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HomeMy WebLinkAbout05709 ORD - 03/16/1960AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RIGHT - OF -WAY DEED TO THE STATE OF TEXAS FOR THE PARCELS OF LAND TO BE USED FOR THE WIDENING OF HIGHWAY #9 AND.CONSTRUCTION OF A HIGIWAY RAILROAD GRADE SEPARATION CROSSING AS A PART OF THE BASCULE BRIDGE RELOCATION PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. NOW, THEREFORE, IT IS 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 execute a right -of -way deed to the State of Texas for the parcels of land to be used for the widening of Highway #9, and construction of a high railroad grade separation crossing as a part of the Bascule Bridge relocation project, a copy of which is attached hereto and made a part hereof; SECTION 2. The necessity for immediate execution of said deed so as to enable the Highway Department to advertise for bids and commence con- struction creates a public emergency and an imperative public necessity re- quiring the suspension of the Charter Rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordin- ance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requested the suspension of said Charter Rule and that this ordinance be passed finally on the date of its introduction and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, this the L day of March, 1960. i MAYOR THE CITNO CORPUS ISTI, TEXAS ATTEST- I City Secre a APPROVED AS TO LEGAL FORM THIS DAY OF MARCH, 1960: A) � i City Attorney 5°r 09 �oQm ®av unsvmse...m�- R4. RIGHT-OF-WAY DEED _ -__ 31176 -9-0 STATE OF TEXAS OoPanty of -- -- - N `s uec KNOW ALL MEN BY THESE PRESENTS: - - That City.-of Corpua_Chriati -- - - -- - -- -- -- _ -- -. -------------------------- of the County of,. _ . - .- ... N]leces -_ -__ , State of Texas, for and in consideration of the sum of DOLLARS, to _. in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, have this day sold, and do by these presents grant, bargain, sell and convey unto the State of Texas, all that certain tract or parcel of land. situate in the County of .... hueoe.2- State of Texas, and being a part of Shares_C, D, u(�fi �f -_the tiay_iicHride Partition conveyed by -# (Grautora lis-ted b.a1aw) to------ �?>� by deed dated the ._ day of _._ ... 19 _ -.- .,,, and recorded in Volume - Page _ of Deed Records of Nuoces. _. .._- - ___ County, Texas; said tract or parcel of land herein conveyed, being subject to: (Important Note: If no liens, leases or easements exist, insert the word "None. ") lien(s) held by None (Name) (Add, -.) easement(s) held by.- Plone ... -- -- -- -- (Name) (Addreaa) lease(s) held by- .. -., - iQosse (Name) (Add­.) and being more particularly described as follows, to -wit: # D. 4. Gran -, Trustee Vol. 875, pp. 61-83 Continecltal Oil Company �, R. NeldesSeie, Trustee G. rd. hatch, 3r., etux Vol. 868, pp. 396 -402 S.-W. Janison Vol. 863, pp. 141 -143 G. Byron Smith, Trustee Vol. 875, pp. 435-537 phi111p j. Robinson, Trustee Vol. 864, pp. 137 -139 And being more particularly described as follows, to wits All those certain parcels of land required for additional right- of-way for State Highway No. 9, Parcel "A" being a part of certain tracts of land out of shares "Cu and "D" of the McBride Partition, and Parcel "B" being a part of certain tracts of land out of Shares "C" and "E" of the McBride Partition and being more particularly described as followst Parcel "A" Beginni.ng.at the southeast corner of a tract of land owned by D. W. Grant, said corner being also the point of intersection of the West line of Savage Lane and the propo$ed North right -of -way line of State Highway No.-9, and said point further bearing S. 01 —231 W.,•215.00 feet from the northeast corner of the said Grant tract, Thence S. 010 -231 W., 25.00 feet along the west line of Savage Lane to the existing North right- of-way line of State highway No. 9, Thence N. 880 -391 W., 1852.05 feet along the testing north right -of -way line of State Highway No. 91 Thence N. 740- 25► -47" E., 274.87 feet to a point in the proposed north right-of-way line of State Highway No. 9, said point being 80.00 feet from the existing North right -of -way line of State Highway No. 9; Thence S. 880 -391 E., 1352.52 feet along the proposed Norl:h right -of -fray line of State Highway No. 9, parallel to and 30.00 feet from the existing North right -of -way of State Highway No. 9; Thence S. 690 -581 E., 171.65 feet to a point in the proposed North right- of-way line of State Highway No. 9, said point being also 25.00 feet north of the existing North right- of-way line of State Highway No. 9, Thence S. 880 -391 E., 73.94 feet along the proposed North right-of-way line of State Highway No. 9, parallel to and 25.JU feet from the existing North right- of -Avay line of State Highway ho. 9 to the place of beginning, said parcel containing 2.964 acres, more or less. Parcel "B" Beg;ni nom at a point in the existing South right -of -way line of State Highway No. 9, said point also being in the north property line of the Phillip J. Robinson, trustee tract, said tract being further described in Vol. 745, Page 280, Deed Records of Nueces 0ounty, Taws, and bearing N. 880-391 W., 98.00 feet from the northeast corner of said Robinson tract; Thence Be 640 -391 d., 178.05 feet to a point in the proposed South right-of-way line of State Highway No. 9, said point being 80.00 feet from the existing South right-of-my of State Highway No. 9; Thence N. 880 -391 W., 1328.41 feet along the proposed South right-of-way of State Highway No. 9, parallel to and 40.00 feet from the existing South right -of -way of State Highway No. 9, Thence N. 710 -411 d., 274.17 feet to a point in the existing south right -of -way line of State Highway No. 9; Thence S. 880 -39' E., 1,749.70 feet along the existing South right-of -;ray line of State Highway No. 9 to the place of beginning, said parcel containing 2.827 acres, more or less. SwOiahY Parcel "A" - 2.964 acres of land Parcel "B" - 2.x'7 acres of land Total = 5.791 acres • TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said State of Texas and its assigns, save and moot the following reservations and provisions: The Grantor(s) reserve(s) all of the oil, gas and sulphur in and under said land, but waive(s) all riots of Ingress and egress for the purpose of exploring, developing, mining or drilling for the same; however, nothing in this reservation shall affect the rights of the State to use said Land and other min- erals and materials thereon therein or thereunder for road purposes, it being specifically understood that the State and its assigns thereon, be vested with the title to and the right to take and use, without additional eornpellsatiOn, any stone, earth, gravel, ealiche or any other materials or minerals upon, in and under said IwW, except oll, gas and sulphur, for the ennstruction and maintenance of the Highway System of Texas And the said do hereby - - ----- heirs, executors, and adminstrators to warrant and forever defend all and singular the said premises unto the said State of Texas, and As assigns against every person whomsoever lawfully clairnmg or i; claim the same or any part thereof. And it is further agreed that,----- 99rous -0rio-u- in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon said premises. Witness ---- --- hand_ this the of A. D. 19--.. ATTEST: CITY OF CORPUS-CHRISTI UITY ECRETARY ITY VANAliER APPROVED AS TO LEGAL FORM THIS DAY OF 196o: CITY ATTORNEY SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS. County of Before me, a notary public in and for said County and State, on this day personally appeared known to me (or proved to me on the oath of ----- -- a credible witness) to be the person — whose name---. subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the ..... .. - day of - 19---- . - - - -. Notary Public in and for County, Texas. WIFE'S SEPARATE ACKNOWLEDGMENT • HE STATE OF TEXAS, County of ------- -- - - - -- Before me, _ a notary public in and for said County and State, on this day Personally appeared _ - -- - ---- —_ --- --- - -- - -- - - -- wife of - ` -` — - - -- -- known to me (or proved to me on the oath of - - — - - - - -- - -- -- _ -, a credible witness) to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said - - -_ _ , and that she did not acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed• wish to retract it. Given under my hand and seal of office, this the —_ day of i z 0 �s P, z z A 3p qF e � F7 � L 3 m L) w C� I Notary Public In and for _ -- -- County, Texas. A � C Q � w F j O G7y i E- E G�7 w F ENDORSEMENTS THE STATE OF TEXAS, County of .- -- - -- - --- — -- - -- — - - - -- b I y I I a m I I Q 4 I I � o G, �Q a i h ----- --- -- - - - - -- T •--- -- -- -• Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing, dated the ___ —_ day of . —A D. 19_ with its authentication, was filed for: record in my office on the..--. day of= -•-, —, A. D. 19_ at --- o'clock __. -M., and duly recorded this the.- --- -.__ -- day of — ....... _ --- -- . A. D. 19_ at .- ..---- o'clock .. _..M., in the Deed Records of said County, in Volume - ,- ___.._. —. on Page_._ — -_—. Witness my hand and the seal of the County Court of said County, at office In .._,..- -_ - - -- Texas. the day and year last above written. Clark of Court, - __ -- -- Caeaty, Teaa. By -- Do". iF> CORPUS CHRISTI, TEXAS AD AT OF / , '19 ! O TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEa A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT -THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDV AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL] 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YOR THE CITY CORPUS CF ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. OUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.