HomeMy WebLinkAbout06748 ORD - 01/09/1963•
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AN ORDINANCE
AUTHORIZING BAN DIRECTING RT CTHEE CITY ANAGER, CORPUS
CHRISTI, TO EXECUTE A DEED CONVEYING TO
SOUTHERN PACIFIC COMPANY AND THE TEXAS MEXICAN
RAILWAY
RAILROAD COMPANIES FOR JO NT RAIL YARD YN
SAID
THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY
SET OUT IN THE SPECIAL WARRANTY DEED, A COPY AND
OF WHIH IS ATTACHED HEREOF; AND DECLARING�AN TEMERGENCY E A PART
WHEREAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY AND NUECES
COUNTY NAVIGATION DISTRICT HAVE HERETOFORE ENTERED INTO A PRIMARY AGREE-
MENT FOR THE REMOVAL AND RELOCATION AGREEMENT BSITLIS CONTEMPLATEDITHAT
FACILITIES AND BY THE TERMS OF SAID
CERTAIN AREAS WILL BE CONVEYED TO THE TEXAS MEXICAN RAILWAY COMPANY
AND CERTAIN AREAS WILL BE CONVEYED TO SOUTHERN PACIFIC COMPANY; AND
WHEREAS, SAID AREAS HAVE BEEN DEFINITELY ESTABLISHED, AND
IMPROVEMENTS MADE THEREON IN ACCORDANCE WITH THE TERMS OF THE PRIMARY
AGREEMENT AND THE CITY, FOR ITSELF AND NUECES
CERTA /NCOUNTY
ARE AS NUEcEs
COMPANIES
NAVIGATION DISTRICT, IS RREPAREO TO CONVEY
IN ACCORDANCE WITH THE PROVISIONS OF THE PRIMARY iTME COUNCIL OF THE CITY
NOW, THEREFORE, BE IT ORDAINED BY THE C
OF CORPUS CHRISTI, TEXAS' AUTHORIZED
SECTION 1. THE CITY MANAGER BE, AND HE IS HEREBY,
AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A SPECIAL WARRANTY
DEED CONVEYING To SOUTHERN PACIFIC AID COMPANY AND THE
LROAD COMPANIES FOR JOINT RAI LLYARD
COMPANY THAT AREA USED DY THE
IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET OUT IN THE SPECIAL
WARRANTY DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION Z. THE NECESSITY TO EXECUTE THE DEED AFOREMENTIONED
FOR THE PURPOSES THEREIN DESCRIBED CREE SUSPENSION OFRTHECCHARTERN AND
IMPERATIVE PUBLIC NECESSITY REQUIRING THE THE
RULE THAT NO ORDINANCE OR RESOLUTION THAT SUCH ORDINANCE OR RESOLUTION N SHALL
DATE OF ITS INTRODUCTION AND AND THE MAYOR
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
6748
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 T PASSAGE, IT
IS ACCORDINGLY SO ORDAINED THIS THE__� _DAY OF
1g � I.
rR!i� A CITY OF CORPUS CHRIST
A
CI Y SEYCITAR
APPROVED AS TO GAL FORM THIS
_DAY OF , 2s
i
CITY A TORNEY
SPECIAL WARRANTY DEED
THE STATE OF TEXAS )
COUNTY OF NUECES )
WHEREAS, the City of Corpus Christi has contracted
with the United States of America for the construction of a new
vertical lift bridge over Tule Lake Channel to replace existing
City owned bascule lift bridge at the entrance to Port of Corpus
Christi; and
WHEREAS, the City has contracted with Texas and New
Orleans Railroad Company (predecessor in title to Southern Pacific
Company) and The Texas Mexican Railway Company for the acquisition
of certain lands for relocation of railroad facilities and point
yard operation; and
WHEREAS, the City has acquired said land, and in keeping
with said contract, has been requested to transfer said land to
Southern Pacific Company and The Texas Mexican Railway Company;
NOW THEREFORE, KNOW ALL YM BY THESE PRESENTS: That
the City of Corpus Christi, acting by and through its City Manager,
duly authorized to act, for and in consideration of the sum of Ten
and 00/100 Dollars ($10.00) and other valuable considerations to
it in hand paid by Southern Pacific Company, a Delaware corporation,
and The Texas Mexican Railway Company, a Texas corporation, the re-
ceipt and sufficiency of which is hereby acknowledged, has granted,
sold and conveyed, and by these presents does grant, sell and con-
vey unto the said Southern Pacific Company and The Texas Mexican
Railway Company, except as hereinafter noted, each an undivided one -
half (1/2) interest in and to all those certain tracts and parcels
of land lying and being situated in Nueces County, Texas, and des-
cribed as follows:
Parcel (1) conveyed to City of Corpus Christi
by deed recorded in Deed Records of Nueces County,
Volume 891, Pages 466 -468.
Being a part of Shares 1 and 2 of the Par-
tition of the Names McBridg Estate, as des-
cribed in Partition Deed Recorded in the Deed
Records of Nueces County, Texas, in Volume 55,
at Page 570, and a portion of Sections 6 and
7, Range VII of the Sectionized Lands of H.L.
Kinney; and also being entirely out of SbO! 8,
of the Partition of the Weil Lands as described
=1-
In Partition Deed dated August 16, 1956,
recorded in Volume 579, Page 1128, Deed Re-
cords of Nueces County, Texas.
Beginning at a point in the north right
of way line of the Texas Mexican Railway
which is the southwest corner of Parcel 7
and the southeast corner of Parcel 8 of the
Well Partition of August 16, 1956, as re-
corded in Volume 759, Page 428, of the Deed
Records of Nueces County, Texas.
Thence S. 89° 18' 50' W. along the north
line of The Texas Mexican Railway, a distance
of 335.10 feet to a point;
Thence N. 76. 161 20" E., a distance of
344.89 feet to a point in the east line of
said Parcel 8 and west line of Parcel 7;
Thence S. 0° Olt 45" E „ along the said
east line of Parcel 7 and west line of Par-
cel 8, a distance of 77,83 feet to the point
of beginning, and containing 0.298 acres of
land, more or less.
Parcel (2) conveyed to City of Corpus Christi,
by Deed Recorded in Deed Records of Nueces County,
Volume 891, Pages 474 -478:
Being a part of Shares 2 and 3 of the Parti-
tion of the James McBride Estate, as described
In Partition Deed Recorded in the Deed Records
of Nueces County,Texas, in Volume 55, Page 570o
and a part also of Sections 6 and 70 Range VII,
of the Sectionized Lands of H. L. Kinney; and
also being entirely out of Share 7, o! the Parti-
tion of the Well Lands as described by Partition
Deed dated August 16, 1956, recorded in Volume
759, Page 428, of the Deed Records of Nueces
County, Texas;
Beginning at a point in the north right of way
line of the Texas- Mexican Railway which is the
southeast corner of Parcel 8 and the southwest cor-
ner of Parcel 7, of the Weil Partition of Au ust
16, 1956, as recorded in Volume 759, Page 429, of
the Deed Records of Nueces County, Texas;
Thence N. 00 Oil 45” W. along the said west
line of Parcel 7 and east line of Parcel 8, a dis-
tance of 77,83 feet to a point;
Thence N. 76° 16t 20" E., a distance of 217.91
feet to a point;
Thence N. 890 18; 50" E., a distance of 1,040.07
feet to a point in the east line of said Parcel 7;
Thence South along the said east line of Parcel
7, a distance of 12'%.00 feet to a point in the north
line of the Texas - Mexican Railway.
Thence S. 89° 18' 50" W, with the north boundary
line of Texas Mexican Railway right of way, a dis-
tance of 1,251.73 feet to the point of beginning and
containing x,528 acres of land, more or less.
Parcel (3) conveyed to City of Corpus Christi by Deed
Recorded in Deed Records of Nueces County, Volume 891, Pages
488 -4y1,
-2-
r
Being a part of Shares 4, 5 and 6 of the
Partition of the James McBride Estate as de-
scribed in Partition Deed recorded in the
Deed Records of Nueces County, Texas, in Vo-
lume 55, Page 570, and a portion of the for-
mer J. C. Russell lands lying between the
said McBride lands and the right of way of
The Texas Mexican Railway and also a part of
Sections 6 and 7, Range VII, of the Sectioniz-
ed lands of H. L. Jinney;
Beginning at a point in the north right of
way line of The Texas Mexican Railway which
is the southeast corner of Parcel 7, of the
Weil Partition as described in Partition Deed
dated August 16, 1956, as recorded in Vol. 759,
Page 428, of the Deed Records of Nueces County,
Texas, and being also the southwest corner of
a tract of land consisting of those portions of
Shares 4, 5, 6, and 7, of the McBride Partition
as recorded in Vol. 55, Page 570 of the Deed
Records of Nueces County, Texas, lying westerly
of Lexington Blvd., from which the land herein
described is taken, said point being also the
point of beginning:
Thence North along the west line of the said
Weil Tract from which this land is taken, a
distance of 127.00 feet to a point;
Thence N. 890 18' 50" E., a distance of 535.54
feet to a point;
Thence N. 77° 109 50" E, a distance of 204.57
feet to a point-
Thence N. 00 41' 10" W., a distance of 210.00
feet to a point;
Thence N. 89° 18' 50" E., a distance of 420.00
feet to a point -
Thence N. g° 41' 10" W., a distance of 190.00
feet to a point;
Thence N. 890 18' 50" E., a distance of 50.00
feet to a point-
Thence S. 00 41' 10" E., a distance of 250.00
feet to a point;
Thence S. 74° 129 50" E., a distance of 969.81
feet to a point-
Thence S. 00 41' 10" E., a distance of 45.00
feet to a point in the north line of The Texas -
Mexican Railway;
Thence S. 89° 18' 50" W. with the north boundary
line of Texas - Mexican Railway right of way, a dis-
tance of 2137.06 feet to the point of beginning,
and containing 10,460 acres of land, more or less.
This conveyance is subject to all outstanding mineral
interests, oil and gas leases, rights of way, easements, condi-
tions, exceptions, reservations and covenants of whatsoever na-
ture of -record, if any, and also the zoning laws and other re-
strictions, regulations, ordinances and statutes of m,..aaicipal or
other governmental authorities applicable to and enforceacle
against the above described premises,
-3-
This conveyance is made and accepted upon the ex-
press condition and restriction, which runs with the land, that
�.he above described land shall be used only for railroad purposes,
Including railroad tracks, railroad stations, railroad repair
shops, railroad offices, railroad yards and facilities appurte-
nanr to railroad yards, anG also for warehouses for Freight For-
warder, motor freight and express business uses; provided, how-
ever, that except for such Freight Forwarder, motor freight and
express businesses, the said land shall not be used for or by any
business other than Railroads and railroad uses for the term of
this restriction. This condition shall run with the land and be
effective for a period of seventy (70) years from this date and
shall be binding upon and be observed by the Grantee herein, as
well as its successors, legal representatives and assigns, and
shall run in favor of and be enforceable by the Grantor. In case
of and upon any violation or non - observance of the above covenant
and condition, and thereupon, the same may be enforced by injunction,
and any other remedy available at law or in equity, and the Party
committing such violation or non - observance shall also be liable
for Attorney's fees and 9osts. No act or omission on the part of
any of the beneficiaries of this restriction shall be a waiver of
the operation or endorcement of this covenant and condition.
This conveyance is made subject to all the reservations
and conditions recited in the above described deeds recorded in
Volume 891, Pages 466 -468, Volume 891, Pages 474 -478 and Volume 891,
Pages 488 -491, Nueces County Deed Records.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in any-
wise belonging, unto the said Southern Pacific Company and The Texas -
Mexican Railway Company, their successors and assigns forever, sub-
ject Lo the foregoing.exceptions and reservations; and the City of
-4-
I
"orpus Christi hereby binds itself, its successors and assigns,
except as to the reservations, exceptions and restrictions herein -
above mentioned, unto the said Southern Pacific Company and The
Texas - Mexican Railway Company, their successors and assigns,
against every person whomsoever lawfully claiming or to claim
the same or any part thereof, by, through and under the City of
Corpus Christi, but not otherwise.
WITNESS its hand this the day of ,
196.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
City Secretary BY
APPROVED AS TO LEGAL FORM THIS Herbert . Whitney,city ager
DAY OF , 1962:
CITY ATTORNEY
THE STATE OF TEXAS )
j BEFORE ME, the undersigned authority,
COUNTY OF NUECES
a Notary Public, on this day personally appeared Herbert W.
Whitney, City Manager of the City of Corpus Christi, Texas,
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, and
in the capacity therein stated and as the act and deed of said
City.
Given under my hand and seal of office, this the
day of ,196
Notary Public, in and for Nueces
County, Texas
-5-
CORPUS CHRIST TEXAS / q
-LDAY OF' , j9 �° U
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FOR A
TH IN THE ENERGENCY CLAUSE OF THE FORE-
GOING OROINA NCE, A PUBLIC EMERGENCY ND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION 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
COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
THE CITY OF CORPUS CHRIST
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TON R. SWANTNER /
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG