HomeMy WebLinkAboutC2018-297 - 5/15/2018 - Approved a
AGREEMENT
This is an agreement by and between NUSS FAMILY PARTNERSHIP, LTD., GSC
HOLDINGS, LTD. and WAYNE LUNDQUIST, JR. ("Owners") and THE CITY OF CORPUS
CHRISTI, TEXAS ("City").
RECITALS
The Owners, in undivided interests, are the owners of that 9.8005-acre tract of land
described on Exhibit A (the "Property").
The City maintains two roadway easements in that 1.939-acre portion of the Property
described on Exhibit B (the"Airline Extension").
The City is constructing a new intersection for Rodd Field Road and Yorktown Boulevard
(the 'Intersection Project"). Construction of the Intersection Project will require the City to
acquire that 1.2969-acre portion of the Property described on Exhibit C(the"Acquisition Tract").
The public will no longer use,and the City will no longer have any use for, the Airline Extension
area after completion of the Intersection Project.
AGREEMENT
In consideration of the mutual representations, covenant and agreements set forth herein,
the Owners and the City do hereby agree as follows:
L The Owners agree that they will convey the surface interest in and to the
Acquisition Tract to the City, subject to all restrictions and easements of record, AS-IS, in its
present condition, by Special Warranty Gift Deed. The Owners agree to purchase (from a Title
Company of the City's selection)an owner's policy of title insurance in a nominal amount, insuring
that good title to the Acquisition Tract is being conveyed to the City. Taxes will be prorated as of
the effective date of this Agreement, with any rollback taxes to be paid by the City. One-half of
any closing costs (escrow fee, tax certificates, recording fees, etc.) shall be paid by each party.
2. The City agrees that it will convey all of its right, title and interest in and to the
Airline Extension to the Owners by Quitclaim Deed warranting only that it maintains the easement
on the public's behalf that is being conveyed. The City further warrants that it will abandon its
right to use the Airline Extension in accordance with Section 49-12 of the City Code of Ordinances
upon completion of the Intersection Project. The City may continue to use the Airline Extension
until completion of the Intersection Project.
3. The City agrees to complete the construction of the Intersection Project with due
diligence, including the installation of three driveways and deceleration lanes providing ingress
and egress to the remainder of the Owners' Property as shown on the plans which are attached as
Exhibit D. The City agrees to place all excess clean dirt excavated from the Intersection Project
on the remainder of the Owners' Property, leveled but not compacted.
2018-297
5/15/18
Ord.031430 l
Nuss Family Partnership Ltd
INDEXED
4. Upon completion of the Intersection Project, the City will remove and dispose of
all asphalt from the Airline Extension.
This Agreement shall not be binding, nor shall it be effective, until it is authorized by the
City Council and signed by the City Manager as evidence of such approval.
Executed in triplicate, any of which constitutes an original.
Agreed to this day of ,2018
OWNERS
NUSS FAMILY PARTNERSHIP, LTD.
By its General Partner
g4,1,14.7 //c.c.s,
By: Ic4eY\rr N vss
Title: le ne rat toirher
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledgedk'/ before me on /9?A-2 i�,Q 7, , 2018 by
/�4, _ /U LS.S , as _. ( 4 /rel, ,4,47" of
nh,5-, ?►/'Ai 1� v hP✓r , General Partner on behalf of Nuss Family
Partnership, Ltd.
,t4,„)
JUANA JEAN BARTON I otary Public i and for the State of Texas
Notary ID#10868260
v74117; 11My Commission Expires
June 3,2021
2
GSC HOLDINGS, LTD.
By its General Partner
LA___c___
By: 716.
Title: li `
�� a NA TO
/'' JUANotarlDJEANk10868260BARN
THE STATE OF TEXAS § '7
My Commission Expires
*'� June 3,2021
COUNTY OF NUECES §
This instrument was acknowledged before me on 3/0, , 2018 by
4 t_\.,..13 2-- ,,,ity...,.. , as ( L-M .-z-3?-, of
` _ L'C--- , General Partner on behalf of GSC Holdings,
Ltd.
cr 4�ru� �-Y a.,...; ✓vt.
Ir dry Public i nd for the State of Texas
[Seal]
z(WAYNE . LUNDQUIi', JR.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 44t� 1i%1 /4 , 2018 by
Wayne A. Lundquist, Jr.
ICA4/./-1 (1612A1
Notary Public in and for the State of Texas
0.`t.P..... RITA S BOTELLO
Zel. '� glary Public,State of Texas
=". rP�dmm.Expires 01-O8-2022
'//„„„0.�` Notary ID 609616-2
3
CITY
CITY I ' CORPU'. C RISTI. TEXAS
1 Litti
Valerie . Gr.y, P.E.
Ex-• tive Direc er o Public orks
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on (? 3 , 2018 by
Valerie H. Gray, P.E. as Executive Director of Public Works o e City of Corpus Christi, a
Texas municipal corporation, on behalf of said corporation.
/
jli avco/vc 0 e d_e,i,,,,_,
Notary Ptli lic in and for the S, - of Texas
,..';"P� eINIQUE TAMEZ LERMA�:moo': ID# 1146231-1 . U IHU ILG(�� 1'•= NotaryPublic -53 .
=:,.��,tSTATE OFTS !ILLY COUNCIL
'-.„7toR ' My Comm. Exp. 01-23-2021
ATTEST: -' SECRETARY
REBECCA HUERTA, CITY SECRETARY
e- / WA4,l
APPROVED AS TO LEGAL FORM THISZ.5 DAY OF alaidik , 2018.
FOR THE CITY ATTORNEY
Jan Whitehead, Assistant City Attorney
City Legal Department
4
A 9.8005-acre tract of land, more or less, being a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal
Farm and Garden Tracts,as recorded in Volume A, Pages 41 through 43 of the Map Records,Nueccs County,Texas
and being a portion of that land deeded to Karen Ann Smith et al, described as Exhibit "B" in Document
41999015842, Official Public Records, Nueces County, Texas, said 9.8005-acre tract, more or less, being more
particularly described by metes and bounds as follows:
BEGINNING at a PK nail set in the centerline intersection of Yorktown Road(80' ROW)and the platted extension
of Rodd Field Road (40' ROW) for the original southwest corner of said Lot 16 and the southwest corner of this
tract;
THENCE, N-29°00'00"-E, along the centerline of said Rodd Field Road extension, a distance of 344.34' to a 5/8"
steel rod set in the east right-of-way of the existing Rodd Field Road (120' ROW) for an exterior corner in the west
line of this tract and the point of curvature for a curve to the left from which the radius bears N-35°51'04"-W,
632.96',said curve having a central angle of 25°08'56"and a tangent of 141,19';
THENCE, along said curve and right-of-way, at 51.60' pass a 5/8" steel rod set for the east right-of-way of said
Rodd Field Road extension, in all an arc length of 277.82'to a 5/8"steel rod set for the point of tangency,
l'HENCE, N-29°00'00"-E, continuing along the east right-of-way of said Rodd Field Road, in all a distance of
653.75' to a 5/8"steel rod for the north corner of this tract;
THENCE, S-02°26'06"-W, a distance of 1371.92' to a 5/8" steel rod found in the north right-of-way of Yorktown
Boulevard for the upper southeast corner of this tract;
THENCE, S-29°00'00"-W, a distance of 40.00' to a 60d nail found in the centerline of Yorktown Boulevard for the
lower southeast corner of this tract;
THENCE, N-61°00'00"-W, along the centerline of Yorktown Boulevard, a distance of 673.54' to the PONT OF
BEGINNING and containing 9.8005 acres of land,more or less.
EXHIBIT A
City Project 6465 City of Corpus Christi
Consultant Project No.110446 Airline Road R.O.W.out of -
9.8005Acre Tract Out of
L-15,16,Sec 25 FB&EF>
IXHIBfF'
METES AND BOUNDS DESCRIPTION
FOR A
RELEASE OF RIGHT OF WAY
FROM A 9.8005 ACRE TRACT
OUT OF LOTS 15 AND 16 SECTION 25
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
PARCEL A—UNRECORDED RIGHT OF WAY OF AIRISNE ROAD
Being 1.601 acres of land,more or less out of a 9.80005 acre tract out of Lots 15 and 16,Section 25,
Flour Bluff and Encinal Farm and Garden Tracts,recorded in Document 2010003983,Official Public
Records,Nueces County,Twos and this 1.601 acre tract being more fully described by metes and
bounds as follows:
Beginning at a point on the easterly line of said 98005 acre tract.N2-26-06E 27.95 feet from the
southeast comer of said 9.8005 acre tract;
Thence N61.0000W 67.08 feet;
Thence NO2-26-060E 101141 feet;
Thence 587-33-5430.00 feet;
Thence NO2-2606E 242.56feet to a point on the westerly line of said 9.8005 acre tract;
Thence N29-00-00W 67.08 feet to the north corner of said 9.8005 acre tract;
Thence 502-26-06W 1343.97 feet along the easterly line of said 9.8005 acre tract to the paint of
beginning
And containing 69,760 square feet or 1.601 acres of land more or less.
PARCEL B—RECORDED RIGHT OF WAY OF AIRLINE ROAD
Being 0338 ants of land,more or less out of a 9.80005 acre tract out of Lots 15 and 16,Section 25,
Hour Bluff and Entine!Farm and Garden Taco,recorded in Document 2010003983,Official Public
Records,Nueces County,Tens and as recorded in Volume 245,Page 272,Deed Records,Nueces County
Texas,and this 0.338 acre tract being-more fully described by metes and bounds as follows:
Beginning at a point on the westerly line of said 9.8005 acre tract,529-00-00W 67.O8feet from the
northerly corner of said 9.8005 acre tract;
Thence 52-26-06W 242.56 feet along the described centerline of Aldine Road;
Thence N87-33-54W 12128 feet to a point on the westerly line of said 9.8005 acre tract;
Thence N29-00-00E 271.2 feet along the westerly tine of said 9.8005 acre tact to the point of beginning;
And containing 14,708 square feet or 0.338 acres more or less.
OT__.GHr OF -TB I G 'a_ • O—: . • - FEET OR —9ACREGM!,'.- z
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-- EXHIBIT B
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Woyre 289V'Atr irve:ee
38.283 Acre -frac: •
ricer Buff & Encino! de
& Gcreen, Sect:on 1T'oct /
VOL 1966. ?GS 952-9]C
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8'.f!of&Lots 'SR&e16.kSe^xt.'Een 4
\ / av 002•920'0003983
Donscl Development. LLC
28.9767 Acre Trott
\ ,\ _ out of Lots 15 F 16. Section 25
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CON,SLU S1 0446 Milan
RELEASE OF RO.W.
9., 1.9.38. s EXHIBIT
CITY of CORPUS CHRIST: ` "A � �£ 6465 t
^ ^ Noy imy Rimer* B
TEXAS g. AMES
°^•rr of w*.-:F e<,.m ;=MC :Are 12-06-12 Doc t mavraw
EXHIBIT B
J�
820 Buffalo sneer t 361 83788S1
Corpus Christ. 1
Texas]8401 f361 Be,8855
Weccm TBCE F-1336
LJA ENGINEERING TBFL31001661r)
March 28, 2017
LJA Project No. C007-15025.402
EXHIBIT'A'
FIELD NOTES DESCRIPTION
THE STATE OF TEXAS §
COUNTY OF NUECES §
Field notes of a 1.2969-acre tract for a right-of-way acquisition out of a 9.8005-acre tract of land,
being a portion of Lot 16, Section 25, Flour Bluff& Encinal Farm & Garden Tracts("F.B. & E.F.
& G.T."), as recorded in Document Number 2010003983 of the Official Records of Nueces
County, Texas; and described by metes and bounds as follows:
COMMENCING at a 60d nail found in the centerline of Yorktown Boulevard and the common
corner of Lots 15, 16, 17, and 18, Section 25, F.B. & E.F. & G.T., as recorded in Volume A,
Page 41-43, Map Records of Nueces County, Texas;
THENCE N 28°40'00" E, a distance of 40.00 feet to a 5/8" iron rod with cap found on the north
right-of-way of Yorktown Boulevard for the POINT OF BEGINNING and the southeast corner of
this 1.2969-acre tract;
THENCE N 61°20'00"W along the existing north right-of-way of Yorktown Boulevard, a distance
of 653.69 feet to a 5/8" iron rod with cap set at the intersection of the north right-of-way of
Yorktown Boulevard and the east right-of way of Rodd Field Road for the southwest corner of
this tract;
THENCE N 28°40'00" E along the existing east right-of-way of Rodd Field Road, a distance of
352.19 feet to a 5/8" iron rod with cap found at the point-of-curvature of a curve to the left, with a
radius bearing of N 40051'16" W, a radius of 632.96 feet, and a central angle of 20°28'42", for
an angle corner of this tract;
THENCE along the existing east right-of-way of Rodd Field Road and along said curve to the
left, a distance of 226.23 feet to a 5/8" iron rod with cap set at the point-of-tangency of the curve
for an angle corner of this tract;
THENCE N 28°40'00" E along the existing east right-of-way of Rodd Field Road, a distance of
653.74 feet to a 5/8" iron rod with cap set for the northwest corner of this tract, whence a PK nail
found at the common corner of Lots 8 and 9, Section 21, & Lots 1 and 16, Section 25, F.B. &
E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas,
bears N 28°40'00"E, a distance of 58.68 feet, thence N 61°20'00"W, a distance of 60.00 feet;
THENCE S 02°06'06"W, a distance of 11.18 feet to a 5/8" iron rod with cap set to the proposed
east right-of-way of Rodd Field Road for an angle corner of this tract;
EXHIBIT C
Exhibit'A'-1.2969-Acre Tract
March 28, 2017
Page 2 of 2
THENCE S 28°40'00"W along the proposed east right-of-way of Rodd Field Road, a distance of
707.37 feet to a 5/8" iron rod with cap set at the point-of-curvature of a curve to the left with a
radius of 761.00 feet and a central angle of 10°33'29", for an angle corner of this tract;
THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the
left, a distance of 140.23 feet to a 5/8" iron rod with cap set at the point-of-tangency of the curve
for an angle corner of this tract;
THENCE S 18°06'31" W along the proposed east right-of-way of Rodd Field Road, distance of
108.67 to a 5/8" iron rod with cap set at the point-of-curvature of a curve to the right with a
radius of 839.00 feet and a central angle of 10°33'29", for an angle corner of this tract;
THENCE along the proposed east right-of-way of Rodd Field Road and along said curve to the
right, a distance of 154.60 feet to a 5/8" iron rod with cap set at the point-of-tangency of the
curve for an angle corner of this tract;
THENCE S 28°40'00"W along the proposed east right-of-way of Rodd Field Road, a distance of
51.50 feet to a 5/8" iron rod with cap set at the point-of-curvature of a curve to the left with a
radius of 25.00 feet and a central angle of 90°00'00", for an angle corner of this tract;
THENCE along said curve to the left, a distance of 39.27 feet to a 5/8" iron rod with cap set at
the point-of-tangency of the curve on the proposed north right-of-way of Yorktown Boulevard for
an angle corner of this tract;
THENCE S 61°20'00" E along the proposed right-of-way of Yorktown Boulevard, a distance of
519.93 feet to a 5/8"iron rod with cap set for an angle corner of this tract;
THENCE S 02°0606" W, a distance of 37.46 feet to the POINT OF BEGINNING, containing
1.2969 acres, more or less.
Bearings refer to grid north, Texas State Plane Coordinate System, South Zone, NAD83, US
Survey Feet, as observed by GPS.
This field notes description is accompanied by a survey map titled Exhibit 'B', dated March 28,
2017.
I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that
this description is based on an actual survey made on the ground, under my supervision, this
the 28th day of March, 2017.
•
asp./
Registered Professional Lan urveyor
Texas Registration No. 447
EXHIBIT C
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