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HomeMy WebLinkAbout05773 ORD - 05/25/1960.� IMS :JKH :5 -17 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MEMORANDUM OF AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT OVIDING FOR C C THE STATE-OF TEXAS CERTAIN PEAL ESTATE, BEI G ALL OF LOT AND A PORTION OF LOTS 7 S 10 AND 11,BLOCK WEST END ADDITION (PART OF OVENSC OLD PARK), AND BEING M PWTCULARLY DESCRIBED THEREIN, FOR THE SUM OF $23,400.00, AND TO CONSUMMATE THE SALE THEREOF BY EXECUTION OF A DEED TO SAID PROPERTY, A COPY OF WHICH MEMORANDUM OF AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO RELEASE PAVING ASSESSMEN7- rGUNST SAID PROPERTY, DATED NOVEMBER 2, 1941, RECUTRED IN VO UME 3, PAGE 238 OF DEED OF TRUST RECORDS, AND DATED APRIL 8, 1952, RECORDED IN VOLUME 1423, PAGE 136 OF DEED OF TRUST RECORDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT 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 $23,1400.00, OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEING A PORTION OF LOTS SEVEN (7), EIGHT (8), NINE (9), TEN (10), AND ELEVEN (11), BLOCK THREE (3), OF WEST END ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY MAP THEREOF RECORDED IN VOLUME A, PAGE 5, OF THE NUECES COUNTY MAP RECORDS, TO WHICH REFERENCE IS HERE MADE, SAID PORTION OR TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT SEVEN (7), BLOCK THREE (3), WCST END ADDITION; SAID CORNER BEING IN THE EXISTING EAST BOUNDARY LINE OF BROWNLEE BOULE- VARD AND ALSO IN THE PROPOSED SOUTH RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY ND. 37; CONTAINING AN AREA OF .1414 ACRES; THENCE N. 00° 391 514" E. 1144.00 FEET TO THE NORTHWEST CORNER OF BLOCK THREE (31; THENCE S. 896 271 141" E., 300.00 FEET TO THE NORTHEAST CORNER OF BLOCK THREE (3); THENCES G 38' 140" W., 614.63 FEET; 57`3 THENCE S. 60° 51' 23" W., 64.63 FEET; THENCE S. 500 57' 46" w., 43.27 FEET; THENCE S. 70° 45' 01" W., 86.54 FEET; THENCE N. 89° 27' 41" W., 43.27 FEET; THENCE S. 27° 33' OO" W., 49.42 FEET TO THE PLACE OF BEGINNING. SAVE AND EXCEPT A PORTION OF DEDICATED ALLEY IN BLOCK THREE (3), WEST END ADDITION, AS SHOWN BY MAP THEREOF, RECORDED IN VOLUME "A ", PAGE 5, OF THE NUECES COUNTY MAP RECORDS, SAID EXCEPTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NINE (9 ), BLOCK THREE (3), WEST END ADDITION, SAID POINT BEING ALSO THE NORTHWEST CORNER OF THE EXCEPTION HEREIN DESCRIBED; THENCE 5.890 27' 41" E., 12.00 FEET TO THE NORTHEAST CORNER OF SAID EXCEPTION; THENCE S. 00° 32' 19" w., 63.11 FEET TO THE PROPOSED SOUTH RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37; THENCE S. 50° 57' 4611 w., 11.89 FEET; THENCE S. 70° 45' 01" W., 2.82 FEET; THENCE N. 000 39' 54" E., 71.66 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 0.019 ACRE, MORE OR LESS, AND ALL IMPROVEMENTS THEREON. 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 COPY OF WHICH MEMORANDUM OF AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF, AND RELEASING PAVING ASSESSMENT OF DWIGHT STREET, DATED NOVEMBER 12, 1941, RECORDED IN VOLUME 173, PAGE 238 OF DEED OF TRUST RECORDS, COVERING LOTS 7, 8, AND 9, IN THE AMOUNT OF $741.89, AND RELEASING PAVING ASSESSMENT OF ANTELOPE STREET, DATED APRIL 8, 1952, RECORDED IN VOLUME 423, PAGE 136 OF DEED OF TRUST RECORDS OF LOTS 9 AND 10. 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 -2- 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 TiAT 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 ORDI- NANCE 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 DAY OF , 1960. s Z ice_. •n.w. M TN CI PUS CHRISTI, TExAS CITY SECRE ARY / / APPROVED AS TO LEGAL FORM THIS y DAY OF y �1 e �_ _, ig6o: CITY AlhTORN Y % COMMISSION STATE RIGRWAY DWIMOt H E R B E R T C. V E T R Y, J R., [RAIRMtw TEXAS HIGHWAY DEPARTMENT D. C. GREEK C. F. HAWN NAB WOODWARD I= 5246 "TM ftuuj, zme IN WLY HIM TO MEMIORANIUM OF AGREEMENT FILE NO. County of Nueces Interstate Highway 37 Account No. 9016 -12 -1 Parcel No. tho f13ty of Gpw cutout Tema a nmiap a C079ar UOU SCUM by awl tbmugh Korbeatt V* VAtnoy, Its MY Mma0ro Of thO Cbu aty of Nees, Stata of T=si horo 647 AutlmUW tty Orditanao of the OMMOU of salfi City as Mdonco by cur4fted �i f P*4&M% 0*1*ft4rVP1k4Wffl4ressed to the point that you have indicated a willingness to sign 'a deed in- return for payment as agreed to in our previous discussions. 'It is thought to be in the best interests of both you and the State of Texas to confirm this agreement in order to avoid any possible misunderstanding as 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 2�S as herein agreed to will constitute full payment to be made by the Stai,e ONncludes compensation for damages, if any, to any remaining property owned by you. You and the State have agreed to the following provisions: 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 necessar•, recorded instruments. -- - (+6r46aUU UL Lobs ana lI), mSL ld)# 11in1 l9), 7tG (JD), !ad ZLevin (11), � ), of ve ffL tat t<t �,.. t ., 4 h4 8t o1-lle 7wAbrilm , -?env as shom by map tharenf recorded in Volume A& Page 5, of the =was Ccrmty iii Records, to which refereace is here made, said portion or tract of land being more particularly described by meters sad bomtds as fonoom, BAG at the Southvwt comer of lot Sam (7), Bioek Three (3), West Rid Addition= i h said being In the mdoting Dist bonaflary line of Brastalee, Boulevard and aloe Propoeed SOUN2 rlght.-of- W Sins of Mot©rsiate Sighu Pb. 37; OtMalming an area of .434 aoares. TIMM N. 000 39# 54* $.,71,,4,00 feat t0 the Northeast corner of Block 'wee (3); MM S. 890 271 4111 E., 300.00 feet to the Northeast coraor of Block lbrw (3); TMIM S. 800 38# 4011 W., 64.63 feet; 0 TMM e. 6fl 511 23° Woo 64.63 fee TMNM S. 50° $71 460 W., 43.27 feat; TBENCE S. 700 451 010 I•b, 86.54 feat; 7MmM m 990 27� 4111 W:, 43.27 foot; T1�11" S. 270 331 0011 W., 49.42 feet to the place of beginning. SAVE MID MMM a perm of dedUaated alley in iito k Three (3), West Ead Addition, as Wmm by snap theMfv rscorcled In Mums 0AN, page 5, of the Nuaes Cotmty Imp R acords, avid mmOPtion being more particularly de; wlb�::d as fo]3 usv EMU,'.,fidG at the lbrtheset corner of lot dine (9), B--0& Area (3), ' Lest gad Additioa, said point being also the northwest corner of the escegstion herein described; MM S. 89t1 271 4111 E., "00 feet to the Mrtheast comae of soda =aption; THEM S. ODO 321 I9° tl., 63.31 feet to the proposed South right -of_tay line of lator9tats HighwaY No. 371 T1lEM S. r, 571 46v 11., ]x.89 feels; S. 451 01 11., 2.82 feet; TMM V. Ce 39# 5411 F., 71.66 feet 40 the place of begiming, and contsinjag 9.019 acre, more or less, and an dents thereon„ page Two MEMORANDUM OF AGREEMENT (CONTINUED) 5. lb is expressly understood that you will surrender, give up and deliver possession to the above described premises by '�� , subject to such written extensions as the State may granu 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 constit}ite the only consideration and conditions of this purchase, and no other consideration or conditions have been promised or inplied. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. Nith 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 Insurance Company, of Corpus Christi, Texas. This company has been d esignated as the Status 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.f Yours )- - --41 0. Right of Way Agent CORRECT: Texas Highway Department District Engineer Texas Highway Department I (we) fully understand the Texas Highway Departments proposal as contained in the above letter and agree that my (our) execution of the right of way deed is based on this understanding. WITNESSt (Pos. 01.) SYo Wrbort M. I*AtWs My r4nagW ,19_ (Date) CORPUS CHRISTI, TEXAS / o` `r DAY OF , i9 p o TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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, YO THE TY�OFPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART ✓' O JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. V /fI� THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING It JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. `_ •r•- Q J ul lu J 3 � o ro S k'ETCH Cr-7 CITY �q R K rvt4 • AcRF qt a 0.390 B! x.K 3 b✓EST E !i DO. g �a�r' rnf 37 J NK/ erg 7•E D Ro 4i