Loading...
HomeMy WebLinkAbout06938 ORD - 06/19/1963c— JPR:JKH:6 -19 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONVEYING UNTO THE STATE OF TEXAS, A PORTION OF LOT 39, BLOCK 1500, ROPES AND CHAMBERLAIN BAY TERRACE #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DESCRIBING THE SAID PARCEL BY METES AND BOUNDS, THE SAME TO BE USED AS RIGHT OF WAY FOR THE CROSS - TOWN EXPRESSWAY, A COPY OF SAID DEED BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI, THROUGH A GENERAL WARRANTY DEED FROM TEXACO, INC., HAS ACQUIRED AS PART OF THE RIGHT OF WAY FOR THE CROSSTOWN EXPRESSWAY THE FOLLOWING DESCRIBED PROPERTY: BEING A PORTION OF Loy 39, BLOCK 1500, ROPES AND CHAMBERLAIN BAY TERRACE #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID ADDI- TION BEING MORE FULLY DESCRIBED BY MAP OR PLAT, VOL. A, PAGE 26, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SAID PORTION BEING MORE FULLY DESCRIBED BY METES AND BOUNDS DESCRIPTION AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEAST BOUNDARY OF LOT THIRTY —NINE (39), BLOCK FIFTEEN HUNDRED (1500), BAY TERRACE NO. 2, BEING ALSO IN THE PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY 256, WHENCE THE MOST SOUTHERLY CORNER OF SAID LOT THIRTY —NINE (39) BEARS S. 55° 35' 59" W•, 43.74 FEET; THENCE.ALONG SAID PROPOSED WEST RIGHT OF WAY, N. 30° 02' 11" E., 52.31E FEET; THENCE S. 31° 21' 01" E., 25.07 FEET TO THE SOUTH- EAST BOUNDARY OF SAID LOT THIRTY —NINE (39); THENCE ALONG SAID SOUTHEAST BOUNDARY S. 550 35' 59" W., 115.93 FEET TO THE PLACE OF BEGINNING; AND WHEREAS, THE SAME WAS CONVEYED TO THE CITY OF CORPUS CHRISTI BY TEXACO, INC., THROUGH INADVERTENCE INASMUCH AS TEXACO, INC., IN THEIR EARNEST MONEY CONTRACT WITH THE CITY OF CORPUS CHRISTI HAD AGREED AND BOUND ITSELF TO CONVEY SAID PROPERTY TO THE STATE OF TEXAS TO BE USED BY THE STATE AS RIGHT OF WAY FOR THE CROSSTOWN EXPRESSWAY; AND WHEREAS, IT IS FELT THAT IT WOULD BE MORE EXPEDIENT FOR THE CITY OF CORPUS CHRISTI TO CONVEY SAID PROPERTY TO THE STATE OF TEXAS FOR THE STATE'S AGREEMENT TO REIMBURSE THE CITY FOR 50% OF THE COST OF ACQUISITION RATHER THAN GOING THROUGH THE PROCEDURE OF ACQUIRING A CORRECTED WARRANTY DEED FROM TEXACO, INC., CONVEYING SAID PROPERTY TO THE STATE OF TEXAS: • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI) TEXAS. SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A DEED CONVEYING UNTO THE STATE OF TEXAS ALL OF THE ABOVE DESCRIBED PROPERTY, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT IT IS TO THE BEST INTEREST OF THE CITY TO CONVEY THE SAID PROPERTY 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 DE- CLARED 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE ]DAY OF JUNE2 1963. AT�I APPROVED A990 LE L FOR THE DAY JUNE, R 1 63: CITY ATTO,EY YOR THE CITY OF CORPUS CHRISTI, TEXAS r� as Highway Department 393 r _ Form D -15 -12 (Partial Taking) Page 1 of 6 Rev. 3 -62 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS COUNTY OF names WHEREAS, the State Highway Commission.has been authorized under House Bill 179, Acts of the 55th Legislature, Regular Session, 1957 (Article 6674w -1, at seq., Vernon's Annotated Civil Statutes of Texas) to purchase land and such other property rights deemed necessary for the purposes of,facilitating the construction, maintenance and operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed necessary by the State Highway Commission for the purposes of facilitating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, zao CCTV nc CMptM rUn3n7j, R aua rIPAI rrnarnprirz +y� en7,eto - . +0 i�t'+0U3N b - °a!-the CoUnty -of-liuecesj- State-of -ftaej- herdrraft,r-referred to U• offg— �iehethe�,Lone de ctr. mare, tar and in co dQratior- ot� Pif -y,per -teat -�SQt) re inl raetent.ra, ,10.t or`" a. C� �ici 'T�rouEa�:,1Y�•ii�nsdxpd il°i�t7 _*pd $1,250 *00) Dollars for here�naf'ter described property under termq ,*f contraotj- to`;W ntgrs; in'hexxi,pa tt r?�9 } f�4t�4 1? 1'�e- �ealneg, !!e`e6i6i or c � � �h�k'� sold ,;;,ar�,�by;�t�ese��rren��,c�o rant,- Bargai�a- and Opnvey ;.�atq:�iht f,.� �T�mtTC, +��►ti' aP?'G+� � or_,para,� of lw� �.p xLeCc�R Z;ouatyyA�i a: ���iT lr' a; .i°!°A`4,R?�?�?�?+T_:4s�a�_ib`d by metes s�id_bau__ad! 9la_+tb]J.otsOs !o rfitt F =rticu- lerly dcsrrit_: as follows, to wit: �u ftft as ixli't M of Ut 39s Mock loo topall snot ftZboda t► M9 Tames Tb* '2, an adittlon to the City of Corpus Chrletli M=es CoUntys 'tows bed amore AMY dc=rlbed tgr map or 94 of record In Y'olum As Fate 26, Lap t000ide p UU60 s Coantys Term cald portIM hwoln aonvoW baUa mars particulsr7,y do3orlbod by mots, 40d brands ss t'o]lMs t:G=ZG ab a polo* In the ft t emet WM647 of lot fbIrtys-aina E991e Mock FifteM iced (7.500), Day Tanvom Do. 2, being a7+eo In tb6 propoaod WdK* � =7 t of 2&w of MAte ''.206, Mbewe the moat ZvA er7y oorner of Bald %t Tbirty -a no (39) bows 8. 58a 381 59" Woo 43•74 fa&I TIC =* WAM cdd F%Vud lfesb r1rbt of ity Mes 84, V 02a 2V E., 52.34 fam '1=Vlo 6. W W Me X., 25.07 ,toot to the OoOheaet botmdasy of paid lot ThUty dins (39); Form D -15 -12 (Partial Taking) Page 2 of 6 Bev. 3 -62 TM=, slang said ftuthsast botmdat7, 8. 58. 38« 59" W.s 0,93 teat to the puce of �• -ANN , AdIk j IRV r arm D -15 -12 (Partial Taking) 1' Page 3 of 6 Rev. 3 -62 SAVE and EXCEPT, HOWEVER, it is expressly'understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: IIM* Grantors covenant and agr remove the by , 1 as may be granted by the State in writing refuse to remove same within said period consideration, the title to all or any pa pass to and vest in the State of Texas fo ove described improvements from said land ject, however, to such extensions of time d if, for any reason, Grantors fail or tim escribed, then, without any further of such improvements not so removed shall Form D -15 -12 (Partial Taking) Page 4 of 6T Rev. 3 -62 ' Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part shall be and forever remain subject to the.same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and /or (B) herein - below; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Accesa Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to the points identified under Paragraph (B) hereinbelow: (A) Access will be permitted to and from Grantor's remaining property along the highway right of way line between the following points: teem VL, W V=fttiod A dpi. p ftoo (B) Access will be denied to and from Grantor's remaining property along the highway right of way line between the following points: UOMO Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reserva- tion shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. F, Form D -15 -12 (Partial Taking .V :.Pdge, 5 of 6 Rev. 3 -62 TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the 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 construed as a limita- tion of any type on the fee simple title conveyed by this instrument. IN WITNESS WHEREOF, this instrument is executed on this the day of JUN 19 —63 —• ATTEST: CITY OF C0RPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM: 6 -19 -64 BY: HERBERT W. WHITNEY CITY MANAGER SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of - -- - - -- --------------- -•- Before me, - - - -- -- - -- ---------------- - ---- -- this day personally appeared ------ _ ----------------------- _____ a notary public in and for said County and State, on known to me (or proved to me on the oath of --- —_-__ ----------- _____.___________________, a credible witness) to be the person _____ whose name ____ —__— __subscribed to the foregoing instrument and acknowledged to me that ---- he---- executed the same forthe purposes and consideration therein expressed. Given under my hand and seal of office, this the - -____ day of _ 19 .— Notary Public in and for ----------------------------------------- _ --- _---- County, Texas. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ) 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 to me on the oath of 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 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 Notary Public in and for — _____— __— _— _ —.__. County, Texas. Form D -15 -12 (Partial Taking) Page 6 of 6 Rev. 3 -62 CORPORATION ACKNOWLEDGMENT STATE OF TEXAS 1 County of - - M %----- --- - - ---- BEFORE ME, the undersigned authority, a notary public in and for ---- ._._ ItwsrC4_____.__- _- _._._.. County, Texas, on this day personally appeared_..__. _ Ajj' UAIIA'SER of tom_I —Y_i _�iMy_CH X151 1 y _71 xA� known to me to be the person •ndmfficevYwhose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said__GlTk..i1p_SQF k119 111- 1- !*1tLJt!lfiSf corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the ................day of_____________ 54 _ ----- __-- _- _....___.__, Notary Public in and for --- _ --------- iti' itrtSfd --- — ------ __ ________ ____ _ __ ____ ------- County, Texas. a iw i m iu° N H iC I i Q V 1 y I I d i J. .G � f f. a H i I o m r! o W x z I A w ' F U r w a E" d m ro F ! u { 4 ❑ m Q 0 14 i +> a 5 u E� w o U U ENDORSEMENTS THE STATE OF TEXAS, County of ------- -- --- - --- -- - -- - -- I, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the _____.___ day of __ _.. __________A. D. with its authentication, was filed for record in my office on the ._ -__- ___day of___________...___, A. D. 19_- at.__-_— ___o'clock __.._M., 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. By - - - -- — =- — — Deputy. v � V CORPUS CHRISTI, 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 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 COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD / JAMES H. YOUNG v JACK R. BLACKMON JOSE R. DELEON t� , M. P. MALDONADO W. J. ROBERTS t� W. H. WALLACE, JR., THE ABOVE ORDINANCE WAS PASSED BY THE FOL*GV�TE: • JAMES L. BARNARD JAMES H. YOUNG V s JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO ✓� W. J. ROBERTS 1/ W. H. WALLACE, JR.