HomeMy WebLinkAbout09095 ORD - 10/23/1968TEXAS:
AN ORDINANCE
APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE
SUM OF $5800.00 FOR THE ACQUISITION OF PARCEL 22,
APPLICABLE TO PROJECT NO. 220- 61 -50, NORTH STAPLES
STREET, KINNEY AVENUE TO I.H. 37; AUTHORIZING AND
DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT
FOR THE ACQUISITION OF THE HEREINAFTER DESCRIBED
PROPERTY FROM TEXAS MEXICAN RAILWAY COMPANY, OWNER
OF THE SAID PARCEL 22; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF N0. 220 STREET
BOND FUND THE SUM OF $5800.00 FOR THE ACQUISITION OF PARCEL 22, APPLICABLE
TO PROJECT No. 220- 61 -50, NORTH STAPLES, KINNEY AVENUE TO I.H. 371 SAID
PARCEL OF LAND BEING DESCRIBED AS FOLLOWS:
PARCEL NO. 22
A TRACT OF LAND 10 FEET IN WIDTH AND 514.82 FEET IN
LENGTH OUT OF BLOCKS 17 AND 19 OF THE CENTRAL WHARF
AND WAREHOUSE SUBDIVISION AS SHOWN BY MAP OF RECORD
IN VOL. A, PAGE 15, NUECES COUNTY, TEXAS, MAP RECORDS,
ALSO A PORTION OF SAN DIEGO STREET CONVEYED TO THE
TEXAS MEXICAN RAILWAY COMPANY BY QUITCLAIM DEED OF
RECORD IN VOLUME 0, PAGE 245, NUECES COUNTY, TEXAS,
DEED RECORDS. SAID TRACT OF LAND BEING MORE PARTICU-
LARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY LINE OF KINNEY AVENUE AND THE SOUTHERLY EXTENSION
OF THE EAST BOUNDARY LINE OF SAID BLOCK 17, SAID POINT
BEARS S. 9° 00' 10" E., 80 FEET FROM THE SOUTHEAST
CORNER OF SAID BLOCK 17 FOR A CORNER OF THIS TRACT;
THENCE N. 9° 001 10" W., WITH THE WEST RIGHT OF WAY
LINE OF NORTH STAPLES STREET BEING ALSO THE EAST
BOUNDARY LINE OF SAID BLOCK 17, A DISTANCE OF 514.82
FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE
OF NORTH STAPLES STREET AND THE SOUTH RIGHT OF WAY LINE
OF MUSSETT AVENUE FOR A CORNER OF THIS TRACT;
THENCE S. 80° 00' 20" W., WITH THE SOUTH RIGHT OF WAY
LINE OF MUSSETT AVENUE, A DISTANCE OF 10.00 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE S. 9° 00' 10" E., PARALLEL TO AND 101 WEST OF THE
WEST RIGHT OF WAY LINE OF NORTH STAPLES STREET, A DISTANCE
OF 514.82 FEET TO A POINT IN THE NORTH RIGHT -OF -WAY LINE
OF KINNEY AVENUE FOR A CORNER OF THIS TRACT;
THENCE N. 81° OO, 00" E. WITH THE NORTH RIGHT OF WAY LINE
OF KINNEY AVENUE, A DISTANCE OF 10.00 FEET TO THE PLACE OF
BEGINNING.
9095
. L^ .'c
SECTION Z. THAT THE CITY MANAGER BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED A CONTRACT, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, FOR THE ACQUISITION OF THE ABOVE DESCRIBED PARCEL OF
LAND FROM TEXAS MEXICAN RAILWAY COMPANY, OWNER.
SECTION 3. THE NECESSITY TO MAKE APPROPRIATION HEREINABOVE
DESCRIBED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY
INSTRUMENTS FOR THE PURCHASE OF THE ABOVE DESCRIBED PARCEL OF LAND SO THAT
THE PROJECT DESCRIBED MAY CONTINUE WITHOUT DELAY CREATES A PUBLIC EMER-
GENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF
THECHARTER 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, AND HAVING
REQUESTED THE SUSPENSION OF THE 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 OCTOBER, 1968.
ATTEST:
Cl Y $ CR TA
APPROVED:
DAY OF OCTOBER, 1968:
CITY A'T'TORNEY
J�fAY R
THE CITY OF CORPUS CHRISTI, TEXAS
AN AGREEMENT
THE STATE OF TEXAS j
COUNTY OF NUECES [
WHEREAS, THE CITY OF CORPUS CHRISTI 13 DESIROUS OF OBTAINING A
STRIP OF LAND 10 FEET IN WIDTH EXTENDING FROM MUSSETT STREET TO KINNEY
STREET, ALONG THE WESTERN SIDE OF NORTH STAPLES STREET, IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS] AND
WHEREAS; CORPUS CHRISTI BRICK AND LUMBER COMPANY HAS UNDER LEASE
AND IS USING THE PORTION OF SAID 10 -FOOT STRIP EXTENDING SOUTHWARD FROM ,
MUSSETT STREET FOR A DISTANCE OF 150 FEET] AND
WHEREAS, THE PARTIES HERETO HAVE ENTERED INTO AN AGREEMENT FOR
ACQUISITION OF SAID 10 -FOOT WIDE STRIP OF LAND TO THE CITY OF CORPUS
CHRISTI, RELEASING OF THE LEASE BETWEEN THE TEXAS MEXICAN RAILWAY COMPANY
AND CORPUS CHRISTI BRICK AND LUMBER COMPANY OF THE 10-FOOT STRIP UNDER LEASE
TO THE LUMBER COMPANY AND A CONVEYANCE TO THE LUMBER-COMPANY OF A PORTION
OF LOT 4, BLOCK 1, MUSSETT ADDITION AND THE PAYMENT OF $126.00 TO LUMBER
COMPANY FOR RELOCATING ONE CHAIN LINK FENCE AND A CONVEYANCE BY THE RAILWAY
COMPANY OF THE 10 -FOOT STRIP TO THE CITY OF CORPUS CHRISTI UPON THE PAYMENT
of $5,800.00:
NOW, THEREFORE, THE SAID PARTIES HAVE ENTERED INTO THE FOLLOWING
AGREEMENT:
1. CITY OF CORPUS CHRISTI WILL.PAAY TO THE TEXAS MEXICAN RAILWAY
COMPANY, HEREIN CALLED RAILWAY, THE SUN OF $5,800.00 UPON THE DELIVERY OF
A CONVEYANCE TO THE CITY OF THE 10 -FOOT STRIP, 514.82 FEET IN LENGTH, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND 10 FEET IN WIDTH AND 514.82 FEET IN
LENGTH OUT OF BLOCKS 17 AND 19 OF THE CENTRAL WHARF
AND WAREHOUSE SUBDIVISION AS SHOWN BY MAP OF RECORD
IN VOL. A, PAGE 15, NUECES COUNTY, TEXAS, NIAP RECORDS,
ALSO A PORTION OF SAN DIEGO STREET CONVEYED TO THE
TEXAS MEXICAN RAILWAY COMPANY BY QUITCLAIM DEED OF
RECORD IN VOLUME 0, PAGE 22115, NUECES COUNTY, TEXAS,
DEED RECORDS. SAID TRACT OF LAND BEING MORE PARTICU-
LARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY LINE OF KINNEY AVENUE AND THE SOUTHERLY EXTENSION
OF THE EAST BOUNDARY LINE OF SAID BLOCK 17, SAID POINT
SEARS S. 9° OBI 10" E., 80 FEET FROM THE SOUTHEAST
CORNER OF SAID BLOCK 17 FOR A CORNER OF TH13 TRACT]
THENCE N. 9° 001 10" W., WITH THE WEST RIGHT OF WAY
LINE OF NORTH STAPLES STREET BEING ALSO THE EAST
BOUNDARY LINE OF SAID BLOCK 17, A DISTANCE OF 514.82
FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE
OF NORTH STAPLES STREET AND THE SOUTH RIGHT OF WAY LINE
OF WSSETT AVENUE FOR A CORNER OF THIS TRACT;
THENCE S. W° 001 20° W., WITH THE SOUTH RIGHT OF WAY
LINE OF DiUSSETT AVENUE, A DISTANCE OF 10.00 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE S. 9° 001 10 ",E., PARALLEL TO AND 10 FEET WEST
OF THE WEST RIGHT OF WAY LINE OF NORTH STAPLES STREETS +
A DISTANCE OF 514.82 FEET TO A POINT IN THE NORTH
RIGHT OF,WAY LINE OF KINNEY AVENUE FOR A CORNER OF THIS
TRACT;
THENCE N. 811° 00/ 00° E., WITH THE NORTH RIGHT OF WAY
LINE OF KINNEY AVENUE, A DISTANCE OF 10.00 FEET TO THE
PLACE OF BEGINNING.
2. RAILWAY WILL EXECUTE JOINT AND MUTUAL RELEASE TO AND WITH
CORPUS CHRISTI BRICK AND LUMBER COMPANY CONCERNINa THE LEASE OF THAT POR-
TION OF THE 10 -FOOT STRIP NOW UNDER LEASE TO CORPUS CHRISTI BRICK AND
LUMBER COMPANY.
3. CORPUS CHRISTI BRICK AND LUNOER COMPANY WILL UPON PAYMENT
OF 1126.00 BY CITY OF CORPUS CHRISTI AND DELIVERY OF A CONVEYANCE IN THE
FORM OF A SPECIAL WARRANTY DEED TO CORPUS CHRISTI BRICK AND LUMBER COMPANY
OF A PORTION OF LOT 4, BLOCK 1,, WSSETT ADDITION TO THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, HAVING AN AVERAGE WIDTH OF APPROXIMATELY 32
FEET MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT WESTERN PORTION OF LOT 4, BLOCK 1, WSSETT
ADDITION TO THE CITY OF CORPUS CHRISTI NUECES COUNTY,
TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE N. 80° 211 E., ALONG THE SOUTHERN LINE OF SAID
LOT 4, 36.20 FEET TO A POINT; '
THENCE N. 12° 1171 W., 150.23 FEET TO A POINT FOR THE
NORTHEAST CORNER;
THENCE S. W® 211 W., 27.99 FEET TO A POINT FOR THE
NORTHWEST CORNER;
-2-
THENCE ALONG THE BOUNDARY LINE BETWEEN LOTS 3 AND 4
OF SAID BLOCK 1, MIUSSETT ADDITION, 150 FEET TO THE PLACE
OF BEGINNING. • 0,,,,
4. CITY OF CORPUS CHRISTI WILL PAY THE SAID SUM OF $5,8Do.00
TO TEXAS MEXICAN RAILWAY COMPANY UPON DELIVERY OF DEED TO SAID 10 -FOOT
STRIP DESCRIBED IN ITEM 1 ABOVE.
5. THE PARTIES HERETO DESIGNATE STEWART TITLE COMPANY, OF
CORPUS CHRISTI, TEXAS AS ESCROW AGENT, WITH WHOM A COPY OF THIS AGREEMENT
WILL DE DEPOSITED AND AGREE THAT ALL PARTIES WILL MAKE THE PAYMENTS AND
DELIVER THE INSTRUMENTS DESCRIBED HEREIN WITHIN A PERIOD OF �J DAYS FROM
THE DATE HEREOF.
WITNESS OUR HANDS IN TRIPLICATES EACH OF WHICH SHALL BE CON-
SIDERED AN ORIGINAL, THIS THE DAY OF OCTOBER, 1968.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER
APPROVED:
DAY OF OCTOBER, 1968:
CITY ATTORNEY
DIRECTOR OF FINANCE
APPROVED: TEXAS MEXICAN RAILWAY COMPANY
BY
ATTEST: CORPUS CHRISTI BRICK AND
LUMBER COMPANY
By-
-3-
THE STATE OF TEXAS j
COUNTY OF NIECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED , CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE MAME IS SUB-
SCRIBED 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 WIDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
s 1968.
` NOTARY PUBLIC IN AND FOR NUECES
COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF WEBB
BEFORE PIE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED_ , OF THE
TEXAS MEXICAN RAILWAY COMPANY, 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 TEXAS MEXICAN RAILWAY COMPANY
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
1968•
NOTARY PUBLIC IN AND FOR WEBB.:'.
COUNTY, TEXAS
THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON TH13 DAY PERSONALLY
APPEARED , OF THE
CORPUS CHRISTI 13RICK AND LUMBER COMPANY, 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 CORPUS CHRISTI
BRICK AND LUMBER COMPANY, 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 1968.
NOTARY PUBLIC IN AND FOR NUECES
10 -21 -68
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCe IS IN THE TREASURY OF THE CITY OF
CORPUS CHRISTI TO THE CREDIT OF NO. 220 STREET BOND FUND, PRO-J. 220- 61 -50,
PARCEL 22 ($5$00.00)
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
(RECTOR F ANCE
ACCOUNTING
1968 OCT 24 PM 2 14
CORPUS . CHRISTI, TEXAS /'�^�
IZU_ DAY OF � j J CO Q
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 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
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE DR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
zMA
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. 'DICK" BRADLEY, JR.
P. JIMENEZ, JR ., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS ,
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON /
RONNIE SIZEMORE ✓ _-_L !/
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. 1
GABE LO2ANO, SR. �
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS//----b�--