HomeMy WebLinkAbout020389 RES - 07/19/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH OAK TERRACE ASSOCIATES FOR THE EXTENSION
OF COMPTON ROAD AND THE ACCEPTANCE OF THE
DEDICATION OF THE RIGHT-OF-WAY FROM OAK
TERRACE ASSOCIATES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby
authorized to execute an agreement with Oak Terrace Associates,
a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A", and accepting the dedication of the
right-of-way from Oak Terrace Associates as more fully described
in said agreement.
ATTEST:
4/WP„)7
City Secretary M.YOR
CITY OF CORPUS CHRISTI, TEXAS
APPROVED: //XTII DAY OF `-`%> , 19 Pi'
HAL GEORGE, CITY ATTORNEY
By
Ass]. - ant City Attorne
015.res
20389 MICROFILMED
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into by and between the City of Corpus Christi,
hereinafter called "City", and Oak Terrace Associates, hereinafter called
"Landowner", acting by and through its General Partner, Henry L. Tucker.
WHEREAS, the City desires to open a street between First National Boulevard
and Flour Bluff Drive with a connecting street to the Flour Bluff Center
Subdivision (O'Neill Street) as shown on Exhibit "A" attached hereto and made a
part hereof; and
WHEREAS, the City has determined that said street shall facilitate and
improve the traffic circulation of the surrounding areas and neighborhoods.
WHEREAS, the City has determined that the construction of said county road
section is necessary to promote the safety and welfare of the public;
WHEREAS, the Landowner shall hereby dedicate to the City the fair market
value of such right-of-way, which is acquired for a public purpose and just
compensation must be paid in accordance with the Texas Constitution;
NOW, THEREFORE, the City and Landowner agree as follows:
1. The Landowner shall dedicate a 60 foot wide right-of-way across Lots
12-16, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Landowner's
property) and a 50 foot wide right-of-way connecting the east west roadway with
the Flour Bluff Center Subdivision as shown on Exhibit "A" and evidenced on
Exhibits "B-1" and "B-2" attached hereto and made a part hereof.
2. As consideration for the dedication of the proposed right-of-way the
City will construct a county road section with 24 foot wide pavement within the
dedicated right-of-way as shown on Exhibit "C" attached hereto and made a part
hereof. In the event that construction of the street has not commenced within
18 months of execution of this agreement by the City this Agreement shall
terminate.
3. The City acknowledges that no assessment for paving shall be levied
against the Landowner's property adjacent to the streets for the work described
in paragraph No. 2. The Landowner shall not be required to construct or pay for
the construction of curb and gutter, sidewalks or pavement widening as part of
the platting process provided the street described in No. 2 above exists at the
time of platting. If, however, in the future, a project to construct curb,
gutter and sidewalk, along the streets, is initiated either through the
Voluntary Paving process or by the City Council declaring said improvements
necessary, the abutting properties will be assessed in accordance with the
provisions of the assessment ordinance in effect at that time.
502RP172.agr
Fx-4,
4. The City, as part of the Waldron Road Improvements project, will
construct drainage improvements in accordance with the Master Drainage Plan from
Laguna Madre to Waldron Road. These improvements will provide a portion of the
drainage outfall for the Landowner's tract.
5. The City will amend the Master Drainage Plan to include all of Lots
12-16, Flour Bluff and Encinal Farm and Garden Tracts in the drainage basin
draining to Waldron Road.
6. The City, as part of the street improvements contemplated in No. 2
above, will utilize the existing drainage easement from Waldron Road to the
proposed street to provide drainage for the street right-of-way.
7. To the extent the terms shall apply, the Landowner shall utilize the
terms of an agreement between Landowner and Exxon Corporation to effect the
relocation and/or adjustment of pipelines as necessary for this project within
owners property at no cost to the City. This shall provide the necessary
right-of-way at no cost to the City for the proposed improvements and
adjustments crossing the Exxon Corporation easements. It is expressly
understood that any adjustments to the pipelines necessitated by this
construction are the sole responsibility of Landowner and the City has and
assumes no responsibility, contractual or otherwise, for such adjustments.
8. Any additional drainage facilities required by the development of the
Landowner's property will be the responsibility of the Landowner.
9. The Landowner further agrees, in compliance with the City of Corpus
Christi Ordinance No. 17112, to complete, as part of this Agreement, the
Disclosure of Ownership Interests form attached hereto and labeled Exhibit "D".
10. Construction of all improvements within the property contemplated by
this Agreement shall not exceed, within reason, the fair market value of all
right-of-way, easements, property dedicated to the City by Landowners, and
assistance in negotiating with Exxon Corporation to effect pipeline relocations
addressed in No. 7.
11. The Agreement shall become effective and shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs,
successors and assigns from and after the date of execution.
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED: OAK TERRACE ASSOCIATES
day of , 1988
By: By:
Assistant City Attorney Henry L. Tucker
Managing General Partner
502RP172.agr
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CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
SERVICES
RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER:
DESCRIPTION:
PROUEpT:
DATE: 1-22-87
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DEPARTMENT OF ENGINEERING
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RIGHT OF WAY/ EASEMENT ACQUISITION
OWNER:
DESCRIPTION:
PROJECT:
DATE: 1/22/87 SCALE: 1"= 30'
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City
to provide the following informotion. Every question must be answered. If the question is not opplicoble, answer with
"NA." Corporations whose shares are publicly traded and listed on notional or regional stock exchanges or over-the-
counter markets may file a current Securities and Exchonge Commission Form 10-K with the City in lieu of answering
the questions below. See reserve side for definitions.
FIRM NAME:
STREET: CITY: 71P•
FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner (
4. Associotion ( ) S. Other ( )
DISCLOSURE QUESTIONS
If additional spoce is necessary, pleose use the reverse side of this poge or attoch separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above nomed "firm." -
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Nome Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Nome Board, Commission, or Committee
CERTIFICATE
1 certify that all information provided is true and correct as of the dote of this statement. that I hove not knowingly
withheld disclosure of any informotion requested: and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texos as changes occur.
Certifying Person: Title.
(Typo or Pony)
Signature of Certifying Person: Dote:
99.066.01
Corpus Christi, Texas
/$41 day of C� , 198
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero"_`I"
Clif Moss 6 d
Bi11 Pruet Q1-110
Mary Rhodes
Frank Schwing, Jr. G
Mary Pat Slavik6411
Linda Strong
20389