HomeMy WebLinkAboutC2011-437 - 9/30/2011 - NARight-of-Way Exchange Agreement
THE STATE OF TEXAS §
BY THIS AGREEMENT
COUNTY OF NUECES §
The City of Corpus Christi ( "City") (1201 Leopard, Corpus Christi, Nueces County,.
Texas, 78401) and Asset Development GP LLC ( "ADC ") (14650 Compass St., Ste 1,
Corpus Christi, Texas 78418) agree to enter into this Right -of -Way Exchange Agreement
for the purpose of exchanging property rights needed by each party through the process
of vacating and abandoning, granting, dedicating or other means, in order.to convey these
rights to each other.
WHEREAS, the City needs to acquire the necessary street right -of -way (ROW) and
drainage easement for the Aquarius Street, Dasmarinas to Commodores, Project No.
6472 (the "Project "); and
WHEREAS, the existing unimproved Aquarius street ROW has an existing 16" water line
and 6" wastewater force main and these existing utilities must be able to remain in place
during construction, in service and fully operational until the new force main is completed
and placed into service; and
WHEREAS, ADC has agreed to dedicate the needed street ROW, Utility Easement, and
Drainage Easement for the City's Aquarius Street Project in exchange for the City's
promise to (i) abandon and vacate the existing unimproved street ROW;(ii) abandon the
reserved Utility Easement; (iii) abandon in -place the existing utilities within an agreed
period of time after the new utilities are in place and fully operational, and after the City
Engineer has determined that the old utilities are obsolete; and ,(iv) the City's promise that,
if future development results in a need for the City to abandon the Drainage Easement
dedicated under this Agreement, the City shall not require ADC to pay fair market value
for said abandonment.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. DUTIES AND OBLIGATIONS OF ADC:
A. ADC shall vacate the necessary portions of Island Fairway Estates required to
dedicate the new Aquarius Street ROW within a reasonable amount of time after
the parties execute this Agreement not to exceed 15 business days.
B. ADC shall dedicate to the City the needed street ROW Easement for the new
Aquarius Street ROW within a reasonable amount of time after the parties execute
this Agreement not to exceed 15 business days.
See the metes and bounds property description attached and
incorporated as Exhibit A, and a map showing the location of
the Street ROW.attached and incorporated as Exhibit B.
201.1 -437
09/30/11 Page I of 3
Iquarius Street, Dasmarinas to Commodores Project No. 6472
Asset Development GP LLCirQw"w�
ADC shall dedicate the property by recordable instrument in the same or similar
form as the form attached hereto as Exhibit C, and acceptable to the City's
Department of Engineering Services, Property and Land Acquisition Manager.
C. ADC shall dedicate to the City the needed Drainage Easement for the Project by
recordable instrument acceptable to the City within a reasonable amount of time
after the parties execute this Agreement not to exceed 15 business days.
See the metes and bounds property description attached and
incorporated as Exhibit D, and a map showing the location of
the Drainage Easement attached and incorporated as Exhibit E.
D. As the exchange of rights -of -way, easements, and other property rights
contemplated in this Agreement is considered equivalent in value and additional
compensation from either party is not required the City shall not require ADC to
pay any dollar amounts or additional property values representing payment of fair
market value for the ROW being abandoned in the vacating, plat for Island Fairway
Estates, the abandonment and vacation of the old Aquarius street ROW that is no
longer needed, the abandonment of the reserved Utility Easement, the abandoning
in -place of the obsolete utility lines, or the possible future abandonment of the
Drainage Easement dedicated under this Agreement.
II. DUTIES AND OBLIGATIONS OF THE CITY:
A. Provided that ADC provides the City's Department of Development Services with
the all necessary documentation and submittals, including but not limited to a
metes and bounds description of the property and the associated map in .pdf
format, in order to notify affected agencies for their comments, the City agrees to
take all steps required by the City's staff and its Department of Development
Services in the abandonment and vacation process, to abandon and vacate the
existing Unimproved Aquarius street ROW no longer needed and reserve a Utility
Easement (UE) for the existing utilities, by initiating the required proceedings to
abandon and vacate the existing street ROW, by City Council, after public hearing,
under §49 -12, as amended July 2004, City of Corpus Christi Code of Ordinances,
within a reasonable amount of time after the parties execute this Agreement not to
exceed 90 calendar days. The City shall reserve a UE that provides for full
operation and maintenance of the existing utilities.
B. The City shall abandon the reserved UE when obsolete by initiating the required
processes, including the procedure under §49 -13, as amended, to abandon the
reserved UE within a reasonable amount of time not to exceed 120 calendar days
after the City's acceptance of the completed construction project(s) to install the
replacement utilities.
C. The City shall abandon in -place the existing utility lines when obsolete for the
purposes of possible reuse by ADC, by plugging and /or capping and sealing the
lines, as requested by ADC.
Page 2 of 3
ROW Exchange Agreement / Aquarius Street, Dasmarinas to Commodores Project Flo. 6472
D. As the exchange of rights -of -way, easements, and other property rights
contemplated in this Agreement is considered equivalent in value and additional
compensation from either party is not required, the City shall not require ADC to
pay any dollar amounts or additional property values representing payment of fair
market value for the ROW being abandoned in the vacating plat for Island Fairway
Estates, the abandonment and vacation of the old Aquarius street ROW that is no
longer needed, the abandonment of the reserved UE, the abandoning in -place of
the obsolete utility lines, or the possible future abandonment of the Drainage
Easement dedicated under this Agreement.
111. MISCELLANEOUS
A. Nothing in this Agreement may be construed as exempting either ADC or the City
from any federal, state, or municipal laws, or as a waiver of any city ordinances or
the standard requirements of a city department, with specific reference to the
Municipal Codes of the City of Corpus Christi and to the standard procedures and
requirements associated with the operations of the City's Department of
Development Services and the Department of Engineering Services.
B. This Agreement survives the vacating and abandonment process and the delivery
of easements, dedication instruments, and other necessary documents, and all
terms and conditions remain in effect between ADC and the City.
C. Time is of the essence
Executed in duplicate this �3 0_ 1 � date of 8 EMy , 2011.
CITY OF CORPU5_I-4RIST1
Man
Date: 2011
ASSET DEVELOPMENT GP
0
Elul Schexn
president
Date: 2011
Approved as to legal form: ' q- X — 9 (9[�
Veronica Ocanas
Assistant City Attorney
for City Attorney
Page 3of3
ROW Exchange Agreement / Aquarius Street, Dasmarinas to Commodores Project No. 6472
UK RBAN Job September 1 14, 201 0
' . 4, 2011
ENGINEERING
STATE OF TEXAS
COUNTY OF NIECES
Fieldnotes for a 3.766 acre tract of land out of the following:
Lots 2 thru 9, Block 9, Padre Island- Corpus Christi, Commodore's Cove Unit 2, a map of which is
recorded in Volume 38, Pages 36 thru 44, Map Records of Nueces County, Texas;
Aquarius Street, a 60 foot wide public roadway, as shown on the plat of Padre Island- Corpus, Christi,
Barataria Bay Unit 5, a map of which is recorded in Volume 34, Pages 117 and 118, Map Records of Nueces
County, Texas;
Aquarius Street, a 60 foot wide public roadway, as shown on the plat of Padre Island - Corpus Christi,
Island Fairway Estates, a map of which is recorded in Volume 38, Pages 55 thru 61, Map Records of Nueces
County, Texas;
Block 26, Padre Island - Corpus Christi, Island Fairway Estates, a map of which is recorded in Volume 40,
Pages 154 thru 159, Map Records of Nueces County, Texas;
Lots 22, 23 and 24, Block 43, Lots 3, 4, 6, 7 and 8, Block 43, Lots 1 and 9, Block 44, Maracaibo Drive
and Zamza Drive, Padre Island - Corpus Christi, Island Fairway Estates, a map of which is recorded in Volume 42,
Pages 10 and 11, Map Records of Nueces County, Texas;
Lots 18, 19, 20 and 21, Block 34, Lots 11 and 12, Block 36 and Estrada Drive, Padre Island - Corpus
Christi, Island Fairway Estates, a map of which is recorded in Volume 40, Pages 18 and 184, Map Records of
Nueces County, Texas;
Said 3.766 acre tract being.more fully described as follows:
Commencing at the centerline intersection of existing Aquarius Street and Dasmarinas Drive, both 60 foot wide
public roadway, as shown on the plat of Padre Island- Corpus Christi Barataria Bay Unit 5, a map of which is recorded in
Volume 34, Pages 117 and 118, Map Records of Nueces County, Texas;.
Thence, North 26 °01'30" East, with the centerline of said Aquarius Street, a distance of 30.00 feet (no
monumentation found or set) for the Point of Beginning of this description;
Thence, North 63 1 58'30" West, with the westerly boundary of this tract, a distance of 40.00 feet for the northwest
corner (no monumentation found or set) of this tract;
Thence, North 26 0 01 1 30" East, with the northerly boundary of this tract, a distance of 305.50 feet for the point of
curvature of a circular curve to the right which has delta angle of 43'1 T02", a radius of 410.00 feet, a tangent length of
162.68 feet and an arc length of 309.73 feet;
Thence, with said circular curve to the right, continuing with the north boundary of this tract, an arc length of
3 09.73 feet for the point of tangency (no monumentation found or set);
Thence, North 69 °18'32" East, continuing with the north boundary of this tract, a distance of 1071.44 feet for the
point of curvature (no monumentation found or set) of a circular curve to the right which has a delta angle of 18 °31'58 ",. a
radius of 410.00 feet, a tangent length of 66.89 feet and an arc length of 132.62 feet;
Thence, with said circular curve to the right, continuing with said north boundary of this tract, an arc length of
132.62 feet for the point of tangency (no monumentation found or set).;
S:1Surveying1101121A9001FN 10112A900- AQIIARIAS- REALIGN. doc
Page 1 of
(361)854 -3101 2725 SWANTNER DR, • CORPUS CHRISTI,TEXAS 78404 FAX (361)854 -6001
www,urbaneng,com
TBPE Firm # 145 EXHIBIT A
Job No. 10112.A900
,September 14, 2011
Aquarius Street Re- aligamont
Thence, North 87 0 50'30" East, continuing with the north boundary of this tract, a distance of 152.58 feet for the
point of curvature (no monumentation found or set) of a circular curve to the left which has a delta angle of 3 1 0 51 1 03", a
radius of 1 39.50 feet, a tangent length of 39.80 feet and an we length of 77.55 feet;
Thence, with said circular curve to the right, continuing with the north boundary of this tract, an arc length of
77.55 feet for the .point of tangency (no monumentation found or set) and the point of curvature of another circular curve to
the left which has a delta angle of 85 °3751 ", a radius of 20.00 feet, a tangent length of 18.53 feet and an are length of 29.89
feet;
Thence, with said circular curve to the right, continuing with said north boundary of this tract, an arc length of
29.89 feet to the west boundary of Commodores Drive, a 120 foot wide public roadway, for the end of this curve (no
monumentation found or set), for the northeast comer of this tract and for the beginning of a circular curve to the left,
Whose radius point bears North 60 °21'23" East 506.86 feet and which, has a delta angle of 13 0 04'59 ", a radius of 506.86
feet, a tangent length of 58.12 feet and with an arc length of 115.74 feet;
Thence, with said circular curve to the left, with said west boundary of Commodores Drive, same being the east
boundary of this tract, an arc length of 115.74 feet for the end of this curve (no monurne0tation found or set), for the
southeast corner of this tract and for the beginning of a circular curve to the left whose radius point bears South 47° 1624"
West 20.00 feet and which has a delta angle of 82 °22'29 ", a radius of 20.00 feet, a tangent length of 17.50 feet and an arc
length of 28.75 feet;
Thence, with said circular curve to the left, with the south boundary of this tract, an arc length of 28.75 feet for the
point of tangency of this curve (no monurnentation found or set) and for the point of curvature of a circular curve to the
right which has a delta angle of 32 1 56'22 ", a radius of 219.50 feet, a tangent length of 64.89 feet and with an are length of
126.19 feet;
Thence, with said circular curve to the right, continuing with the south boundary of this tract, an arc length of
126. I9 feet for the point of tangency of this curve (no ntonumentation found or set);
Thence, South 87 °50'30" West, with the south boundary of this tract, a distance of 152.58 feet for the point of
curvature (no mor*umentadon found or set) of a circular curve to the left which has a delta angle of 18 °31'58' a radius of
330.00 feet, a tangent length of 53.84 feet and an arc length of 106.74 feet;
Thence, with said circular curve to the left, continuing with the south boundary of this tract, an arc length of
106.74 feet for the point of tangency of this curve (no monumentation found or set);
Thence, South 69 °18'32" West, continuing with the south boundary of this tract, a distance of 1071.44 feet for the
point of curvature (no monumentation found or set) of a circular curve to the left which has a delta angle of 43 11 1702 ", a
radius of 330.00 feet, a tangent length of 130.94 feet and an arc length of 249.30 feet;
Thence, with said circular curve to the left, continuing with the south boundary of this tract, an arc length of
249.30 feet for the point of tangency of this curve (no monumentation found or set);
Thence, South 26 °01'30" West, continuing with the south boundary of this tract, a distance of 290.50 feet for the
point of curvature of a circular curve to the left which has a delta angle of 90 1 00'00 ", a radius of 15.00 feet, a tangent
length of 15.00 feet and an arc length of 23.56 feet;
Thence, with said circular curve to the left, continuing with the south boundary of this tract, an arc length of 23.56
feet to the north boundary of said Dasmarinas Drive, for the end of this curve (no monumentation found or set) and for the
southwest corner of this tract;
SA Surveying1101121A9001FNi0t12A900- AQUARIAS- REALIGN.doc Page 2 of
Job No. 10112.A900
July 7, 2011
3.766 Acres- Aquarius Realignment
Thence, North 63 0 58'30" West, with the westerly projection of the north boundary of said Dasmarinas Drive, same
being the west boundary of this tract, a distance of 55.00 feet to the Point of Beginning,
Description prepared from previous surveys and not a current on the ground survey. No monumentation was
found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Padre Island- Corpus
Christi, Commodore's Cove Unit 2, a map of which is recorded in Volume 38, Pages 36 thm 44, Map Records of Nueces
County, Texas of Nueces County, 'texas.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original
form, surveyor assumes no responsibility for its accuracy.
URBAN ENGINEERING
Juan J. Salazar, R.P.L.S.
License No. 4909
SASurveying1101121A9001FN10 i 12A900- AQUARIAS- REALIGN,doc Page 3 of 3
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DEPARTMENT OF ENGINEERING SERVICES
Properly and band Acquisition Division
Project # and Name. Pmv&j #
RIGHT -OF -WAY EASEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
THAT I ( ) WE() (} Individually ( ) Collectively
( "GRANTOR") of , Corpus Christi, Nueces
County, Texas in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, paid by the CITY OF CORPUS CHRISTI, TEXAS ( "GRAN'T'EE")
of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401, the receipt of which is hereby
acknowledged, has granted, sold and conveyed, and does hereby grant, sell and convey to Grantee, a
Texas Home Rule municipal corporation, 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:
See the metes and bounds property description attached and
incorporated as "Exhibit A" ( "Premises ") and a map showing the
location of the RIGHT -OF -WAY EASEMENT is attached and
incorporated as "Exhibit B" ( "Premises").
Together with the free ingress, egress and regress to and for Grantee, and its franchisees, to construct,
operate, repair and maintain streets, sidewalks, curbs, gutters and appurtenances upon said Premises
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 Premises, as well as to lay, operate, inspect, replace, repair, service and maintain public utility
lines, storm sewers, and franchised utility lines in, on, over, under and along said Premises.
TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its
successors, legal representatives, franchisees and the public, for the proper use as public streets and
utility easements for so long as used for such purposes, and if the use for said easements and rights of
way is ever abandoned, then the aforesaid rights and privileges cease.
GRANTOR:
Grantor's name(s) inserted here xxxxxxxxx
EXHIBIT C
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
Notary Public in and for the State of Texas
[Seal]
2011 by
ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under
the laws of the State of Texas, on , 2011.
GRANTEE:
CITY OF CORPUS CHRISTI, TEXAS
P. O. Box 9277
City Hall, 1201 Leopard, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469 -9277
By:
Pedro Anaya, P.E., Director
Department of the Engineering Services
` THE STATE OF TEXAS §
COUNTY OF NUECES
This instrument was acknowledged before me on 2011 by
Pedro Anaya, P.E., as Director of Engineering Services of the City of Corpus Christi, Texas, a Texas
municipal corporation, on behalf of said corporation.
Notary Public in and for the State of Texas
[Seal]
APPROVED AS TO LEGAL FORM, THIS DAY OF , 2011.
FOR THE CITY ATTORNEY
L. Brian Narvaez, Assistant City Attorney
CITY LEGAL DEPARTMENT
H:IHOMIAG1NAMIGENTORWRight of Way Easement - MASTER - REV, 06-201 Ldoc
Y RBAN 'lob No. 10112.A900
September 14, 2011
ENGINEERING
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 95.00 foot wide drainage easement out of the following: Lots 8, 9, 51 and 52, Block 9, Lots 9 and
10, Block 10, Callado Drive (50 foot roadway), and Navigation Channel, Padre Island- Corpus Christi, Commodore's Cove
Unit 2, a map of which is recorded in Volume 38, Pages 36 thru 44, Map Records of Nueces County, Texas; said drainage
easement being more fully described as follows:
Commencing at the centerline intersection of existing Aquarius Street and Dasmarinas Drive, both 60 foot wide
public roadway, as shown on the plat of Padre Island- Corpus Christi Barataria Bay Unit S, a map of which is recorded in
Volume 34, Pages 117 and 118, Map Records of Nueces County, Texas;
Thence, North 63 0 5830" West, a distance of 30.00 feet to the northwest boundary of said Aquarius Street and
thence South 26 0 01 1 30" West, with said northwest boundary of Aquarius Street, distance of 16.81 feet for the south corner
(no monumentation found or set) of this easement and for the Point of Beginning of this description;
Thence, North 63 0 58'30 "West, crossing said Lots 9 and 51, Block 9, said Callado Drive and said Lot 11, Block
10, with the southwest boundary of this easement, at 395.00 feet pass the common boundary of northeast boundary of said
Lot 11 and said Navigation Channel, in all a total distance of 396.00 feet for the west corner (no monumentation found or
set) of this easement;
Thence, North 18 0 58'30" West, with the northwest boundary of this easement, a distance of 76.84 feet for the
most northerly corner (no monumentation found or set) of this easement;
Thence, North 71 °01'30" East, with the northeast boundary of this easement, a distance of 57.51 feet for the upper
east comer (no monumentation found or set) of this easement;
Thence, South 63 0 58'30" East, with the easterly boundary of this easement, at 14.68 feet pass the common
boundary of said Navigation Channel and said Lot 9, Block 10 and continuing South 63 °58'30" East, crossing said Lot 9,
Block 9, said Callado Drive and Lots 52 and 8, Block 9, in all a total distance of 409.68 feet to the aforementioned
northeast boundary of Aquarius Street for the lower east corner (no monumentation found or set) of this easement;
Thence, South 26 1 01 1 30" West, with the northeast boundary of said Aquarius Street, same being the southeast
boundary of said Lots 8 and 9, Block 9 and of this easement, a distance of 95,00 feet to the Point of Beginning and
containing 40,479.804 square feet (0.929 acres) of land.
Description prepared from previous surveys and not a current on the ground survey. No monumentation was
found or set at property corners unless otherwise noted. Bearings based on the recorded plat of Padre Island - Corpus Christi,
Commodore's Cove Unit 2, a map of which is recorded in Volume 38, Pages 36 thru 44, Map Records of Nueces County,
Texas.
Unless this fieldnotes description,
form, surveyor assumes no responsibility t
seal and signature, appears in its entirety, in its original
...............
J AN JUAN JpSE SALAZAR 4909 Salazar, P.L.S.
.j License No. 4909
SA Surveying11 0112IA9001FN10112A900- AQUARIAS- c page 1 of 1
(361)854 -3101 2725 SWANTNER DR, • CORPUS CHRISTOEXAS 78404 FAX (361)854 -6001
www,urbaneng.com
TBPE Firm # 145 EXHIBTI' D
NMFS A�
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Lot 11
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Lot 50
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Lot 10 115
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Lot 10 I Lot 9
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Lot 51 g I Lot 52
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Lot 9 1 Lot 8
NMFS
Navigation Channel
---- T ---- I ---- T - - -� - -- _ —
I I I I
I I I I
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Lot 8 I Lot 7 I Lot 0 I Lot 5 I Lot 4 I Lot 3
I I I I
I I Bloch 10 I I I
I Commodore's Covel Unit 2 I I
I Vol. 34, Pagss 35- 4 Map I
Records 6f Nusaes nty, Texas I
! I I I
CAU ADO DRIVE
Lot 53 i Lot 54 i Lot 55 f Lot 5B Lot 57
Block 9
I me dom's Co I Unit 2 I I
I Vol. Pogss Map I I
Records of Nueces County, Texas I
Lot _ L
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I Lot 7 i Lot 8 i Lot 5 Lot 4
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— , i T . FIELDNOTES for a 95.00 foot wide drainage easement
Aquarius Drive out of the following: Lots 8, 9, 51 and 52, Block 9,
Lots 9 and 10, Block 10, Callado Drive (50 foot
of Commencement roadway), and Navigation Channel, Padre Island— Corpus
Christi, Commodore's Cove Unit 2, a map of which is
recorded in Volume 38, Pages 38 thru 44, Map Records
of Nueces County, Texas
URBA�
ENGINEERING
CORPUS CHRISTI, TEXAS
EXHIBIT E'",
M 5" 0'" .r ) -IN
DATE SWT. 16, 2011
SCALE: 10=1W
JOB NO.: 10112.A9.00
SHEET: 1 OF 1
DRAWN BY: RLG