HomeMy WebLinkAbout08104 ORD - 07/20/19667/19/66:TDM
AN ORDINANCE
ABANDONING A PORTION OF INWOOD PARK, OUT OF LOT 15,
SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN
TRACT, AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND DELIVER A WARRANTY DEED OF A PORTION
OF SAID PARK TO THE STATE OF TEXAS FOR RIGHT OF WAY
FOR THE CONSTRUCTION OF THE CROSSTOWN EXPRESSWAY,
HfGHWAY 2 RELOCATED; SAID ABANDONED PORTION 13EING
MORE PARTICULARLY DESCRIBED IN A COPY OF SAID WARRANTY
DEED WHICH IS ATTACHED HERETO, MARKED EXHIBIT
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IN ORDER TO IMPLEMENT AND EFFECTUATE THE TERMS OF A
RIGHT -OF -WAY PROCUREMENT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
THE STATE OF TEXAS, FOR THE ACQUISITION OF LAND FOR THE ('CROSSTOWN
EXPRESSWAY, STATE 286 RELOCATED, IT IS NECESSARY TO CONVEY .878 ACRES,
MORE OR LESS, OUT OF LOT 15, SECTION D, PAISLEY'S SUBDIVISION OF THE
HOFFMAN TRACT, AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 28, MAP RECORDS
OF NUECES COUNTY, TEXAS; AND
WHEREAS, SAID :878 ACRES,,MORE OR LESS, IS PRESENTLY A PORTION
OF A PUBLIC PARK KNOWN AS INWOOD PARK; AND
WHEREAS, IT IS FOUND AND DETERMINED THAT THE .878 ACRES OUT OF
INWOOD PARK WHICH IS NECESSARY FOR THE CONSTRUCTION OF THE CROSSTOWN
EXPRESSWAY IS NO LONGER NEEDED FOR THE USE OF CITIZENS AS A PUBLIC PARK;
AND
WHEREAS, IT IS FOUND AND DETERMINED THAT $3,625 IS A FAIR PRICE
FOR SAID .878 ACRES OF LAND, 50% OF WHICH IS DUE AND PAYABLE UNDER THE
REIMBURSEMENT PROVISIONS OF THE RIGHT -OF -WAY PROCUREMENT CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT .878 ACRES OF LAND MORE OR LESS OUT OF LOT 15,
SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, AS SHOWN BY MAP OF
RECORD IN VOLUME A, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE ATTACHED COPY OF A WARRANTY DEED WHICH IS
MARKED EXHIBIT "A", BE AND THE SAME IS HEREBY ABANDONED AS A PUBLIC PARK-
8104
SECTION 2. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, IS AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER A
WARRANTY DEED TO THE STATE OF TEEXAS,,,A COPY OF WHICH IS ATTACHED HERETO AND
SHOWN AS 'EXHISITt'Al FOR THE .878 ACRES MORE FULLY DESCRIBED IN SAID EXHIBIT
IN CONSIDERATION OF 50% REIMBURSEMENT OF THE VALUE OF $3,625, PURSUANT
TO THE TERMS AND PROVISIONS OF THE RIGHT-OF -WAY PROCUREMENT CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE,STATE OF TEXAS.
SECTION 3. THAT THE NECESSITY TO CONVEY THE PROPERTY DESCRIBED
ON THE ATTACHED EXHIBIT "A ", FOR THE CONSTRUCTION OF THE CROSSTOWN EXPRESS-
WAY, 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 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 ANDY THAT SUCH ORDINANCE
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF JULY, 1966.
ATTEST: e^
z Y Pra•Tem
C61,XA, pQ�(�i .Q. THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY 44
APPROVED AS TO LEGAL FORM THIS
THE 20Tgj DA-Y.OF ULY, 1966:
CITY ATTORNEY
s Highway Department,
D -15 -12 (Partial Taking)
rage 1 of 6
Rev. 3-62
DEED
CONTROLLED ACCESS HIGHWAY FACILITY
THE STATE OF TEXAS
COUNTY OF NUECES
326-3-13
State Hwy. 286 ..alocatec ,
Parcel No. 475
WHEREAS, the State Highway Commission.has been authorized under House Bill 179, Acts
of the 55th Legislature, Regular Session, 1957 (Article 6674w -1, et 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, The City of Corpus Christi, Texas, a municipal corporation acting
by and through its duly authorized City Manager, Herbert W. Whitney
of the County of Nueces , State of Texas, hereinafter referred to as Grantors,
whether one or more, for and in consideration of the sum of Three Thousand Six
Hundred Twenty Five and No/100 ($3,625.00 ) Dollars, to Grantors
in hand paid by the State of Texas, acting by and through the State Highway Commission,
receipt of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, have this day Sold, and by these presents do Grant, Bargain,
Sell and Convey unto the State of Texas, all that certain tract or parcel of land lying
and being situated in the County of Nueces , State of Texas, more particu-
larly described as follows, to wit:
Being .878 acres of land, more or less, out of Lot 15, Section T'Dn_Paisley's Subdivision
of the Hoffman Tract as shown by map or Flat of said addition of record in Volume A.
Page 28, Nap Records, Nueces County, Texas, said .878 acres being more particularly
described by metes and bounds as follous:L
BEGINNING at a point in the South line of Nansheim Drive, also'being the North boundary
of the City of Corpus Christi 3.149 acre tract, and the proposed West right of way line
of State Highway 286 (relocated), being South 61. 571 25" East, 106.95 feet from the
Northwest corner of said tract;
THENCE South 610 571 25" East, 156.95 rest along said line to a point in the East
boundary of said tract;
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THENCE South 28. 021 351, West, 519.70 feet to a point in the common boundary of the
City of Corpus Christi 3.149 acre tract and the Parkdale Developers, Inc. 0.706 acre tract;
(see reverse)
,,A H1017— A j
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Form D -15 -12 (Partial Taking)
Page 2 of 6
e,
Rev. 3 -62 r „
TwCE xorth 61+ 57" 25" west; 43.69 feet along said croon boun to a point in
the proposed Nest Right -a-7;i lim of Sta. Sighaay 186 (relocstcd );
Tfmxc8 tiorth 29. 17. 56 ",Shat, 44.45 feet along said Sopos*d nest right of dray ;
W"M North 25' 48+ 34" East, 77.66 feet along said proposed Nest right of wW Iine;
'>ih?!'tCS North 23. 39•, 20" Eaht, 136.67 Peat -slant said propasod West right of xr1 line;:
THE2 E•ttarth 11� 20t 53" East, 182.34 feet along ehid proposed West right'of vsy lice;
1flM North 00. 57' 25" West, 99.85 feet along said line to the PLACE OF Bt7fDItID M.
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D -15 -12 (Partial Taking)
3of6
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:
Grantors covenant and agree to remove the above described improvements from said land
by , 19 , subject, however, to such extensions of time
as may be granted by the State in writing; and if, for any reason, Grantors fail or
refuse to remove same within said period of time prescribed, then, without any further
consideration, the title to all or any part of such improvements not so removed shall
pass to and vest in the State of Texas forever.
Form D -15 -12 (Partial Taking)
Page 4 of 6
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 abutters rights, including rights of ingress and egress and the right
of direct access to and from Grantor's remaining property to said Controlled Access
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:
Access permitted between all?Foints
(B) Access will be denied to and from Grantor's remaining property along the
highway right of way line between the following points:
NONE
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.
,t , S
D -15 -12 (Partial Taking
5of6
Rev. 10 -63
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.
IN WITNESS WHEREOF, this instrument is executed on this the day of
JULY 19 66 THE CITY OF , TEXAS --
ATTEST:
BY
EDNA MEADOR, ACTING CITY SECRETARY HERBERT W. WHITNEY
APPROVED AS TO LEGAL FORM 7 =20 -667 CITY MANAGER
CITY ATTORNEY
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS
County of ___N U E _ C E - -S --- --- _ - -- - -- - - - - -� .
c, ,
Before me, _____'________________ _.____- :________________._____, a notary -public in and for said County and'State, on
this day personally appeared _!_____HEf�RT,._�+ hill) 1F�1JY_ MANA _(i!~ft_QE__T1�><_C)TY_Oi_CGRPUS _
CHR 18T I L_LE XAS, _ - •_- _,____ - -., known to me (or proved to me on
the oath of __- --- ________ ______________--- ...... ._ ----------- _, a credible witness) to be the person ___._ whose name
--L$.-------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.
Given under my hand and seal of office, this the ___________ day of . JULY,_-- - -____ 196k• _
Notary Public in and for ......... Nl1 ECg S --- --- -- --- -------------------- 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
Countyof -------------- --- ---- -- --- --- ----------- --- ---- ----------- -_--- - -%
BEFORE ME, the undersigned authority, a notary public in and for --------- _ ----- ..._ ................ ....County,
Texas, on this day personally appeared----------------------------------------------------------------------------------------------------------------
- - - - - -- of - - - -- ------------------- - ----------- --- ----- ---- -_-- known to me to be the person
and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said ---------- _ ---- __-_- ------------------- _-------- _ ----- ___ ---------- .., a 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____.--_ -------- -- ---- _-- _ ---------------- ., 19- ._-------
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THE STATE OF TEXAS,
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,-Notary
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Public in and for ---- _
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THE STATE OF TEXAS,
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- - - - -- County, Texas.
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ENDORSEMENTS
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. 19 ----- __
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 - - - -- - - - - De-
CORPUS CHRISTI, TEXAS
4/) 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,
j YO( _ R Pro. Tam THE CITY OF CORPUS CHRISTI, TEXAS S
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN_
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL /(LD
RONN I E S I ZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE I.wlJ�
DR. P. JIMENEZ, JR.
KEN MCDANIEL
BONNIE $IZEMORE
WM. H. WALLACE'