Loading...
HomeMy WebLinkAbout05720 ORD - 03/30/1960JAW:JKH :3 -22 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, T� AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MEMORANDUM OF AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT PROVIDING FO CON Y NCE 0 STATE OF TEXAS CERTAIN REAL ESTATE, BEING PART OF LOTS , , 7, 8 ND -9 OF BLOC , HIGHLAND PAHK ADD I T I OWN AND B NG O E P7RTCULARL DESCRIBED THEREIN, FOR THE SUM OF $750.00 AND TO CONSUMMATE THE SALE THEREOF BY EXEC UT 10 A D�EIT PROPERTY, A COPY OF WHICH MEMO ND F AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MEMORANDUM OF AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT PROVIDING FOR THE TERMS AND CONDITIONS OF CONVEYANCE BY THE CITY OF CORPUS CHRISTI TO THE STATE OF TEXAS FOR THE SUM OF $750.00, OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEING A PART OF LOTS 5, 6, 7, 8 AND 9 OF BLOCK 5, HIGHLAND PARK ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT FIVE (5), BLOCK N0. FIVE (5), HIGHLAND PARK ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS; THENCE IN A NORTHERLY DIRECTION PARALLEL TO THE EAST PROPERTY LINE OF CULBERSON STREET 148.53 FEET, TO THE NORTH LINE OF LOT N0. NINE (9), OF SAID BLOCK N0. FIVE (5); THENCE IN AN EASTERLY DIRECTION ALONG THE NORTH LINE OF SAID LOT No. NINE (9), BLOCK N0. FIVE (5), 49.17 FEET TO THE NORTHEAST CORNER OF SAID LOT No. NINE (9 ), BLOCK No. FIVE (5 ); THENCE IN A SOUTHERLY DIRECTION ALONG THE EAST LINE OF SAID LOTS NOS. NINE (9), EIGHT (8), SEVEN (7), SIX (6), AND FIVE: (5), OF SAID BLOCK fIVE (5), 157.015 FEET TO THE PLACE OF BEGINNING. SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO CONSUMMATE THE SALE OF SAID PROPERTY BY EXECUTION OF A DEED,FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONVEYING SAID PROPERTY TO THE STATE OF TEXAS, ACCORDING TO THE TERMS OF THE MEMORANDUM OF AGREEMENT, : A. COP)' OF WHICH MEMORANDUM OF AGREEMENT AND DEED ARE AT- TACHED HERETO AND MADE A PART HEREOF. 5113 SECTION 3. THE FACT THAT IT IS TO THE BEST INTEREST OF THE CITY TO CONVEY THE SAID PROPERTY FOR A CONSIDERATION TO THE STATE OF TEXAS FOR ITS USE IN A PUBLIC ROAD PROJECT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND 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, S9 THIS THE O © DAY OF MARCH 1960. MAYOR THE CITY OF PUS CHRISTI TEXAS AT; '/'V f CITY SECRET Y / APPROVED AS TO LEGAL FORM THIS ;0 DAY OF MARCH, 196o: CITY ATTORNEY COMMISSION SPATE HIDHWAY EImORBY D. C. GREER HERBERT C. PET0.Y, JR., dA1RMAH TEXAS HIGHWAY DEPARTMENT C. P. HAWN HAL WOODWARD `-M aw"Ut IN RMY REFER TO FU NO. MIO.1.ANDUM OF AGREEMENT County of Nueces Interstate Highway 37 Account No. 9016 -12 -1 Parcel No. sm QV ot amba ReReffehffisagreementi 4a C " ilk &� o A0 d* Iftloo W" MAO ► lid g i ay �D��F h�ge�ard rt ogressed you have indicated a tdillittgness to sign a deed in return for d to in our previous discussions. It is thought to be in the f both you end the State of Taxes to confirm this agreement in order to ,void any possible misunderstanding es to the details of the purchase — -- or the process by which the State will make payment. The property being acquired from you consists of The right of way being purchased by the State has been thoroughly explained. The payment of S 750.00 as herein agreed to will constitute full payment to be made by the State and includes compensation for damages, if any, to any remaining property owned by you. You and the State have agreed to the following provisional 1. That you will execute a general warranty deed to the State of Texas conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the deed. 2. That you will pay all delinquent taxes due upon this property, and for the required Federal Revenue Stamps to be affixed to the deed. 3. Payment of taxes, liens and encumbrances, if any, and any other expenses of title are to be withheld from the purchase money and paid by the closing agent. 4. The State will pay for a policy of title insurance and for recording the deed, other expenses of clearing or perfecting your title to be borne by you, including recording fees for -other necesser- recorded instruments. 0 ' Page'Two MENDRANDDM OF AGREE11ENT (CONTINUED) 5. It is expressly understood that you will surrender, give up and deliver possession to the above described premises by H �,�,,, �,.Xo , subject to such written extensions as the State may gran . ou expressly agree and consent to the inspection of the improvements, if any, on the above described premises while in your possession by prospective purchasers of such improvements. In consideration of such continued possession, you have agreed to give the State Highway Department five (5) days notice of the date you intend to vacate and to stand responsible financially for any loss of value to this property resulting from fire, theft or vandalism, (a) while you retain possession, and (b) after you vacate if you do so without giving such notice; such loss of value to be determined by the State. The payment of the amount herein stated and the terms herein provided constitute the only consideration and conditions of this purchase, and no other consideration or conditions have been promised or implied. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. With your signing of this letter and the execution of the deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to the owners of the property and to Guaranty Title and Trust Company of Corpus Christi, Texas. This company has been designated as the State's closing agent and is responsible to see that the State obtains clear title. The closing agent will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours v Qay y, Right oent COR RECT: Texas Highway Department District Engineer Texas Highway Department I (we) fully understand the Texas Highway DepartmentIs proposal as contained in the above letter and agree that my (our) execution of the right of way deed is based on this understanding. WITNESS: 1ho JnX dat 1 (Poe. Cl.) Date O.F. 77,512 Parcel Ro. 154 • Texas Highway Department Form D -15 -11 DEED CONTROLLED ACCESS HIGHWAY FACILITY STATE OF TEXAS County of Macon ----------------------------------- j WHEREAS, the State Highway Commission has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957, to purchase land and such other property rights deemed necessary for the purposes of facilitating the con- struction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed nec- essary by the State Highway Commission for the purposes of facilitating the con- struction, maintenance and operation of a Controlled Access Highway facility; KNOW ALL MEN BY THESE PRESENTS: of the County of RleQe9 , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of SOS _Fl y aad 4o% i€3750.00) DOLLARS, to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, 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 rum= , State of Texas, and being more particularly described as follows, to -wit: Block FZve�(y s ULSWA t PwkpSM too the My ooff lOwIff t Tames ad amd more parblcu er2y described ae fo ms Begonbg at the SMU2e st amma at Lot Five (5)p Mwk tp. IMve (9) MgWWM Fork AMU= to the City of Corpus tii dMp Tome; TM= In a Rorther],y dire U(m paralIel to the Beet propwby 2348 of Culbarson Street 11,843 feet, to the North 11m of trot Ro. am (9), of MW Block No. Five (5)1 T E in in FSater2,y dlreadon e1(mg the North Jim of udd Lot No. M= (9), Block Me NITS (5), 49.17 feet to the tort aaat ca mw of Mdd lot Co. Mus (9), Block No. Five 5 1 TMM in a Mutharly d1reoticm a=g the Est 11M of Mdd Tots Rae. tine (9)0 Eight (8), SOM (7), Sls (6), and Five (5), of ®skid Block Five (5), 157.06 feet to the place of begimdng. -1- . i k The Grantore reserve all of the oil,*gas and sulphur in and under'said land, but waive all rights of ingress and egress for the purpose of exploring, develop- ing, mining or drilling for the same; however, nothing in this reservation shall affect the title and rights of the State to take and use, without additional com- pensation, all !other minerals and materials thereon, therein or thereunder. 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, forever. And the Grantors, whether one or more, do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises, unto the said State of Texas, and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is expressly understood that nothing contained herein shall be a limitation of any type on the fee - simple title conveyed by this instrument. IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this day of , 19 ..l�Sl':S�'LTT�S� •R�� Sapbet W. &ditWo City 1=&9W SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, County of Blom I Before me, , a notary public in and for said County and State, on this day personally appeared known to me th RIO Rf to be the person_ whose name-,,,. subscribed to the foregoing instrument and acknowledged to me that ge exxeccu�tted the same for g the purposes and consideration therein expressed; Gza in the Give u deg my IIan angea� N office, this the day of 19 Notary Public in and for Nmeass County, Texas Form D -15 -11 -3- WIFE'S SEPARATE ACKNOWLEDGMENT THE 'STATE OF TEXAS, County of J 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 parson whose name is subscribed to the foregoing instrument, andhaving been examined by me privily and apart from her husband, and having the same fully explained to her, she the said 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, and that she did not wish to retract it. Given under my hand and seal of office, this the.---- day of 19— z Notary Public in and for ENDORSEMEN78 THE STATE OF TEXAS, County of —_ O w a o Y m A d County, Texas. Ca O m � � a I�PgG G� I, , Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the -- day of —A. 1). 19— with its authentication, was filed for record in my office on the day oY , A. D.19— at o'clock —�I., 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. Clerk of Court, County, Texas. Form D -15 -11 By Deputy. -4- i rq m a � U w P4 W p. F AN G4 0 z W y w F AC U H v E z o o w 0. U U l� CJ 6 pq ENDORSEMEN78 THE STATE OF TEXAS, County of —_ O w a o Y m A d County, Texas. Ca O m � � a I�PgG G� I, , Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the -- day of —A. 1). 19— with its authentication, was filed for record in my office on the day oY , A. D.19— at o'clock —�I., 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. Clerk of Court, County, Texas. Form D -15 -11 By Deputy. -4- • CORPUS CHRISTI TEXAS �DAT OFI�s '19y° O TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI' TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, 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 Y R THE CITY OF OR P S CHRISTI EXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.