HomeMy WebLinkAbout04008 ORD - 12/22/1954AC -1 2/54
a..a ...w•�•...,n>r .. �. r. ..w,.l -n., AN ORDINANCE ,. ,s ..v_....r.
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE
BY WARRANTY DEED FROM H. D. COUNTISS, FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI, A TRACT OF LAND IN NUECES
COUNTY, TEXAS, BEING 37.506 ACRES OUT OF THE GREGORIA
FARIAS GRANT, TO BE USED FOR DISPOSAL AREA FOR THE 0. N.
STEVENS 1•IATER FILTRATION PLANT A COPY OF WHICH DEED IS
ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH INSTRUMENTS AS MAY BE NECESSARY
IN CONNECTION THEREWITH; APPROPRIAT IN THE SUM OF ^10,)41.00
FROM NO. 202 CITY OF CORPUS LHR 1511 IJATERdORKS SYSTEM COIN -
STRUCTION FUND TO COVER THE PURCHASE OF SAID TRACT OF
LAND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE BY
WARRANTY DEED FROM H. D. COUNTISS A TRACT OF LAND IN NUECES COUNTY, TEXAS,
OEPIG 37.506 ACRES OUT OF THE GREGORIA FARIAS GRANT, TO BE USED FOR DISPOSAL
AREA FOR THE 0. N. STEVENS WATER FILTRATION PLANT, A COPY OF WHICH DEED IS
ATTACHED HERETO A140 MADE A PART HEREOF.
SECTION-2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE SUCH INSTRUMENTS AS MAY BE NECESSARY IN CONNECTION WITH THE
ACQUSITION OF SAID TRACT OF LAND.
SECTION 3. THAT THERE IS HEREBY APPROPRIATED FROM N0. 202 CITY
OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND THE SUM OF $10,941.00
TO COVER THE PURCHASE PRICE OF SAID TRACT OF LAND.
SECTION 4. THE NECESSITY FOR ACQUIRING THE TRACT OF LAND DESCRIBCD
IN SECTION 1 HEREOF IN CONNECTION WITH THE 0. N. STEVENS MATER FILTRATION
PLANT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING
THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT 110 ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED
THE SUSPENDION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY
014 THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AID EFFECT
1
` � tip „• ti ., ,., .s �� �, - .. -3+s�
F R014 AI40 AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS
THE �AY OF DECEMBER, 1954.
MAYOR”
THE CITY OF CORPUS CHRIST l TEXAS
ATTEST•
f
CITY SECRETARY
APPROVED AS TO L(EGALAL� —FORM:
CITY ATTOkAEY G
THE STATE OF TEXAS
KNOW ALL I4EN BY THESE PRESENTS:
COUNTY OF NUECES I
THAT 1, H. 0. COUNTISS, of THE COUNTY OF NUEtEB, STATE OF
TEXAS, FOR AND IN CON31DERATION OF THE SUM OF TEN THOUSAND NINE
HUNDRED FORTY ONE AND 110/100 (*10,911.00) DOLLARS, PAYABLE IH CASH,
THE RECEIPT OF WHICH 15 HEREBY ACKNOWLEDGED AND CONFESSED, HAVE
GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS no GRANT, SELL AND
CONVEY UNTO THE SAID CITY OF CORPUS CHRISTI, TEXAS ALL THAT CERTAIN
PIECE, PARCEL OR TRACT OF LAND SITUATED IN MUECE3 COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WITS
A TRACT OF 37.606 ACRES OF LARD, DESCRIBED AS BEINO
ALL OF THAT CERTAIN 53.722 ACRE TRACT OF LAND, SAVE
AND EXCEPT FOR THOSE AREAS NOW LOCATED IN THE PUBLIC
ROAD RIGHT OF WAY, AND SAVE AM EXCEPT FOR TWO TRACTS
HEREINAFTER REFERRED TO, ONE TRACT BEING IN THE
AMOUNT OF 8.88 ACRES AND THE OTHER 13C INS IN THE AMOUNT
OF 6.776 ACRES, HEREINAFTER DESCRIBED, SAID 53.722 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWBI
ALL OF THAT 53.72E ACRE TRACT OF LAND OUT OF 7NE
GREGORIO FARIAS GRANT, ABSTRACT NO. 592 OF NUECE3
COUNTY, TEXAS, AND BEING DESCRIBED AS THE SECOUP
TRACT IN A OECD FROM R. E. FALLIN TO H. D. COUNTISS
DATED AUGUST 6, 1929 AND RECORDED IN VOLUME 189, PAGE
136 OF THE NUECE3 COUNTY Dew RECORDS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND SOUNDS AS FOLLOWSS
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
UP R /YER ROAD SHELL ROAD, AND SHARPSBURG ROAD FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 2I' . 08' W. ALONG AND WITH THE CENTERLINE OF
SHARP3SUROH ROAD A DISTANCE OF 1509.18 FEET TO A POINT,
A 5/8° ROD BURT ED 12 BELOW THE SURFACE, FOR THE NORTHWEST
CORNER OF THIS TRACT; '
THENCE N. 76• - 37' • 11" E. A DISTANCE OF 1189.70 FEET
TO A FENCE CORNER POST FOR A CORIIER OF THIS TRACT)
THENCE g. 55' - 531 - 55" E. ALONG AND WITH THE COMMON
BOUNDARY LINE OF THIS TRACT AND THE A. S. AULT 30.02 ACRE
TRACT A DISTANCE OF 1073.12 FEET TO A FENCE CORNER POST FOR
THE EAST CORNER OF THIS TRACT;
THENCE S. 21' - 141' S 10" W. A DISTANCE OF 1011.02 FEET To
A POINT IN THE CENTERLINE OF U► RIVER ROAD SHELL ROAD) FOR
THE SOUTHEAST CORNER OP TN /S TRACT)
THENCE S. 81* - 11' W. ALONO AND WITH THE CENTERLINE OF UP
RIVER ROAD (SMELL ROAD) A DISTANCE OF 1123.02 FECT TO THE
PLACE OF BEGINNING.
1 . w
THE SAID 8.88 TRACT OF LAND NOT CONVEYED HEREBY, EXCEPT
FOR THE EASEMENT HEREINAFTER PROVIDED, SEIRB MORE
PARTICULARLY OESSCRIBED AS FOLLOWSI -
AL4 OF THAT 8.88 ACRE TRACT OF LAND OUT OF THE GREGORIA
FAw1As GRANT, ABSTRACT NG. 592 OF NUECES COUNTY, TEXAS -
BEING DESCRIBED AS THE SECOND TRACT IN A DEED FROM R. E.
FALLIN TO H. D. COUNTISS DATED AusuBT 6, 1929, AND BE-
CORDED IN VOLUME 1%. PAGE 136 OF THE NUECES COUNTY
OEED RECORDS, SAID 8.88 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF SHARPSBUIo ROAD,
SAID POINT BEARS N. 21- - 081 W. 188.60 FEET FROM THE
INTERSECTION OF THE CENTERLINE OF SHARPSBURS ROAD AND
THE CEMTERLtHE OF UP RIVER ROAD (SHELL ROAD);
THENCE M. 21- - 08' W. ALONG AND WITH THE CENTERLI/NQE OF
SHARPSSURO ROAD A DISTANCE OF 1320.58 FEET TO A 5/8"
IRON ROD BURIED 12" BELOW THE SURFACE FOR THE NORTHWEST
CORNER OF THIS TRACT;
THENCE N. 76- - 37' - 41" E. WITH INC NORTH BOUNDARY LINE
OF THE AFORESAID SECOND TRACT A DISTANCE or 333 -05 FEET TO
A POINT FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S. 21- - 081 E. PARALLEL To AND 330 PEST EAST OF
THE CENTERLINE OF SHANPSBURG ROAD A DISTANCE OF 1023.84
FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE S. 31- - 31' - 30" W. A DISTANCE or 415.08 FEET
To TILE POINT OF BEGINNING.
SAID 6.776 ACRE TRACT OF LAND EXCEPTED FNOM THIS CONVEYANCE
AND RESERVED TO THE GRANTOR, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
ALL OF THAT 6.776 ACRE TRACT OP LAND OUT OF THE GREGONIA
FARIAS GRANT. ABSTRACT NO. 592 OF NUECES COUNTY, TEXAS,
BEING DESCRIBED AS THE SECOND TRACT IM A OECD FROM R. E.
FALLIN TO H. D. COUNT133 DATED AUGUST 6, 1929 AND RECORDED
IN VOLUME 189, PASS 136, OF THE NUSCEs COUNTY OEEO RECORDS,
SAID 6.776 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND SOUNDS AS FOLLOWSS
BEGINNING AT A POINT IN THE CENT[RLINE OF UP RIVER ROAD
(SHELL ROAD), SAID POINT REARS M. 84' - 11' - E., 18.60
FEET FROM THE INTERSECTION OF THE CENTERLINE OF UP RIVEN
ROAD AND THE CENTERLINE OF SHARPSBURD ROAD;
THENCE N- 31- - 31' - 30- E. A DISTANCE OF 415.08 FEET TO
A POINT FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N. 8k' - 11' E. PARALLEL TO AND 330 FEET NORTH or
THE CEN /! A
TERLINE of UP RIVER ROAD (SHELL ROAD) DISTANCE
OF 854.45 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE
OF THE AFORESAID SECOND TRACT FOR THE NORTHEAST CORNER
OF THIS TRACT]
THENCE S. 21- - 41' - 10" N. ALONG AND WITH THE SAID
SOUTHEAST BOUROANT LINE OF THE AFORESAID SECOND TRACT
TO A POINT IN THE CENTERLINE OF UP RIYEB ROAD (SHELL ROAD)
FOR THE SOUTHEAST CORKER OF THIS TRACT;
THENCE S. FA° 11' W. ALONG AND MATH THE CENTERLINE
OF UP RIYER ROAD (SHELL ROAD) A DISTANCE OF 934.42 FEET TO
THE POINT OF BEGINNING.. '
TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES, TOGETHER
WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO 'IN ANY—
WISE BELORB/NG UNTO THE SAID CITY of CORPUS CNR /ST1, TEXAS, ITS
SUCCESSORS AND ASSIGNS FOREVER. AND I DO HEREBY SIND MYSELF, MY
HEIRS, EXECUTORS AND ADMINISTRATORS TO WARRANT AND FOREVER DEFEND
ALL AKO SINGULAR THE SAID PREMISES UNTO THE SAID CITY OF CORPUS
CHRISTI, TEXAS, ITS SUCCESSORS AND ASSIQMS, AGAINST EVERT PERSON
WHOMSOEVER, LAWFULLY CLAIMING OR TO CLAIM THE SAME, OR ANY PART
THEREOF.
THE SAID TWO TRACTS, CONTAINING RESPECTIVELY B. BFI ACRES OF
ayK'.s°.t f:k
LAND, AND 6.776 ACRES Of LAND NEREINBEFDRE RESERVED TO THE GRANTOR,
ARE NOV INCLUDED IN THIS CONVETANCE, SAVE AND EXCEPT THAT THERE IS
HEREBY GRANTED TO THE GRARTEE,TRE CITY Of CORPUS CHRISTI, TEXAS, AN
EASEMENT IN FAVOR OF THE CITY OF CORPUS CHRISTI, TEXAS TO USE SAID
TWO TRACTS Of LAND FOR THE PURPOSE OP PLACING THEREON SEDIMENT AND
WASTE DISPOSAL FROM THE 0. N. STEVENS WATER FILTRATION PLANT INCLUDING
THE RISMT OF PLACING LEVIES THEREON AND PLACING WATER AND SEDIMENT
FROM WASTE DISPOSAL FROM THE OPERATION OF SAID WATER FILTRATION PLANT
OR EITHER OR BOTH OF SAID TRACTS OF LAND. THIS EASEMENT SMALL CONTINUE
IN FULL FORCE AND EFFECT FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE
NERgOiI 9U B.IECT, HOWEVER, TO THE RIGHT Of THE GRANTOR; HIS R[iR3,
ASSIGNS AND` LEGAL REPRESENTATIVES, TO TERMINATE SAID EASEMENT BY
NINETY (g0) DAY WRITTEN NOTICE BY REGISTERED MAIL TO THE GRANTEE,
DIRECTED TO THE CITY SECRETARY OF THE CITT OF CORPUS CHRISTI, TEXAS.
IT IS CONTEMPLATED THAT THC EASEMENT HEREBY GRANTED TO THE CITT
IS FOR THE PURPOSE OF RAISING THE GROUND LEVEL or THE LAND IN SAID
TWO TRACTS Of 8.88 ACRES AND 6.776 ACRES, RESPECTIVELY, BY DEPOSITING
THEREON THE SILT SOIL SEDIMENT AND WASTE MATERIAL FROM THE OPERATION
OF THE 0. N. STEVENS WATER FILTRATION PLANT WITHOUT CHANGE FOR SAID
FILL TO THE GRANTOR, AND WITHOUT CHARGE TO THE GRANTEE OF THE PRIVILEGE
_1�. - ._. ': �.F' v'VAMCe.r wr rr; 9; .. -. ,iM.• ,aesT..F.ns '4F' •' +"
OF DEPOSITING THE SAME UPON SAID LANDS.
,- ..„.,..-- ..w.�. -.... - IT IB,NtRCBT CXPRCSSLT AMR= AND UK09ASTOODA THAT-CUT O►- TUC
GRANT NEACST MADE, THCRC 18 CXCCPTCD AND RCSCRVCD TO THE GRANTOR NERCIp
AN UHDITIDED ONE HALO (1/2) INTEREST IN AND TO ALL OIL, OAS AND OTHER
MINERALO IM APED UNDER TIRE SAID LAND AND PREMISES MERLIN DESCRIBED AND CON.
VEYEDI WITH TNCCX►RESS UNDERSTAUDING THAT THE GRANTOR SHALL HAVC THC CX-
CLUSIVE RIGHT TO EXECUTE ANY AND ALL LEASES UPON SAID PROPERTY FOR OIL,
OAS AND/on OTHER MINERALS WITHOUT TIRE 001110[0 OF THE GRANTEE IN THE EXE-
CUTION THEREOF. IT IS BERCSY EXPRESSLY AGREED AND UNDERSTOOD THAT GRANTOR -
HCREIN, HIS HEIRS AND ABSIOMS SMALL NAVC NO RIGHT OR POWER TO ENTER UPON
RAID LAND ON ANV PART THEREOF FOR`TNC PURPOSE OF MINING AND OPERATING FOR
OIL, GAS, OR ANY OTHER MIMERALS ON, UPON AND UNDER SAID LAND OR FOR ANY
OTHER PURPOSE, EXCEPT YITN THE EXPRESSED WRITTEN CONSENT OF GRANTEE.
I'T'FB FURTHER AGREED AND UNDERSTOOD THAT GRANTOR SMALL Be CNTITLEO
TO ALL MONEY BONUSES AND ANNUAL RCNTALS THAT MAY Be RECEIVED AS CONSIDERATION
FOR THE EXCCUTION OF ALL OIL, OAS AND OTHER MINERAL LEASES, BUT THAT THC
GRANTEE MAY HOT Be DIVCBTCD OF ITS OMC -HALT OF THC ROYALTY INTEREST IN AND
TO THC SAID OIL, OAS AND OTHER MINCRALS PRODUCLD FROM SAID LANDS UNDER ANY
ell
LCASt HEREAFTER EXECUTED.
WITNESS MT HAND, THIS THE DAY OP JANUARY, 1955,
H. D. COUNTIES
THE STATE OF TEXAS
COUNTY OF NUECES i
BEFORE ME, TUC UNDERSIGNED AUTNORITT, ON TNIS DAY PERSONALLY APPCARCD
H. 0. COUNTISS, KNOWN TO N[ TO SC TUC PERSON WHOSC IIAME IS SUSSCRIStO TO THE
FOREGOING INSTRUMENT AND ACKNSWLCOOCD TO MC THAT HE EXCCUTCO TRUE SAME FOR THE
PURPOSE AND COMSIOCRATION THCRCIN CXPRESSCO.
GIVEN UNDER W HAND AND SEALOF OFFICE, THIS THE DAY OF JANUARY,
1955.
NOTARY PUBLIC IN AND VCR NUECES COUNTY,
TexAs
A.
DECEMBER 22, 1954
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENTS OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF
CORPUS CHRISTI TO THE CREDIT OF NO. ZOP CITY OF CORPUS CHRISTI WATERWORKS
SYSTEM CONSTRUCTION FUND
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY 15 NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
DIRECTOR OF FINANCE
,;xw,at}4�'Aesys:=: -... _ •'r.r,+�ca'x�a,.,�. .,
• H4�1�A''.'Yfi}d4t{ifr4�t " . t•�•+M'e +1 `•HKS�} )R.
C c Christi, Texas
Z , 1954
TO THE MEHBERS CF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of -the foregoing
.- ordinance, a public emergency and imperative necessity exist for the suspen-
Sion of the-Charter Rule or requirement that no ordinanc4,or resolution shad
be passed finally on the date it is introduced, and that .such ordinance or
resolution sbaLl be read at three meetings of the City Council; I, therefore,
hereby request that you suspend said Charter rule or requirement and pass
this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfullyl,
MAYOR
�! CITY OF CORPUS CHRISTI, TESAS
The Charter Rule was suspended by the following vote:
P. C. Callaway•
y Ellroy Bing
Jesse S. Raiamith
W. James Brace
F. P. Paterson, Jr.
The above ordinance was passed by the following-note: .,
P. C. Callaway
Ellroy Bing.- r-
James S_..Haismith
W. James Brace
t F. P. Peterson, Jr. .
P
P
wi
' r b
�rv-