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HomeMy WebLinkAbout05912 ORD - 09/21/1960IMS :JKH:9 -21 =60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AN D ON BEHALF OF THE CITY OF CORPUS CHRISTI, T_0_ EXECUTE A MEMORANDUM OF AGREEMENT WITH THE TEXAS RIG-MAY DEPARTMENT PROVIDING FOR CONVEYANCE TO THE STATI,,OF TEXAS CERTAIN REAL ESTATE IN BLOCK , HIDALGO ADDITION, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FOR _THE_ SUM OF_$5UO.00, AND TO CONSUMMATE__TH_E 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; AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS 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 $5770.00, OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37 AND THE NORTH LINE OF BUFFALO STREET,SAID POINT BEING IN THE WEST LINE OF _ LOT 23, AND THE EAST LINE OF LOT 24, BLOCK 1, HIDALGO ADDITION, SAID POINT FURTHER BEARING N. 89 DEG. 241 23" W., 575.00 FEET FROM THE SOUTHEAST CORNER OF BLOCK 1, HIDALGO ADDITION; THENCE N. 89 DEG. 241 23" W., 75.05 FEET ALONG THE NORTH LINE OF BUFFALO STREET AND THE SOUTH BOUNDARY LINE OF BLOCK 1, HIDALGO ADDITION TO A POINT IN THE WEST BOUNDARY LINE OF BLOCK 1 AND THE EAST BOUNDARY LINE OF A TRACT OF LAND CONVEYED BY PETER BERNEY TO THE CITY OF CORPUS CHRISTI ON JANUARY 30,1914, AS RECORDED IN VOLUME 102, PAGE 626, DEED RECORDS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID POINT ALSO BEING THE SOUTHWEST CORNEROF BLOCK 1; THENCE N. 89 DEG. 24' 23" W., 356.86 FEET ALONG THE NORTH LINE OF BUFFALO STREET TO THE POINT OF INTER- SECTION OF SAID LINE WITH THE EAST LINE OF BROWNLEE BOULEVARD; THENCE N. 00 DEG. 27' 44" E., 150.02 FEET ALONG THE EAST LINE OF BROWNLEE BOULEVARD TO A, POINT IN THE NORTH BOUNDARY LINE OF SAID CITY TRACT AND THE SOUTH BOUNDARY LINE OF BLOCK "B ", LOT 21, DIAZ ADDITION; . , 5- b THENCE CONTINUING N. 00 DEG. 277 44" E., 30.88 FEET ALONG THE EAST LINE OF BROWNLEE BOULEVARD TO A POINT IN THE PROPOSED RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37; THENCE S. 02 DEG. 021 28" E., 30.91 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF BLOCK 93", LOT 21, DIAZ ADDITION; THENCE, CONTINUING S. 02 DEC. 021 28" E., 124.36 FEET ALONG THE PROPOSED RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY No. 37; THENCE S 23 DEG. 141 3911 E., 14.82 FEET ALONG THE PROPOSED RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY No. 37; THENCE S. 65 DEG. 361 49,tt E., 14.82 FEET ALONG THE PROPOSED RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY No. 37; THENCE S. 87 DEG. 061 51" E., 330.91 FEET ALONG THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37 TO A POINT IN THE EAST BOUNDARY LINE OF SAID CITY TRACT AND THE WEST BOUNDARY LINE OF BLOCK 11 LOT 26, HIDALGO ADDITION; THENCE S. 87 DEG. 06' 5111 E., 75.07 FEET ALONG THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY NO. 37 TO THE PLACE OF BEGINNING, SAVE AND EXCEPT THE IMPROVEMENTS AS RETAINED IN THE MANNER HEREINAFTER SET FORTH. 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 MEMORAN- BUM OF AGREEMENT, A COPY OF WHICH MEMORANDUM OF AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE FACT THAT IT I$ 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 REQUARING 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, -2- a � I HAVING REQUESTED THE SUSPENSION OF SAID CHAPTER 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 PASSA , IT IS ACCORDINGLY PASSED AND APPROVED1 THIS THE I f DAY OF , 1960. ATTES, MAYOR 61CORPUS THE CITY CHR I I J TEXAS C TY SECRETAR / APPROVED AS T0,LEG.AL FORM THIS ! DAY OF �.� s 1960: ' J 6 CITY ATTORNEY n PSE � 1 D r, ca M M I SS I ON -1-TC MIC— ...WEER D. C. GRE -ER HERBERT C. PETRY,JR., CR IRMAN TEXAS HIGHWAY DEPARTMENT —'- C . F. H A W K HAL WOODWARD B= 5246 Christi., Fame IN REPLY REFER TO FILE NO. IEMORk"DUM OF AGREIZI iTT County of Nueces Interstate Highway 37 Account No: 016 -12= Parcel No.' 'Fhe, City 4C Car,= ChAOU# Tmmsp a ftM10iPM1 CMPMT.Iono, 40UM by aUd tbr6up+ Herbwt W4 IlUtner# its City XawZerp of the Gmnty of Naecesp $hits of Tbma,, hm $ Y AWSMAW VA *6tf Our negotiations for highway right oil way across your property have progressed 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 it ke ayme The r erty being acquired from you consists of The right of way bein chased by the State has been thoroughly explained. The payment of $ 5 *"i rt � 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 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 siLlphur 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 el- nenses of clearing or perfecting your title to be borne by you, including recording fees for other necessary recorded instruments. Ups at Mdr&U Strwt,, Mdd past beim in tw Wwt 11M Of LOS qty (23) s aW the laot 21M of Lot Iventy Few (244 Mock Ow (1) s fad id:tions, std polat clog. 2411 2r W-* 5MOD Beet frm the Smtheast ooh of Mo& One (I)$, Hides chit ; TWIG4 K. 89 deg. 24t 23m W +p 75,05 feat along the Forth e . 1in of Street and the � Um 4 Mock One (l )* Hidalgo addition to a point in the 'pest boundary ?.ine of Mock Ono (1) and the East boumlary Une of a tit of Und oonveyod by Peter Barney to the City of Corpus Kati on January 30g nl4v as recor&4 in Voles =# Page 626# Dwd Facords of the City of Corpus Chrisfil, kbw.w ya qty: Texas, ryf said € int a being t e the North w -..�,o (ck yr. (1); JLSbdJZM ;4 99 deg, 2 .1 2311 ���ill -�"p t'��-6 .L .&. GN.&on he North 31 o i.'L'�.�.�3'. asp to tae Lvint of intersection of said lane with the -dst S-VM-MI s TIMIUM., 11. deg. 27, 4V E.: 16D,02 feet along the Fzs't Ana of liraml1ee Boulevarrfto a nof. it In the IRWth boundrry ILne of said city tacit end U6 South bow3dary line of Block `W), lot W=ty Ow (21), Diss Additioal cmntlnulng 14, 0 deg. 271 - E., 30.3 feet along the Est line of t�romjea t€9 a point n the pmpoao � rf Mne of Interstate TPIR-M!,, S. 02 deg. 02* 28- R., 30-91 feet to a Nint In the Snuth bour4€,sy Una of Block qW, lot Tvalty One (21)9 -Diaz Addition, EW %, imntlnulng S. 0-9 deg. 020 2 s� IN., x.36 fact along the pmposed right-aft.. 2111- of let stat-I M&U b. 37 `i 34ME, S. 23 dog, sal 3911 K., 14.1" f4cat. a1mg the propoaad right,-af° 11ne of interstate 12-1-ghtay Tb. 37; THO , S. 65 dtg. 361 4911 V., 14._ 2 f -east alb the pMposed ra t -*f-wy 11ie of Tnterstatet Iffidivay No. 3 a z a,:M -13, S.. 137 deg. ,"1 51" �•„ 330.91 feet along the Narth right.-of-my line of Interstate Mghv ' b. 37 to a point in the 'East of s city tract a the West teary line of Block One (1), Lot qty Six (26), Mdalgo Addition-, TW E', "> 87 dog. 06t 51" , 75,07 feet oIQ the TIarth rigIit -Of fins of interstate Ilighvey ..37 to the place of begi 3 MV-2 AIM FAMPT the is. MOVMMU as retained in the moaner h %ter set forth. a � . 3 9 i Page Two MORLMU -1 OF AGREE IENT (CONTINUED) 5. It Is exprmly t *rat�xA ar v¢ mat ym will rot-An title- too thp tonpi atilt dftmtbad _ tt. � W om the eve desedbed ImA, t U 2) Mg merle W Ur4ampixg. AibJeato ba4,ww, to tM . xAta that la We ova Orantor falls refus for aqV to V* Wou aka «sue dosasdw 11k:� Mmu tv :porch A. 1961, s meat, howf'ver, to MWh artowl pl of meted by the State in wit'Ina# the Utle to an or any Mrt of such v tS in tft6 6 teof -O, emmer. 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 Insurance Company of Corpus Christi, Texas. This company has been designated as the ,Staters 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. Your v truly, Right of Utay Agen Texas Highway Department CORRECT; District Fgineer Texas Highway Department I (we) fully understand the Texas Highway Department Is proposal as contained in the above letter and agree that'iq (our) exe cation of the right of way deed is based on this understanding. . . &FT— T Y ik Of C4?3"?t Oh r;i.Fri+��, ' lg Date (Ret. Cl.) i Q. F. S0369 DEED COMTOLUM ACMSS RIGZaY FACUJM S T A T E. OF TEXAS IMCES County of -------- ---- ---------- ------------ Ts'MREM, the State Highway Commission has been authorised unifpr ricase Bill 179, ACLs of the 55th Legislature, Regular Session, 1937, to Purchase land and such other property rights deemed necessary for the purposes of facilitating the con- struction, maintenance and operation of Controlled Acceas Highways; a-ad, V60P,RAS, the purchase of the hereinafter described premises has been deenme, noc- by. the State Highway Go fission for the purpose& of facilitating the Con" ion, maintenance and operation of a Controlled Access High-4ay facility; A.1-7, AIEN BY THESE PRESENTS: Tt ,IaL_ of Corpus Christi, Texas, a Municipal Corporation, acting by and duly auttwrized by ordinance of the oouncil of said City —a.taahed-, 4-m-FER-Embli mr, and, a part 11-ereof. of the County of Nueces —2 State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Five Thquagn$ Seven Hundred. SeyentZ & N QZgo ( I _DOLLARS, to Grantors in hand t . 5 paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lion 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, , 5t situate in the County of Nuaces State of Texas, and being more particularly described as follows,•to-wit: B'r:GI.'TJ`IITG at a voint in the North right-of-way line of Interstate Highway No. 37, acid the North line of Buffalo Street, said point being in the West line of Lot '%,enty Three (23), and the Fast line of Lot Twenty Fmr (Pj�)I Block One (1). Hidalgo Add�' ii ion, sai:7 -x)-' - nt further bearing N. 89 deg. 241 �311 W., 575.0� feet from the South - ea 't corner of Block One (1), Hidalgo Addiuion; rt q9 leg. 24' 23-" W., 75.05 feet along t h e No h line of Buffalo Street d 'he 'with boundary line of Block One (1), Hidalgo Addition, to a point in the Vest b-,uno-r-y 11ne of Blocf One (1), and the East boundary line of a tract of land con,leywl bV :et(-r Perne7 I miary 30, 1914, a8 to the City of Corps: Christi on ja recor,;!e:! In _A).�me 102, page 626, Deed Recorls of the City Of Corpus Christi, "'laces Cour-uY, Texas, said point also being the Southwest corner of Block One (1); 711" 20 23" V., 350.36 feet Plong the !forth Li%t� of Buffalo St eat sai(I line,w'th the Fa--',. line :,f .. t r -2_ THENCE, N. 00 deg, 27' 44'' E., 160.02 feet along the East 1_ne of Brownlee Boulevarc to a po'nt in the north boundary line of said city tract and the South boundary line of Block "B ", Lot Twenty One (21),, Diaz Addition; THENCE, continuing N. 00 deg. 27' 44" E., 30.58 feet along the East line of Brownlee Boulevard to a Point in the proposed right -of -way line of interstate Highway No. 37, THENCE, 5.•02 deg 02' 23" E,, 30,91 feet to a point in the South boundary line of Block "B ", Lot Twenty One (21), liaz Addition; THENCE, continuing S. 02 deg, 02' 23" E., 124.36 feet along the proposed right -of -way line of Interstate Highway No, 37; THENCE, S. 23 deg. 14' 39" E., 14.82 feet along he of Interstate Highway No. 37; g Proposed right -of -way line I THENCE, S. 65 den. 350 49" E,, 14„82 feet alon g the pr °xlsed of Interstate Highway 15. ?7; right o f way line THENCE, S. 87 del;. 06' 51" E., 330.91 feet along the North right -of -way line of Interstate Highway No. 37 to a no_nt in the East boundary line of said city tract and the West boundary line of Block One (1), Lot Twenty Six (26), Hidalgo Addit.;,on; 75.07 feet along the North right- of -wav line of interstate highway io. 37 to the place of beginning. SAVE retaining nip EXCEPT, }.;,,,'H, it is el, -Pre sly understood and agreed that grantor is retainb "d tit;. r- to only the foKowing described im rovements l,cated an the above :1eaCrlb. -d pr��:; =:;e ,, to the i In ale ondscaping r C n' FR, to the "it t, . n that in the event Grantor fails or refuses for 4ny , r to remove such above described improvements by- °arch 11, 1961, lowever, 11 ouch extans._ons of time as may be ranted b th •.,r� n 6n tit!' r all �-, or anj Dart of such 'mnrovemgnt9 not y e State li is " , " s " r : ve so Texas, f removed Mali __ : o�; 't :: t .iai the S � ° e of Texas, _ or .v -._ . The Grantors 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 OF CO3PUS CHRISTI Herbert vdliitney, City na er SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, -- County of u- '== -- - - ---- Before me, _ a notary public in and for said County and State, oi, this c:,y personally appeared ,_rber't ';d, ;,Ih --', known to me (Tax_4Xovad Lo.'re:bYi< tke:oatE1 <o__, a sredihiexuttmCsa) to be the person whose Wane_ _ subscrib,,d to the foregoing instrument and acknowledged tr, me that xccuted the same for the purposes and consideration therein expressed, .. 1. . 1 1 . _ .. j ' I.. _. - Given under my hand and seal of office, this the day of 19 — — °orn D - IS - i. Notary Public in and for ;-c County, T Y,!s .l �. *WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OR TEXAS, I j 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 tb me on the oath of - -- — - - - -- --------- --------- _________y 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 ---- --- ---------------- _--- ____ acknowledged such instrument to be her act and deed, and declared that she had willingly signed same for the purposes and consideration therein expressed,,and that she did not wish to retract it, the Given under my hand and seal of office, this the -------- day of Notary Public in and for ___ _ , County, Texas '{j a >; z N H ro A, T€, F. STATE: OF TEXAS, County c,f 14 N w L Q 7 w" a, Ell F" v; o p ? .4 CO a 0 1 F x o v t~ rr y w ! E - L.I o° b c g M; u a. U x ¢ T€, F. STATE: OF TEXAS, County c,f 14 N w L Q w" ° Ell v; ¢' p ? .4 CO a 0 1 F x o v t~ ENDORSEMENTS 0 i i W j i I d o c 'n � I A m cu l' -- - - - Clerk of the County Court of said County, do herehy certify that the foregoing instrument of writing, dated the day of - -- ...... .. -._ . A. D. 18 with its authenticx!+on. was filed for record in my office on the .. ,day of-- -- .. .._ A. D. 19 at o'CInck tit and duly recorded this the day of ....._ ._. -._ ._ . A. D. 19 at ri! x Ai., tFie Deed Records of said County, in Volurne - t u r: ,; i and the sex; of the Count on paf"e S Court of said County, at office in �.r last .iiiove v:t'itten. , - Clerk of Court, By s s l7eAtitg r 1 Gam. e P4 w ! E J q O ! m A i 1 H � � l' -- - - - Clerk of the County Court of said County, do herehy certify that the foregoing instrument of writing, dated the day of - -- ...... .. -._ . A. D. 18 with its authenticx!+on. was filed for record in my office on the .. ,day of-- -- .. .._ A. D. 19 at o'CInck tit and duly recorded this the day of ....._ ._. -._ ._ . A. D. 19 at ri! x Ai., tFie Deed Records of said County, in Volurne - t u r: ,; i and the sex; of the Count on paf"e S Court of said County, at office in �.r last .iiiove v:t'itten. , - Clerk of Court, By s s l7eAtitg r a&, _ r. CDRPuS CHRrSTf, TEXAS DAY OF 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, MAYOR THE CITY OF OR 'US CHRISTI, ERAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: EL�.ROY KING (�� JAMES L. BARNARD MRS. ,RAY Al RHEA RT � JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE % r GABE LOZANO,,SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE% ELLROY DING JAMES L. BARNARD MRS. RAY AIRHEARI JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.