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HomeMy WebLinkAbout08548 ORD - 08/02/1967TDM:vMP:5 /1/67 NG AN. ORDINANCE FTRING DALTON ET VIR, DATED NOVEMBER 17, 1947, OF RECORD IN VOLUME 382, PAGE 572, DEED RECORDS, NUECES COUNTY, TEXAS; REJECTING THE REMAINDER OF THE LAND OFFERED FOR DEDICATION IN INSTRUMENT DATED DECEMBER 15 1 1, OF RECORD IN VOLUME 389, PAGE 49, DEED RECORDS, NUECES COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INSTRUMENT ACCEPTING A PORTION OF THE LAND OFFERED BY THE FOREGOING INSTRUMENT FOR PUB- LIC ROAD PURPOSES AND REJECTING THE REMAINDER OF THE LAND SO OFFERED; AND DECLARING AN EMERGENCY. WHEREAS, BY INSTRUMENT DATED DECEMBER 15, 1947, OF RECORD IN -VOLUME 389, PAGE 49, DEED RECORDS, NUECES COUNTY, TEXAS, THERE WAS DEDICATED CERTAIN LAND FOR PUBLIC ROAD OR STREET PURPOSES OUT OF LOT 8, SECTION 18, BOHEMIAN COLONY LANDS, ACCORDING TO THE MAP THEREOF IN VOLUME A, PAGE 48, MAP RECORDS, NUECES COUNTY, TEXAS, REFERENCE BEING MADE TO SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF THE LAND SO DEDICATED; AND WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY, IN ORDER TO PROMOTE THE PUBLIC WELFARE AND TO PROVIDE FOR THE ORDERLY DEVELOPMENT OF LAND, AND TO PROVIDE FOR THE EXTENSION OF THE STREET AND ROAD SYSTEM UNDER ITS JURISDICTION, TO ACCEPT A PORTION OF THE PROPERTY DEDICATED FOR STREET PURPOSES IN THE ABOVE - MENTIONED INSTRUMENT, AND TO REJECT THE REMAINDER OF THE LAND SO OFFERED FOR DEDICATION IN SAID INSTRU- MENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. THAT THE CITY OF CORPUS CHRISTI DOES ACCEPT FOR PUBLIC ROAD AND STREET PURPOSES THAT CERTAIN PORTION OF LAND INCLUDED IN THE DESCRIPTION OF THE FOREGOING INSTRUMENT OF DEDICATION AND MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: 11 BEING A RECTANGULAR TRACT OF LAND 50 FEET BY 438.16 FEET OUT OF LOT 8, SECTION 8, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, THE OFFICIAL MAP OF WHICH APPEARS OF RECORD ''O IN VOLUME A. PAGE I , MAP RECORDS, NUECES COUNTY, TEXAS, M I R SAID TRACT ALSO BEING OUT OF THAT CERTAIN 20 -ACRE TRACT OF LAND CONVEYED BY GEORGETTE ETRING DALTON, ET VIR, TO F. F. QUAILE, TRUSTEE, BY DEED DATED NOVEMBER 17, 1947, OF RECORD IN VOLUME 382, PAGE 572, NUECES COUNTY, TEXAS, DEED RECORDS, SAID RECTANGULAR TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8, FOR THE NORTHEAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED, THENCE SOUTH 29° 00' WEST, WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 438.16'TO A POINT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED, THENCE NORTH 61' 30' 30f1 WEST, WITH THE SOUTHWEST BOUNDARY LINE OF SAID 20 -ACRE TRACT, A DISTANCE OF 50.0 FEET TO A POINT FOR.THE SOUTHWEST CORNER OF,THE TRACT HEREIN DESCRIBED, THENCE NORTH 29° 001 EAST, WITH A LINE THAT IS 50 FEET NORTHWEST OF AND PARALLEL TO THE SOUTHEAST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 438.16 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 8 FOR THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED, THENCE SOUTH 610 30° 30° EAST, WITH THE NORTHEAST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 50.0 FEET TO THE PLACE OF BEGINNING; CONTAINING 0.503 ACRES OF LAND, MORE OR LESS. THE REMAINDER OF THE LAND DESCRIBED IN THE INSTRUMENT OF DEDICATION IS HEREBY DETERMINED TO BE UNNECESSARY FOR THE ORDERLY DEVELOPMENT OF THE CITY AND FOR THE CONTINUITY AND EXTENSION OF THE CITY�S STREET SYSTEM, AND 15 ACCORDINGLY REJECTED FOR THE PURPOSES IT WAS CONVEYED. SECTION 2. THAT THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER AN INSTRUMENT WHICH ACCEPTS THAT PORTION OF THE LAND OFFERED FOR DEDICATION BY THE AFORESAID INSTRUMENT, MORE FULLY DESCRIBED HEREINABOVE, AND TO REJECT THE REMAINDER OF THE LAND OFFERED FOR STREET OR ROAD PURPOSES IN SAID INSTRUMENT. THE CITY MANAGER IS FURTHER,HEREBY AUTHORIZED AND DIRECTED TO CAUSE THE FILING OF SUCH INSTRUMENT OF ACCEPTANCE IN THE DEED RECORDS-OF NUECES COUNTY, TEXAS. SECTION 3. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE BETTER SERVED BY THE ACCEPTANCE AND REJECTION OF SAID LAND DESCRIBED HEREINABOVE FOR PUBLIC ROAD AND STREET PURPOSES 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 -2- 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 SUS- PENSION 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, T IS THE afIX - DAY OF MAY, 1967. n ATTEST: MAYOR pio•Tem THE CITY F C P CHRISTI, TEXAS c c YS SECRETARY APPROVED AS TO CE A L FORM THIS -3-3(- DAY OF , 1967: n o ITY ATTORNEY TDM:vMp:5 /2/67 " ACCEPTANCE OF DEDI&TION THE STATE OF TEXAS,, KNOW ALL MEN BY THESE - PRESENTS:' COUNTY OF NUECES WHEREAS, BY INSTRUMENT DATED DECEMBER 15, 1947, RECORDED IN VOLUME 389, PAGE 49, DEED RECORDS, NUECES.COUNTY, TEXAS LEW14 E. MEEKINS, WARR£N B:- PNI - LLIPS, DAV§ ZACK[F,'AND F: F. QUAlLE, TRUSTEE, �,DPD,: DEDICATE CERTAIN LANDS OUT OF LOT 8, ,SECTION 8, OF THE BOHEMIAN COLONY LANDS, FOR PUBLIC.ROAD OR STREET PURPOSES, REFERENCE SEING MADE -TO SAID,INSTRUMENT' FOR A MORE PARTICULAR DESCRIPTION OF THE LAND 56 DEDICATED; AND WHEREAS,.ALL OF SAID LANDS SO DEDICATED IN THE FOREGOING INSTRUe MENT LIE W1TII1IN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; AND , WiEREAS,{. THE CITY OF CORPUS CNRISTI,YDESIRES TO ACCEPT'A PORTION OF THE LAND DESCRIBED IN THE ABOVE - MENTIONED INSTRUMENT AS ,A PUBLIC ROAD, STREET, AND OTHER MUNICIPAL f+URpOgE- EASEMENT, AND TO REJECT THE REMAINDER OF THE LAND OFFERED FOR PUBLIC ROAD PURPOSES BY' SAID INSTRUMENT: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE BENEFITS ACCRUING TO THE ABUTTING PROPERTY AND TO THE PUBLIC AT LARGE, THE CITY OF CORPUS CHRISTI DOES HEREBY ACCEPT AND BY ,THESE PRESENTS DOES ACCEPT THE FOLLOWING DESCRIBED PORTION OF THE LAND OFFERED FOR DEDICATION BY THE ABOVE REFERRED INSTRUMENTS BEING A RECTANGULAR TRACT OF LAND 50 FEET BY 438.16 FEET '- OUT OF LOT 8, SECTION 8, FLOUR BLUFF AND ENCINAL FARM AND ' GARDEN TRACTS, THE OFFICIAL MAP OF WHICH APPEARS OF RECORD IN VOLUME A, PAGE 48, MAP RECoRDs, NUECES COUNTY, TEXAS, SAID TRACT ALSO BEING OUT OF THAT CERTAIN 20-ACRE TRACT OF LAND CONVEYED BY GEORGETTE MING DALTON, ET VIR, TO F. F. QUAILE, TRUSTEE, BY DEED DATED NOVEMBER 17, 1941, OF REC „ORD IN VOLUME 382, PAGE 572, NUECES COUNTY, TEXAS, DEED RECORDS,' _ SAID RECTANGULAR TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ° BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8, FOR THE NORTHEAST AND,BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED, THENCE SOUTH 29° 001 WEST, WITH THE SOUTHEAST SOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 438.16 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED, , THENCE,NORTH 61° 30"30” WEST, WITH THE SOUTHWEST BOUNpARY LINE OF SAID 20 -ACRE TRACT, A DISTANCE OF 50.0 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED, THENCE-NORTH 29. 00' EAST, WITH A LINE THAT IS 50 - FEET NORTHWEST OF AND PARALLEL TO THE SOUTHEAST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 438,16 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 8 FOR THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRtBED, THENCE SOUTH 61" 301 30" EAST, WITH THE NORTHEAST BOUNDARY LINE OF SAID LOT 8, A DISTANCE OF 50.0_ - - FEET TO THE PLACE OF BEGINNING ;, CONTAINING 0`,.,503 ACRES OF LAND, MORE OR LESS. , THE REMAI NDER OF THE LAND - DEDICATED FOR PUBLIC ROAD OR STREET PURPOSES DY'.TNE DEDICATION INSTRUMENT REFERRED TO HEREIN IS HEREBY REJECTED. IN WITNESS WHEREOF THIS INSTRUMENT Is EXECUTED THIS DAY OF MAY, 1967. CITY OF CORPUS CHRISTI ATTEST: Sit HERBERT W.• WHITNEY,,CITY MANAGER CITY SECRETARY ' APPROVED AS TO LEGAL FORM THIS DAY OF MAY, 1967: i THOMAS Di MCDOWELI ASSISTANT CITY ATTORNEY CORPUS CHRISTI, 11TEXAS DAY OF�e�fe =� j9�, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE 5USPEN- 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 RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, 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. ' RESPECTf Y, v • o MAYOR Pto• e THE CITY 6F CO CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON Q RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL v n THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RDNNI E $I ZEh10 RE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. GABE LOZANO, SR, KEN MCDANIEL n s