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HomeMy WebLinkAboutC2015-044 - 2/17/2015 - Approved Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN,TEXAS 78701-2483 I (512)463-8580 I WWW.TXDOT.GOV March 16, 2015 ATTN: John Maggiore City of Corpus Christi 1201 Leopard St. Corpus Christi,TX. 78401 RE: Three Multiple Use Agreement Terminations Recreation,Parking,Etc.Nueces Bay Bait Stand-US 181 - 16 November, 1977 Heliport Parking Facility-SH 9- 18 December, 1957 Public Parking Facility-SH 9- 18 December, 1957 City of Corpus Christi,Nueces County,Texas Dear John Maggiore, Enclosed are three fully executed Multiple Use Agreement (MUA) Terminations (two originals of each) for the above previously executed MUAs. The listed MUAs are now hereby considered formally and legally terminated. For the Nueces Bay Bait Stand, where fees were collected for use of the facility,those records showing the fees collected shall be maintained for (4) four calendar years from the date of its Termination. If you have any questions regarding this matter,feel free to contact David Brink at(361) 808-2498. "ono or dig Tomas Trevino, P.E. District Maintenance Engineer Texas Department of Transportation Attachments— Three Multiple Use Agreement Terminations Recreation, Parking,Etc.Nueces Bay Bait Stand-US 181 - 16 November, 1977 Heliport Parking Facility-SH 9- 18 December, 1957 Public Parking Facility-SH 9 - 18 December, 1957 2015-044 OUR GOALS ESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY 2/17/15 An Equal Opportunity Employer Res. 030418 INDEXED TXDOT Texas Department of Transportation MEMO March 5, 2015 To: Lonnie Gregorck, P.E. District Engineer of Corpus Christi From: C. Michael Lee, P.E. //rr�� Director of Maintenance Division — V Ci q 1'1'14 1 Y1 L4 Thru: Carolyn Dill, P.E. L�•�s ( . E_ ( 7 Oec . { Deputy Director of Maintenan e Division Subject: Termination of a Multiple Use Agreement City of Corpus Christi - Nueces County Heliport Parking Facility - SH 9 Attached are three fully executed termination agreements for the above noted heliport parking facility. We have made and retained a copy for scanning into EDMS. Should you have any questions, please feel free to call me or Daviette Gilbert at 512.416-3185. Attachments Cc: Tomas Trevino, P.E. Corpus Christi District Maintenance Engineer Corpus Christi MAR 0 9 2015 District OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer U: Kuth brown `5U3JECT: Terminate Two Multiple Use Agreements Heliport Parking Facility and Public Parking Facility DATE: January 17, 2015 > Please process theselfwo7Termination of the Multiple Use Agreements". Future Agenda Item January 27, 2015 Action Agenda Item February 10, 2015 Resolution authorizing the City Manager or designee to execute two agreements to terminate two previously executed Multiple Use Agreements between the State of Texas and the City of Corpus Christi for the Heliport Parking Facility and the Public Parking Facility located on State Highway 9/BS 44-D. (Legistar No. 14-001444) \T� �'hankyou, Velma Pena,Contracts and Funds Administrator City of Corpus Christi - Dept. of Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3553 Office (361) 826-3501 Fax velmap@cctexas.com HeAt y-}-- Pay (L-1 00 Routing Slip RI to \I C' CitV d to t)� t l )� Date Sent Date Returned 1 Operating Department 2 Janet Kellogg Legal Department 3 Budget 4 Jerry J. Shoemaker, P.E. 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N-11_,' ,�� ; ; .. . ` r k NOT TO SCALE ti"x;'1,1' f .`��'; HELIPORT PARKING FACILITY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS AND PUBLIC PARKING FACILITY DEPARMENT OF CAPITAL PROGRAMS 1."--.414 PAGE 1 OF 1 .... ' Resolution authorizing the City Manager or designee to execute two agreements to terminate two previously executed Multiple Use Agreements between the State of Texas and the City of Corpus Christi for the Heliport Parking Facility and the Public Parking Facility located on State Highway 9/BS 44-D. WHEREAS, the Texas Department of Transportation (TxDOT), during its annual inspection of Multiple Use Agreements (MUAs), ascertained that State Highway (SH) 9/BS 44-D has been turned over to the City of Corpus Christi and is no longer in State right of way(ROW); WHEREAS,TxDOT has provided a quitclaim deed executed on July 24, 1996 stating that the portion of ROW in question has been turned over to the City of Corpus Christi; WHEREAS, there are two MUM for SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility; WHEREAS, the Corpus Christi District of TxDOT therefore requests that the City initiate termination procedures to terminate these MUAs, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The City Manager, or designee, is authorized to execute two Termination of the Multiple Use Agreements(MUM)between the State of Texas and the City of Corpus Christi for use of property located on State Highway 9/BS 44-D, one to terminate the MUA for the Heliport Parking Facility and one to terminate the MUA for the Public Parking Facility. ATTEST TH C OF CORPUS CHRISTI 141---0-41+4 Rebecca Huerta Nelda Martinez City Secretary Mayor KIENGINEERING DATAEXCHANGEIVELMAPITXDOT\TERMINATION MULT USE AGREEMENTS\HELIPORT PUBLIC PARKING FACILITYIRESOLUTION HELIPORT PUBLIC PARKING FACILITY DOCK 030418 INDEXED Corpus Christi, Texas 111/"Of t401(vA , 7-OI5 The above resolution was passed`tSy the following vote: Nelda Martinez (LL Rudy Garza Chad Magill _OIL_ Colleen McIntyre _4_ Lillian Riojas ffilleilkk Brian Rosas ___14__ Lucy Rubio Mark Scott ___4_____ Carolyn Vaughn K:\ENGINEERING DATAEXCHANGE\VELMAP1TXDOT\TERMINATION MULT USE AGREEMENTS\HELIPORT PUBLIC PARKING FACILITY\RESOLUTION HELIPORT PUBLIC PARKING FACILITY.DOCX 030418 • MUA Termination Page 1 of 2 TERMINATION OF THE MULTIPLE USE AGREEMENT BETWEEN THE STATE AND THE City of Corpus Christi FOR THE Heliport Parking Facility. STATE OF TEXAS § COUNTY OF TRAVIS § This Agreement terminates the previously executed Multiple Use Agreement for construction, maintenance, and operation of Heliport Parking Facility on the Texas Department of Transportation right-of-way, in Nueces County, originally dated the 18th day of December , 1957 , by and between the Texas Department of Transportation, hereinafter referred to as"State" and the City of Corpus Christi , hereinafter referred to as City . WITNESSEETH WHEREAS, City has requested the State to discontinue their responsibilities for the continued maintenance and operation, of Heliport Parking Facility , located within State right-of-way on SH 9/ BS 44-D , Control 0074 Section 06 in City of Corpus Christi and being more particularly described in the exhibits attached hereto and made a part hereof; and WHEREAS, the governing body of the City has indicated by Resolution/Ordinance No. 010414 , on the a day of Fe b 01-4 r`( , 20 t 5 to dissolve their partnership with the State evidenced by the execution of the this Agreement with the State; and WHEREAS, the City will undertake to restore the area to a condition acceptable to the State prior to the execution of this agreement. • MUA Termination Page 2 of 2 A. Exhibit A—Quitclaim; B. Copy of Original Multiple Use Agreement C. Copy of Resolution/Ordinance IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the 1 l`) day of ) i'0 rL, , 20 15 , and the State on the_ 5- day of 1c! (c h , 20 (57 STATE OF TEXAS Certified as being executed for the purpose of activating and/or carrying out the orders, established policies, or work programs heretofore approved by the Texas All Transportation Commission. By: Signat - By: Director of Maintenance Division Printed Name C. Michael Lee, P.E. �rr,¢�o �o�I22�e i Title APPROVAL RECOMMENDED: G)-h( VVl71/11, Contact Name /By: ,./ 11. <o✓District Engineer CA,-./A At• n Cel Contact Telephone Number Printed Name Z/Z 7(,- i/� Date Approved as to form: ps . ts01.1-11?' ..4i4i Assistant City AttorneySY COUsCIL c For City Attor • ATTEST: r . ........ .411,1 -EBECCA HUERTA CITY SECRETARY Exhibit A I Memorandum Texas Department of Transportation To: Right of Way Section Date: July 30, 1996 Corpus Christi District From: Legal Section ' Right of Way Division Originating Subject: Transmittal of State's Deed Office: PH/ROW Nueces County CSJ 0074-06-027 Tract 1 Business State Highway 44-D: Between Mesquite Street and Shoreline Boulevard Attached is a deed executed by the Governor on July 24, 1996 quitclaiming the State's interest in certain land described therein to the City of Corpus Christi,Texas. Please deliver the State's deed to the indicated grantee. In accordance with Section 421.09 of the Right of Way Manual,the deed should be delivered to the grantee by certified mail or by other means with a receipt for delivery signed by the grantee. When the deed has been recorded,please furnish us the recording data of the quitclaim so that we may complete our file. Please note that our quitclaim deeds will no longer contain a notary acknowledgment. We have attached a copy of V.T.C.A., Texas Property Code, Section 12.006, should the grantee have any problem with recordation of the instrument due to the omission of the acknowledgment. If we may be of any further assistance,please let us know. JJH:cj Attachment ;�+"A _ fOW i r h;R 07306 uNJ\mm [ o'nueces.wpd i PDM t WRE ' , ti L i/DS ?-- figs / JWS -j -oRpJS GT�� '`� Imo _..' ntiSTRiC • `• DOC# ± 196030348 QUITCLAIM STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, in the City of Corpus Christi, NUECES COUNTY, Texas, on BUSINESS STATE HIGHWAY 44-D, the City and County acquired in the name of the State of Texas certain land for highway purposes, said land being conveyed to the State by instruments recorded in Volume 730, Pages 158 and 260; Volume 731, Page 310; Volume 734, Pages 169, 177, 179, 211, 217 and 219; Volume 35, Pages 451 and 453; Volume 740, Page 582; Volume 747, Page 334; Volume 759,Page 342; Volume 761, Page 435; Volume 768, Pages 310 and 312; Volume 769, Pages 570 and 573; and Volume 793,Page 517,of the Deed Records of Nueces County,Texas,and certain other land was claimed and used by the State, there being no record of title thereto in the name of the State; and WHEREAS, said land is no longer needed by the Texas Department of Transportation as a part of the system. said surplus land being more particularly described in Exhibit A. attached hereto and made a part hereof; and WHEREAS, the City of Corpus Christi, Texas, has, by resolution, and Nueces County, Texas, has, by order, requested that the State quitclaim said surplus land to the City of Corpus Christi, Texas; and WHEREAS, V.T.C.A.,Transportation Code, Chapter 202, Subchapter B, authorizes the State's quitclaim to the City of the State's rights, title and interest in the surplus land; and WHEREAS, it is the opinion of the Texas Transportation Commission that it is proper and correct that the State quitclaim its rights,title and interest in said surplus land to the City of Corpus Christi,Texas in consideration of relieving the State of the responsibility and cost of maintenance of the surplus land and in consideration of the land being originally acquired in the State's name at no cost to the State; and WHEREAS, the Texas Transportation Commission at its meeting on June 18, 1996, as shown by the official minutes of the Texas Transportation Commission, passed Minute No. 106880 recommending, subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument conveying to CITY OF CORPUS CHRISTI, TEXAS all of the State's rights, title and interest in the aforementioned surplus land in consideration of the foregoing premises as authorized by V.T.C.A., Transportation Code, Chapter 202, Subchapter B; NOW,THEREFORE, I, GEORGE W. BUSH,GOVERNOR OF THE STATE OF TEXAS,by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the foregoing premises, and other good and valuable consideration,the receipt of which y61g9101112��, At GRANTEE: City of Corpus Christi ,Y s 1201 leopard Street i J Corpus Christi,Texas 78469-9277 J • is hereby acknowledged, have RELEASED. REMISED and QUITCLAIMED and do by these presents RELEASE, REMISE and QUITCLAIM unto CITY OF CORPUS CHRISTI, TEXAS all of the State's rights, title and interest in and to those certain tracts or parcels of land situated in Nueces County,Texas,which is more particularly described in Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said City of Corpus Christi, Texas, its successors and assigns forever. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the )'-1 ' day of 9u-P 996. A -2,,, G ORGE W. BUSH 0 ERNOR OF TEXAS Attest: 0'T '' • Antonio O. Garza, Jr. Secy of State difRecommended f• A.• • • • r ." 1Wegie ,a • ;f'` : .11.;`.... ' .�ti' / "m. G. Burnett, P.E. ,ri',1 #. j ..-.,' '',1:' b.�!t1 Executive Director ..Cfo (�n r , --� `s. s.�y � ,. , • Approved: v j`...:' . Dan Morales Attorney General /41 • By: istant 4tomey General 2 • EXHIBIT A BEING A PORTION OF THAT LAND SITUATED AND LYING IN CITY STREET RIGHT- OF-WAY WHICH WAS INCORPORATED INTO THE STATE OF TEXAS HIGHWAY SYSTEM, SAID CITY STREET RIGHT-OF-WAYS CONSISTING OF ALL THOSE PORTIONS OF, AUBREY STREET, WATER STREET AND CHAPARRAL STREET, SITUATED AND LYING WITHIN AN AREA BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF BELDEN STREET,ON THE EAST BY THE WEST RIGHT-OF- WAY LINE OF SHORELINE BOULEVARD,ON THE SOUTH BY THE CURRENT SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.37(AUBREY STREET)AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF MESQUITE STREET AS SHOWN ON MAP OF BEACH PORTION,OF THE CITY OF CORPUS CHRISTI,'WHICH IS RECORDED IN VOLUME A,PAGES 2&3,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS AND ON MAP OF WATER BEACH ADDITION,WHICH IS RECORDED IN VOLUME 9, PAGES 38 THRU 40,OF THE MAP RECORDS OF NUECES COUNTY,TEXAS,AND BEING ALL OF THOSE CERTAIN TRACTS OF LAND,OUT OF SAID BEACH PORTION AND WATER BEACH ADDITION, ACQUIRED BY THE STATE OF TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF INTERSTATE HIGHWAY NO.37,SITUATED AND LYING BETWEEN SAID MESQUITE STREET AND SHORELINE DRIVE, SAID TRACTS OF LAND BEING MORE PARTICULARLY DESCRIBED IN INSTRUMENTS RECORDED IN THE DEED RECORDS OF NUECES COUNTY, TEXAS AT THE FOLLOWING VOLUMES AND PAGES: DESCRIPTION VOL PAGE WATER BEACH ADDITION,BLOCK 11 ALL OF LOTS I THRU 12 793 517 BEACH PORTION,BLOCK 27 1/2 OF LOT 5 730 260 ALL OF LOT 6 759 342 WEST 1/2 OF LOT 7 768 310 EAST 1/2 OF LOT 7&ALL OF LOT 8 768 312 1/2 OF LOT 9 731 310 BEACH PORTION,BLOCK 31 ALL OF LOT I&SOUTH 1/3 OF LOT 2 740 582 NORTH 2/3 OF LOT 2 734 177 ALL OF LOTS 3,4,9& 10 734 179 ALL OF LOTS 5&8 730 158 ALL OF LOT 6 734 211 ALL OF LOT 7 735 451 ALL OF LOTS 11 & 12 747 334 BEACH PORTION,BLOCK 32 ALL OF LOTS I&2 735 453 ALL OF LOT 3 769 573 ALL OF LOT 4 769 570 ALL OF LOTS 5,6,7&8 734 217 ALL OF LOTS 9& 10 734 219 ALL OF LOT 11 734 169 ALL OF LOT 12 761 435 • • ` I aa Ss* OA ditto. ks t1Kd wrsom h fEDERAE►i' l •Z18L�� "aMf�aaa ► ° si. 3151%000 touti . aoste 'a�t,+eo�p ece l Otte t °54. tt+e owv— Se4tEto� vas WuOCoW'�1e0 .a • ) fi aou "loixEs .10/5 Doc# 1996030348 # Pages: 4 Date : 08-06-1996 Time : 03:35:56 P.M. Filed & Recorded in Official Records of NUECES County, TX. ERNEST M. BRIONES COUNTY CLERK Rec. $ 15.00 9/6 City of Corpus Christi 1201 Leopard Street P. O. Box 9277 Department of Engineering Services PROPERTY& LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 p . - LEGEND: 1fD' Z r ' PROPERTY TO GSA TXDOT PROPERTY TO BE US 1S1 QUITCLAIMED TO CITY TXDOT EASEMENT TO BE IOW • RELEASED TO CITY � — PROPOSED SITE FOR I_ — I NEW FED. COURTHOUSE OLD � /ST. OLD BR44 WEST BD. LN. NUECES COUNTY ® PROPOSED WEST BD. LN. COURTHOUSE MES �$.'��:: EXIST. BR44 EAST BD. LN. (TO REMAIN) )) GIU TE I PROPOSED . ` 14 ;, to LANDSCAPED \‘ P‘. ' \°I,'\\\, PARK AREA �,,, � ,' \b - t �fl, .D � O le ST• \ j % k \' N CHAPARRp,L T\ ,V ;x‘, 1 It In 13 WATER ST. 73 2. ST. (BR441 -1 WATER N I Y 1 I ' (14 •fir. VA N .. • QB1- O.NE SHORELCHRISTI CORPUS gpY CITY OF CORPUS CHRISTI GATEWAY PROJECT copyright 1994-1996 Ctty of Corpus Christi Rev 5/9/96 SCALE: 1"=200' Exhibit B This Multiple Use Agreement is not able to be located. Exhibit C Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN,TEXAS 78701-2483 I (512)463-8588 I WWW.TXDOT.GOV September 25, 2014 John N. Maggiore Capital Programs - Project Manager City of Corpus Christi 1201 Leopard St. Corpus Christi, TX. 78401 RE: Multiple Use Agreement Termination Request SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility City of Corpus Christi, Texas Dear Mr. Maggiore, During our annual inspection of the Multiple Use Agreements (MUAs), it was ascertained that SH 9/BS 44-D has been turned over to the City of Corpus Christi and is no longer State ROW. There are two MUAs for SH 9/BS 44-D Heliport Parking Facility and Public Parking Facility. These agreements were executed in 1957 and 1958, respectively. The Corpus Christi District of TxDOT, therefore, respectfully request that termination procedures be initiated in order to terminate these two MUAs. Copies of these MUAs can be made available if required for termination procedures. Included with this request letter is the quitclaim executed on 24 July, 1996 stating the portion of ROW in question has been turned over to the City of Corpus Christi. If you have any questions regarding this matter, feel free to contact me at (361) 808-2384 or at the following address: Texas Department of Transportation Corpus Christi Area Office 1701 S. Padre Island Drive, Bldg. 3 Corpus Christi, TX 78416 Sincerely, ittititt--64, Pyr /Janan Sahtout Lee, P.E. Assistant Area Engineer Corpus Christi Attachment - Quitclaim executed 24 July, 1996 OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer