HomeMy WebLinkAbout08453 ORD - 05/10/19675/8/67:E
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND
DELIVER A WARRANTY DEED TO THE STATE OF TEXAS, ACTING
BY AND THROUGH THE TEXAS HIGHWAY DEPARTMENT, CONVEYING
PARCELS 20 AND 21, BEING PORTIONS OUT OF BLOCK 21 OF
THE J. C. RUSSELL FARM BLOCKS AS SHOWN BY MAP THEREOF
RECORDED IN VOLUME 3, PAGE 53, MAP RECORDS OF NUECES COUNTY,
TEXAS, FOR AND IN CONSIDERATION OF THE SUM OF $77,760.00,
SAID PARCELS TO BE USED FOR WIDENING AND CONSTRUCTING OE
STATE HIGHWAY 44, A COPY OF SAID WARRANTY DEED BEING
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. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE AND DELIVER FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, A WARRANTY DEED CONVEYING TO THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS HIGHWAY DEPARTMENT, OF STATE HIGHWAY NO. 44 WIDENING p,,
PROJECT, PARCEL 20, CONSISTING OF 2.015 ACRES OF LAND OUT OF THE NORTH 480
FEET OF BLOCK 21 OF THE J. C. RUSSELL FARM BLOCKS; AND PARCEL 21, CONSISTING
OF 35.834 ACRES OF LAND OUT OF THE NORTH 48O FEET OF BLOCK 21 OF THE J. C.
RUSSELL FARM BLOCKS, THE NORTH 480 FEET OF BLOCK 22 OF THE J. C. RUSSELL
FARM BLOCKS, THE NORTH 480 FEET OF BLOCK 23 OF THE J. C. RUSSELL FARM BLOCKS,
ALL OF SAID BLOCKS AS SHOWN BY MAP OF SAID J. C. RUSSELL FARM BLOCKS RECORDED
IN VOLUME 3, PAGE 53, MAP RECORDS OF NUECES COUNTY, TEXAS, AND OUT OF THE
NORTHERN PORTION OF A 388.60 ACRE TRACT OF LAND CONVEYED BY RAND MORGAN TO
THE CITY OF CORPUS CHRISTI BY DEED RECORDED IN VOLUME 788, PAGE 532, OF THE
NUECES COUNTY DEED RECORDS, FOR AND IN CONSIDERATION OF THE SUM OF $77,76O.Oo,
SAID PARCELS TO BE USED FOR WIDENING AND CONSTRUCTING STATE HIGHWAY 44, A
COPY OF SAID WARRANTY DEED BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE FACT THAT IT IS TO THE BEST INTEREST OF THE CITY
OF CORPUS CHRISTI TO CONVEY SAID PROPERTY FOR THE CONSIDERATION EXPRESSED,
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 DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF
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a'
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 ;�2 DAY
OF MAY, 1967.
ATTEST:
/7? V//7"
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CirT SECRE A
APPROVED AS TO LEGAL FORM S
_ 111. DAY OF„ MAY, 1967:
CITY ATTORNEY
MAY
HE CITY OF CORPUS CHRISTI, TEXAS
1
ghwzay Depprtwc - - - ; ?arcs] s 20 ar3 21
F -15 -12 (�artial Taking) j
Page 1 of 6
Rev. 3 -62.
DEED -
CONTROLLED ACCESS HIGHWAY FACILITY
THE STATE OF TEXAS•:
COUNTY OF NUECES
{dHEREA3 the State Highway Commission.has been authorized under House Bill 179, Acts
of the 55th Legislature, Regular Session, 1as (Article such of seq., ert rights
Annotated Civil Statute; purposes) ofofacilitatingnthenconatruction ,pmaintenance and
deemed necessary and,
operation of Controlled Access Highwaye;
WHEREAS..the purchase of the has been deemed necessary
hereinafter described premises
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 a Yunicinal Corporation acting
herein by and through its City Vans er Herbert d, Ihitne�
JJ J P?ueces , State-of-Texas , hereinafter referred to as Grantors,
of the County SEVENTY -SEVEN THOUSAND
whether-one or more, for and in consideration of the. sum of )-Dollars, to Grantors
SEVEN HUNDRED SIXTY and N0 1100 - - - - �$��-
in hand paid by-the State of Texas, acting by and through the State Highway Commission,
receipt of which is hereby acknowledged, aandfb these presentsidorGrantedBargainr
expressed or implied, have this day. Sold, Y -parcel of land lying
State ofJTexae,'more particu --
Sell and Convey unto the State of Texas, all that certain tract or
and being situated in the County of P ?ueces
larly described as follows, to sit:-
Parce 20:
l
Being 2.015 acres of land out of the North the0reof feet
reco 3ed Block
in2Volume the
3
3: C. Russ611•Farm Blpcks as shown by P more
Page-53, trap Records of-Nueces County, Texas, said 2.015 acres being
particularly described by metes and bounds as follows:
BEGINNING at the•point of intersection of the east line ofsand pointcliesoIT. 1 and
the proposed south right -of -way line of State Highway 44;
19' 56" ''r•, 7,44461 feet from.an iron pin in the north line of Kosar Road end the
east line of original Block 21, J. 0. Russell Farm Blocks;
THENC N. O1° 19' S6" :I., 257.99 feet, with and along the east line of said origins
l
Block 21'and the east line of the subject property; to a point in the existing
south-right-of-way line.of State Eighway 4 for the northeast corner,hereo,.,_
(see reverse)
Forr 5 -12. (Partial Taking)
Pag 6
Rev. -62
THENCE S. 880 35' 48" . , 265.58 feet, with and along the existing south right -of-
way line of State Highway 44, to the point of intersection of the existing south
right -of -way line of State Highway /4 and the existing east right -of -way line.of
FM 763; - - '
THENCE -S. 430'351•22" .d.; 105.43 feet, faith and along the existing east.,right -of -'
way line of FN'76 -, to a.point; -. , •
THENCE S. 010 -19' 56" E., 258.53 feet, with and along the existing east right -of-
way line of r3i 763, to a point in the proposed south right- of-wray line of State
Highway- 44,-for the most southerly soutteest corner hereof; said point lies N.
010 19' 56" r1., 7,364.21 feet*froO- the north line of_what is ]mown locally as
Kosar Road;--_
THENCE N. "430 35' 46" -E., 106.20 feet, with and along the proposed south right -of-
way line of State Highway 44, to a point for an inside corner hereof;
THENCE N. 880 35' 46" E., 265.030 thet,hanndPalongOthe oroposed south right -of-
way line o State Highway 44, point
Parcel 21: - -- - -- _
Being 35.834 acres of land out of the following tracts of land: The North
480 feet of Block 21 of the J. C. Russell Farm Blocks, the North 480 feet
of Block 22 of the J. C. Russell Farm Blocks, the North 480 feet of Block
of said
23 of the J. C. Russell Farm Blocks, all of said blocks as shown by map
J. C. Russell Farm Blocks recorded in Volure 3, page 53, Map Records, Nueces
- County, Texas, and out of the Northern portion of a 388.60 acre tract of land
- conveyed by Rand Morgan to the City of Corpus Christi by-deed recorded in Volume
788, Page 532 of the Nueces County Deed Records out of Survey 315, G.C. and S.F.
land script 3709, Abstract 818 for Nueces County and Survey 592, Abstract 1014 for
Nueces County "all �of aforesaid land being "a portion of Corpus Christi International
Airport, said 35.834 acres of land being more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the proposed south right -of -way line of
State Highway 44 with the common line between original Blocks 22 and 23 of the
orginal 5611 Russell 73 feetkfrom the common said s inside original
Blocks 22 and 23;
THENCE N. 880 35' 46" E., 1,445.64 feet, with and along the proposed south right -
of -way line of State Highway 44 to a point;
THENCE South 850 50' 06" East, 401.90 feet to a point;
THENCE South 800 15' 58" East, 201.90 feet to a point;
THENCE North 880 35' 46" East, 963.76 feet to a point;
THENCE South 460 24' 14" East, 105.93 feet, with and along the proposed south
right of way line of State Highway 44, to a point in the existing west right of way
line of R4 763;
(see attached) -
reel 21 continued:
THENCE N. 010 19' 56" ST., 258.26 feet, with and along the existing west right of
way line of FY 763, to a point;
THENCE N. 460 271 45" d.9 93.64 feet, with and along the existing west right of
way line of W, 7.63, to a point in the existing south right of way line of State
Highway 44;
THENCE S. 800 15' 0811 W., 145.47 feet, with and along the existing south right of
way line of State Highway 44 to a point;
THENCE S. 880 35' 19" W., 1,109.70 feet, to the point of intersection of the existing
south right of way line of State Highway 44 with the original east line of J. C.
Russell Farm Block 22 being also the northeast corner of a 30.0 foot by 30.0 foot
tract of land owned by Southwestern Bell Telephone Company;
THENCE S. 010 19' 56t1 E•, 30.0 feet, with and along the common line between original
Blocks 21 and 22, to a point for an inside corner hereof;
THENCE S. 880 35' 1911 W., 30.0 feet, with and along the south line of said South-
western Bell Telephone Company tract, to a point;
THENCE N. 010 191 5611 :T., 30.0 feet, with and along the west line of said Southwestern
Bell Telephone tract, to a point in the existing south right of way line of State
Highway 44;
THENCE S. 880 35' 1911 W., 122.14 feet, with and along the existing south right of way
line of State Highway 44 to a point;
THENCE N. 820 501 1311 W., 202.18 feet to a point;
THENCE S. 880 351 2811 W., 1,370.99 feet, with and along the existing south right
of way line of State Highway 44, to a point; -
THENCS•3. 880 381 3311 W., 266.78 feet to-a point;
THENCE S. 880 361 1211 :d., 2,393.30 feet, with and along the existing south right
of way line of State Highway 44 to a point;
THENCE S. 880 35' 10" w., 2,659.42 feet, with and along the existing south right
of way line of State Highway 44, to a point for the northwa st corner hereof;
THENCE S. 010 19' 5611 E., 180.24 feet to a point for the southwest corner hereof;
THENCE N. 880 35' 4611 E., 5,280.06 feet to the point and PLACE of BEGINNING.
W
Pa of 6 »`
Re i2•
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:
cn *-
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.
Fogs ;? kPartial iaiing) .. __.
Pagc 6
Rev. /
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 6f 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 Paragraph (B) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
To the South remainders abuttin.g the Highway facility.
(B) Access to and from Grantor's remaining property will be denied:
Access will not be denied.
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.
c
Paz ,f• 6
Rev. �0 -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
19 The City of Corpus Christi, a
Miunicipal Corporation
Attest:
By* Herbert d. :hitney, City Nanager
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS —)
County of
Before me, notary public in and for said County and State, on
this day personally appeared .___— ____- __— __- _ -_ —�- -- - - - - -- —
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
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the --- day of — 19 —
Notary Public in and for ---------- _ ------ _ ----- ___
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, l
County of
County, Texas.
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. '
Fc -5 -12 (Partial Taking) 4
Pag_ _ of 6 CORPORATION ACKNOWLEDGMENT
Rev. 3 -62
STATE OF TEXAS
County of ___ Nieces _— _---- ---- ,—= --- --- - - - - -- -
BEFORE ME, the undersigned authority, a notary public in and for-__ Nieces — _- ___ ---- _ ------- County,
Texas, on this day personally appeared_ Herbert- :_'- ,_;hitney,— Cit_v_A: anger_ _._— __- ------------------------
of The CitZo° Corpus_ Christi �_a_T'3111uo�vini$ m °�o1�e' the person
and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same
unicin •I f�•or -orat` _
was the act of the said The__City of __Cg1'oss -_ hrj sti ,_e ___.___, a �brpora' i6n d arthat 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 sea] of office, this the _.__________.day of - - - -- -- - - - - -, 19 - -.
z
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- - ---.-- --_ -- •-_ - -•-- - __._ _. _ - ENDORSEMENTS " -' -- ----
THE STATE OF. TEXAS,
County of __ - - ---
1 — _— _ ___ _____________ —_.., 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 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.
. Rr
Notary Public in and for__----------
Niece s
-
--
_ -
-- County, Texas.
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- - ---.-- --_ -- •-_ - -•-- - __._ _. _ - ENDORSEMENTS " -' -- ----
THE STATE OF. TEXAS,
County of __ - - ---
1 — _— _ ___ _____________ —_.., 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 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.
. Rr
0 _
CORPUS CHRISTIl TEXAS
/ 7
/ C DAY OF 1 %L'
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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
P.E
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, >
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
n.0[/ri•
Y R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLA CKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANT `__X�r�
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN McDANIEL
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY JR.
J. A. "JACK" GRANT
F. JIMENEZ, JR., Ihi. D.
GABE LOZANO, SR.
KEN MCDANIEL