sold school trnct, the southwest
I nnodnry line of this tract, north 61° 00' 40" West 660 feet to the point of
heglnntng.
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o-1-- EXHIBIT "Er'
34_L. BLANCHE MOORE TRACT
LEGEND
SAE.^,ATOGA
ANDRA
LARAMIE
CITY LIMIT LIN anche Moore Property
. 3:; 9.5 Acres City Participation
_ rivi Burton Outfall
772 Mary Carroll Channel
�..* 4 r—/ \ `r I \
DER H
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 14, 1987
I certify to the City Council that $ 563,128.00 , 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.' - 295-87-1.1
Project Name - ' Blanche Moore Tract
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
��1�. , 198/
FIN 2-55
Revised 7/31/69
4.53, �� S. 01) -
- /// sl s7
•
Corpus Christi, Ty as
<c' day of
, 1982
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 passed y the following vote:
Luther Jones
Dr. Jack Best /
David Berlanga, Sr. / _
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
19613