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HomeMy WebLinkAbout05955 ORD - 11/02/1960IMS:JKH :,11 -2 -6Q TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT CiZ IF..ZNJ.HF—liY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR_A_E'�RT_LOLL OF LOTS 1, 2, 3,.I±; 5 AND__, BLOCK 1, CRAVEN HEIGHTS ADDfT[4N TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE SUM OF J17 .00 0.00, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO CARRY QUT THE PROVISIONS OF SAId AGREEMENTS I(ICLUDING. THE EXECUTION AND DELIVERY OF A PROPER DEED TO THE SAME UPON THE PAYMENT OF THE CONSIDERATION BY THE GRANTEE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI 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 W,500.00, OF A PORTION OF LOTS 1, 2, Y 3, , 5 AND 6, BLOCK 1, CRAVEN HEIGHTS ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, SAID LAND BEING MORE PARTICULARLY DESCRIBED IN THE COPY OF MEMORANDUM OF AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE CITY MANAGER IS HEREBY AUTHOR! -ZED 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 AND DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A, PART HEREOF. 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 rHF 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 �oAY OFfi� , 1960. C ATTEST: /�' P�iAYOR THE C I TY OF G RPUS CHRIS j I, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF �, 1960: CITY ATT RNEY a l THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND rHF 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 �oAY OFfi� , 1960. C ATTEST: /�' P�iAYOR THE C I TY OF G RPUS CHRIS j I, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF �, 1960: CITY ATT RNEY COMMISSION STATE HIGHWAY EN G In EER D. C. DREER HERBERT C. PETRY,JR., CHAIRMAN C. F. HAWN TEXAS HIGHWAY DEPARTMENT @ - HAL WOODWARD J246 - GeV" awisti, Tom" IN REPLY REFER TO FILE NO, I5XORA:IDUM OF AGREEMMT County of Nueces Interstate Highway 37_ Account No; 9016 -12- P -c No. f spas CbrimUs, Tema Hanicipal Gorpomtiaay a,6tia% tV as 1� 'r fps ar', tt�e 43t *efi eior3 #° b oa �ha cta ay as evdaared b r- £ on Qtlaed marked lltA", ale p %orb« Our neiatinns far highway right of way across your property have prggressed to the point that you have indicated a willingness to sign a deed in return for P, as,a_greed to in our previous diseussions� It is thought to be in the best int'ereats o£ both you aril the State of Teacas to confirm this agreement in mm� den to avoid any passible misunderstanding as. to the details of the purchase or the process by'whldh the State -will make payrd6nt. ?The property being aequirPd from you consists.of Being a portion of Lots Arne (1 }s two, (2), thred �� �k�� � An Block one (1), CRAi ii�tIGOITS ADDITION 4a 4ine lay of Cort�us Christi's Tea�as �s -sue map thereof recorded in Volume *AOy ftge 7, Map fteordso Nueoes Clountyo Temsl and a portion of the 2.63 acre U-acat of land conveyed by Peter Berney to the City of Corpus Christi by Deed dated Jay 30, 1914, recorded in Volume 102, Page 626, Deed Soc©rds, iiueces County* Teacas, and all movements thereon, Said portion being More particularly described by states and boiWs as ZoUawas WGIMING at a point In the proposed north right of- way lane of Interstate RL No* 37p said pmt being also in the West bouMary line of Block QAO (1) -0 Lot foe (1)0 Craven Heights Addition, and the Bast line of Culbert Street, end po a Ifur -� bearing S. 00 27, 27" W., 50.97 .feet from the Bor.Uweet aver of Lot One (1); THMdCB, data last 256.98 feet along the proposed. North right-of-way- line of Intez%. state H.ghway No. 37y to a point in the East boundary line of Blocak tine (1), Lot SIX (6), Craven i%i.ghta Addition, said point being also In the West boundary line of a tract of land conveyed by Peter Berney to the City of Corp Christi on January 300, 1914, as recorded in Volume 102, Wage 626, Deed Records of fiascsea Goaunty, fe ; TMiGN' contiroAng due Beat 53.17 feet along the proposed North right-of-way line t of Interstate Highway Nol 37 3CE,, N• 680 181 44e s., 29.92 feet along the proposed right+- of-va<y line of Interw state lUghwayr No. 37; T GE N 24o 561 4b4 g., 29.92 feet along the proposed rig at- of-may line of Inter state Highway No. 371 TBENCE , N. 030 151 514 F., 6%47 feet along the proposed righfi_of- wqy line of Inter*, state Highway NO, 37 to a point In the North boundary line of said city tract, (said Point being also in the South boundary line of Block 4B4, Lot Twenty Two (22), s Addition; TliENM, canUmlIng B. 03° 15' 514 B.s 30.76 feet along the proposed adght�c3f+w�'Ir lime of Interstate Alehmay No. 37 to a point in the West line of Brovalee Bout bpi TFZ=g :a. 000 270 270 W.,, 30.73 feet along the Nest line of Bz%maeae Boulev ard to a Point In the South Boundary line Of Eck °B4, 16t Twenty Two (22.), Dias PAditipn; TMi MCE# continuing S. 000 27t 274 W.,,X94, 2 foot along the Wiest ]line of Brc+wc7 eel Boulevard to its point of Intersection with the North line of Buffalo street; `.i'IENCB, Pi. 890 261 43" W., 11!;.A3 feet along the North li.na of Buffalo Street to a pint in the West boundary line of said city tract am the Beast line of Block fine 1)s CrOvant Heights Addition, -said paint being also the Sfttbeast corner of sal Block One (1)S TMME, emtintdng lei. 89P.26i 434 if., 239w,78 feet along the North line of Banff Street and the South boundary line of said M*& (he (l,), to its point of inter- section with the Bast line of C01berson Street„ said Doint, being also the Southwest corner of said Block One (1); l'kTEN01, N. 000 2711 27" N., 49.03 feet along the East line of Culberson Street and the West boundary line of said Block One (1) to the place of beginningo, And for the same consideration desoribed aboves � upon the sate conditions, g aatorm do es hereby rgaira sett, and convey uaata the State of Texas that portion of the folloulng structure lcaeta ed sm tag �°oF yeast ' c the above described prre�t'sea were origina�y a. tort? nit, to witm Tot saas�r for the State to enter upon ita wa,s conveyed for tio purarasea moving that portion of the above desc ibed structure uhi.ch is located on such Q�rner0s rprMining Property. The owner hereby authorizes the State or theStat ®.0s agent to enter Iff�.�py such re�r,3 arrt yr for sea of re owing such structures and expressly waives 3 damages or e�is t may re to the rmalnog property of the owner as a result of such entry and removal of rich structures. The right of way being purchased by the State-has been thoroughly explained. The payment of $V .0 as herein agreed to 'will constitute full payment to be made by the State and includes compensation for damages, if any, to =7 remaining property owned by you. You and the State have agreed to the follow-in 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 stilphur is reserved to you as provided in the deed. 2. That you�wall pay all delinquent taxes due upon this property, and for t 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, 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 necessary; recorded instruments. Page Two PEMORANDUil OF AGREEI -ENT (CONTINUED) 5. It is expressly understood that you will surrender, give up and deliver possession to the above described premises by Xnveh 31* 191 , subjec to such written extensions as the State may grant. You 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 determine by the State. The payment of the amount herein stated and the terms herein provided constitutle 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 responsib 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, have the right not to endorse the warrant and accept payment until you are ful satisfied on all details of the transaction. CORRECT: District Engineer Texas Highway Department Yours y truly, might of Way Agent' Texas Highway Department e I (we) .fully understand the Texas Highway Department Is proposal as contained in the above letter and agree that my (our) execution of the right of way deed is based on this understanding, CITY OF CORPUS CHRISTI XXWEfAEMXXX ATTEST: BY: HERQERT W. WHITNEY CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF , 1960: ,19 CITY ATT RNEY (Date) (PCs. C1.) _3 1-y- STATE nT TMOAT County of ------- snOr anse Bill 1�s ba Acts of the 55th Legislature, RogulEx Sessioso 195L t 179, other property right, deeped aceasary for 0 !Lnd and 9uch the purposes oi facilitating the can- . ce OP""On Of QPtrolMd Access Mighwayg; and, WRRV-ks, the Purckmae bA8 leen Jeeir"- essary by the State Highway COMMMUM for the Purpcsea of facilitating the can- scruction, Maintypance and Operation of a Kntrolled Agcose Highwir facility; KNOW ALL MR?N1, By That ng Tatlon C 1, b thnvoupll Herbprt 141� shitmaj, its city =� or I hk '0r-j_T.n=0e of tils Council of S'V At as evidenced by o�_ u11jed zi,,§;y hapaQ, and, made a Dart hoveofr of the County of Ngaaaa ........ State of Texas, aerei nafter referred to as Grantors, whether one or more, for and in conaideration of the 5— Of 5-RVENTEM! T1,0USM ,r - ID No/ - - 7 107 IMARS, to Grantors TV litre paid by the State of Texas, acting �y and through the State Highway Cbmmisston� 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 State of Texas, and being more particularly described as follov—S, to-wit; ng a Dorticri ok tots one (1), two (2), Vree (3), four (4), five (5) and six (f) 13: 3100 One (1),hRAVEX HEIGHTS ADDITIN'to the QiQ Of RUM Christi, Mas, as zhCq1-' "by map thereGf recorded. in Volume pacZ't 7, M-PP Fkac-ordo, 'County, TeXAB; a.V'J a -)Orti,nn Of the 2.63 acre tract Of !-and ccnt�ey--_4 by Pet_-,,r Bat -ney ,.o the MY of worpluzz Chri= Q Dead dated jan=arn 30 1914, rG-6nd it VDhrae 102, are 626, Deed Racoj�_,,S, NUCCes Gounty., Te-,ms't. Sp4d no- ' lx3unds as follcjws'�' - rtlombeing described b�i iaetea and 3EGD211'!JAfQ at a Amt =4 the propoaasd N'srth' U13--a of lr'tero-�at'_- Hizhwav `,"o. said point being slop in thil-6 West boundary, LEV Of B10101L '02�n Heights Addition, and the last IMM of &n S. 000 271 270 Q 5007 feet from the X n r t`5 V V V t S ;:may a We x4st W., 1) Mt six Ad"I"' said Mict ON% Man n Us Ost vynmr� 1"s x U 1 z t t ok !�'BO Lo Ti,�ent'- ng •:.,_ 100 in the S vu th 'Cot-, ary 1"I'a cz� 1":: 'THUL'70rs , -.Cmntinuing H. 03 ' 15 5 1 "---E. - 3()76 feet kg�n the *ropossd a,je of Tnt Ice Pou'll e —erstate Fighway No. 37 to a poirt in the West line of is ENC-L', S. C)OO 27' 27" W., 30.73 feet along the West tine of Brown!" Boulave:n� c(-j point in the South Boundary line of Block "B", Lot Twenty Two (22).. Diaz Additi )n, TIHET.ICE, continuing S. 000 27t 2711 W., 1W.02 feet along the West line of Brow-12e, Boulevard to its point of intersection with the North line of Buffalo Street; THENCE, N. 890 261 4,3u W., 115-43 feet along the North line of Buffalo Street n point in the West boundary line of said city tract and the East line of Block or (1), Craven Heights Addition, said point being also the Southeast Corner of sal Block One (1); 1 THENCE, continuing N. 890 26- 31- W., 239.78 feet along the North line of B-'Lf lalo Street and the South boundary lihe of said Block One (1), to its point of inter! section with the East line of Culberson Street, sold point being also the Southvast corner of said Block One (1); TIENCE, N. 000 271 27" E., 49.03 feet along the Fast line of Oulberson Street and the West boundary line of said Block One (1) to the place of beginning. And for the same Uoraidezation described above, and uDQri the same conditions, granter. does hereby bargain, sell, and convey unto the State of Texas that poktion of t! I �:F, following structure located on the remaining property out of which the.above desc-iled premises were originally a portion,to w-it., One (1) Frame construction Office Building, The owner understands and agrees that it will be necessary for the State to znt.r An,-)n :r ' Its remaining property out of -which the above described property ija! 3 conveyed f purposes of removing that portion of the above j es Cr4 bed structure wlich is Ic such owrer's remaining property. The owner hereby authorizes the State or th= �i; , agent to enter upon such reWaining property for purposes of removing such st"UJI"iri expressly waive all damages or claims that ma.1%, result to the remaining property owner as a result of such entry and rer�ova-- of such structures, k. t '. &TORNEY 3,7 T22,A�, �� Z� - � - - - �-.i - ­ -y a %, 1.1- z yAll: A sm! Od State, maws, nsasn -on, K! can 1"goln SO so soplys Dfjjvl-�� town, and it a WO n" VWP, log? ZY yingQw A Or b7 MW awanamors gal waignE, Q- AQ­wt Aps! Fmwmr !may swo the nald wasa isss.- toe !W� zz' -at fc-a Ot any yps at the, top-Amp, OKY N. avptdv sugoormea �3' his v, Cots 1, avjr CIT Y TO UZID'2�"L FEN; -li' IS k. t '. &TORNEY 3,7 T22,A�, �� Z� - � - - - �-.i - ­ -y a %, 1.1- z yAll: A sm! Od State, A 4 CORPUS CHRISTI, TEXAS DAY OF , 1� 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 15 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. RESP�CTFULJLY,. THE CITY OF OF THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELj.ROY KING JAMES L. BARNARD MRS -_RAY AI RHEART JOSEPH B. DONN PATRICK J. DUNNE R. -A. MUMBLE GABE LOZANO, -SR. THE ABOVj: 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. CHRISTI, TEXAS