HomeMy WebLinkAbout09302 ORD - 03/26/19691615: JKH,:3 -26 -69
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT
AGREEMENT WITH MAY DOUGHERTY CARR CONCERNING THE LOCATION
OF RIGHT OF WAY OF OCEAN DRIVE ABUTTING BLOCK 14, COLE
PLACE ADDITION, TO THE EFFECT THAT SAID OCEAN DRIVE RIGHT
OF WAY WILL BE RECOGNIZED AS BEING SO FEET IN WIDTH AT
SAID LOCATION BY THE PROPERTY OWNER FURNISHING A SUFFICI-
ENT RIGHT OF WAY ON THE WEST SIDE OF PRESENT OCEAN DRIVE
TO COMPENSATE FOR THE RECOGNITION BY THE CITY OF AN AREA
ON THE EAST SIDE OF THE RIGHT OF WAY OF OCEAN DRIVE AND
PERMITTING THE CONTINUED EXISTENCE OF THE BOUNDARY WALL
NOW LOCATED ON SAID AREA RECOGNIZED AS BEING EAST OF THE
RIGHT OF WAY AS AGREED UPON, AND PERMITTING THE EXTENSION
OF SUCH WALL TO THE NORTHWEST; AUTHORIZING THE ACQUISI-
TION BY THE CITY OF A DRAINAGE EASEMENT ACROSS LOT 1,
BLOCK 4, COLE PLACE ADDITION TO THE CITY OF CORPUS CHRISTI,
TEXAS, 10 FEET IN WIDTH, ALONG TFE NORTHWEST SIDE OF SAID
LOT, FOR THE AGREED SUM OF $1150; AUTHORIZING THE ACQUISI-
TION OF LOTS 11+ -A AND 15 -A, BLOCK 10, SOUTH SHORE ESTATES,
UNIT I, FOR THE SUM OF $17,000; APPROPRIATING THE SUM OF
$17,450 OUT OF NO. 220 STREET BOND FUND FOR THE AFORESAID
ACQUISITION; AUTHORIZING DISCONTINUANCE OF THE EMINENT
DOMAIN PROCEEDINGS HERETOFORE AUTHORIZED BY ORDINANCE NO.
9102; AUTHORIZING SETTLEMENT BETWEEN THE CITY AND MRS. MAY
DOUGHERTY CARR CONCERNING PAVING IMPROVEMENT ASSESSMENTS
AND RELATED MATTERS; 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
TO ENTER INTO A SETTLEMENT AGREEMENT WITH MAY DOUGHERTY
1' CARR CONCERNING THE
4
LOCATION OF RIGHT OF WAY OF OCEAN DRIVE ABUTTING BLOCK , COLE PLACE ADDI-
TION, TO THE EFFECT THAT SAID OCEAN DRIVE RIGHT OF WAY WILL BE RECOGNIZED
AS BEING 80 FEET IN WIDTH AT SAID LOCATION,BY THE PROPERTY OWNER FURNISHING
A SUFFICIENT RIGHT OF WAY ON THE WEST SIDE OF PRESENT OCEAN DRIVE TO COMPEN-
SATE FOR THE RECOGNITION BY THE CITY OF AN AREA ON THE EAST SIDE OF THE
RIGHT OF WAY OF OCEAN DRIVE, AND PERMITTING THE CONTINUED EXISTENCE OF THE
BOUNDARY WALL NOW LOCATED ON SAID AREA RECOGNIZED AS BEING EAST OF THE
RIGHT OF WAY AS AGREED UPON, AND PERMITTING THE EXTENSION OF SUCH WALL
TO THE NORTHWEST, ALL AS MORE FULLY SET FORTH IN THE SETTLEMENT AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
9302
SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
TO ACQUIRE FOR THE CITY A DRAINAGE EASEMENT ACROSS LOT 1, BLOCK 4, COLE PLACE
ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, 10 FEET IN WIDTH, ALONG THE
NORTHWEST SIDE OF SAID LOT, FOR THE AGREED SUM OF 50.00.
SECTION 3. AUTHORIZATION IS HEREBY GIVEN FOR THE ACQUISITION OF
LOTS 14A AND 15A, BLOCK 10, SOUTH SHORE ESTATES, UNIT 1, FOR THE SUM OF
$17,000.DO.
SECTION 4. THERE IS HEREBY APPROPRIATED OUT OF ND. 220 STREET
BOND FUND THE SUM OF $17,450.00 FOR THE ACQUISITION OF THE AFORESAID PARCELS
OR TRACTS OF LAND.
SECTION 5. AUTHORIZATION IS HEREBY GIVEN TO DISCONTINUE THE
EMINENT DOMAIN PROCEEDINGS HERETOFORE AUTHORIZED BY ORDINANCE NO. 9102.
SECTION 6. SETTLEMENT IS HEREBY AUTHORIZED BETWEEN THE CITY OF
CORPUS CHRISTI AND MRS. MAY DOUGHERTY CARR CONCERNING PAVING IMPROVEMENT
ASSESSMENTS AND RELATED MATTERS.
SECTION 7. THE NECESSITY FOR PROCEEDING WITH THE IMPROVEMENT
OF OCEAN DRIVE IN ACCORDANCE WITH THE CONTRACT NOW BEING PERFORMED BY THE
PAVING CONTRACTOR FOR THE IMPROVEMENT OF OCEAN DRIVE, UNIT 11, EXTENDING
FROM HEWIT DRIVE TO AIRLINE ROAD, CREATES A PUBLIC EMERGENCY AND IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET-
INGS 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 MARCH, 1969.
ATTEST:
CITY ECRETARY V�
YOR
APPROVED: MA THE ITY OF CORPUS CHRISTI, TEXAS
DAY OF RCH, 1969:
CITY ATTORNEY
•
THE STATE OF TEAS a
COUNTY OF NUECES
OCEAN DRIVE BOUNDARY A=R 4WT
Prior to commencing the construction work on Ocean Drive improvements
adjacent to the hereinafter described Ocean Drive Boundary Line, the parties to
this agreement have executed this instrument for the purposee.of defining the
boundary of Oceea,Drive,. eliminating disputes and settling controversies that
have arisen as to the location of such boundary:
KNOW ALL MEN,.BY THESE PRESENTS that for and in consideration of the con-
veyance by May Dougherty Carr to the City of Corpus Christi certain eesements,
rights -of -way and property in the vicinity of Ocean Drive end other good end
valuable consideration, the City of Corpus Christi acting by and through its
duly authorized representative does hereby Grant, Sell and Convey unto May
Dougherty Carr, her successors and assigns, all of the right, title and interest
of the City of Corpus Christi in and to the following described property, (herein-
after called "Tract No. 1 ") being a portion of the street right -of -wag adjacent to
Ocean Drive, to -wit
TRACT NO. 1
Being a strip of land out of the Ocean Drive right -of -way adjacent
to and Southwest of Lot 1, Block 4, Cole Place as shown by Map of
record in Volume 11, page 57, Nueces County, Texas, Map Records,
said strip of land being more particularly described by metes end
bounds as follows
BEGINNING at the Northwest corner of said Lot 1, said
Point being on the old Northeast right- of -wey line of
Ocean Drive for the Northeast corner and place of be-
ginning of the tract herein described;
THENCE, South 32° 17' 30" Eaat, with the Southwest
boundary line of said Lot 1, a distance of 196.04
feet to the Southwest corner of said Lot i, for a
corner of the tract;
THENCE, South 53° 53' West, with the extension of
the Southeast boundary line of said Lot 1, a distance
of 10.0 feet to a point in the hereinafter described
Ocean Drive Boundary Line, for the Southwest corner
of this tract;
THENCE, North 300 42' 32" West, with the said Ocean
Drive Boundary. Line a distance of 196.00 feet to a
point for the Northwest corner of this tract;
THENCE, North_ 58° 53' East, u distance of 4.59 feet
to the place of beginning.
J
Y.
•
TO HAVE AM TO SOLD, all and singular the rights and privileges thereto in
anywise belonging unto said May Dougherty Carr, her successors and assigns.
For the consideration recited above, the assignments and agreements contained
herein, and other good and valuable consideration, the parties hereto mutually agree
that the following described line (herein called "Ocean Drive Boundary Line ") con-
stitutes the' boundary between the Ocean Drive right- of -vay and properties East or
Northeast of said Ocean Drive right -of -way, contiguous to said line and owned by
May Dougherty Carr, to -wit:
OCEAN DRIVE BOUNDARY LINE
BEGMIRG at the Northwest corner, of the above described Tract No. 1 at
a point which bears South 58° 53' West a distance of 4.59 feet from the
Northwest corner of Lot 1, Block 4, Cole Place as shown by map or plat
thereof recorded in Volume 11, page 57 of the 'Map Records of Nueces
County, Texas, for the most Northerly point on the herein described
boundary line;
TMCE, South, 300 42' 32" East with the West boundary of the above
described Tract No. 1 at 196.00 feet cross the Southwest corner of
said Tract No. 1 and continuing in all 238.94 feet to a point;
THENCE, in a Southerly direction with the arc of a circular curvy to
the left having a radius of 3779.83 feet and a central angle of 4°
43' 16 ", a distance of 311.46 feet to a point, sold point being the
most Southerly point on the herein described boundary line and being
a point on the Southeast boundary line, or Southwesterly extension
thereof, of that certain tract of land conveyed to May Dougherty
Carr <by deed recorded in Volume 933, page 233 of the Deed Records of
Nueces County, Texas.
For the same consideration, May Dougherty Carr does hereby Grant, Sell and
Convey unto the City of Corpus Christi, Nueces.County, Terns, a municipal corpora -.
tion duly incorporated under and by virtue of the lairs of the 'State of Texas, its
successors, legal representatives and assigns, the free and uninterrupted use,
liberty, privilege and easement of going in, on, over, under and across any prop-
erty owned by May Dougherty Carr which is located on the east or northeast side
of the Ocean Drive right -of -way, contiguous to and located west or southwest of
the above described Ocean Drive Boundary Line, together with the free ingress,
egress and regress to and for the City of Corpus Christi, for the purpose of con-
structing streets, Sidewalks, curbs, gutters and appurtenances upon such property,
for the public use by foot, with automobiles, carts, carriages, and all other
vehicles and other means of transportation necessary or convenient at all times
and in all seasons in, across and upon the said tract and way, as well as for
laying, repairing, servicing and maintaining public utility lines and storm
sewers In, on, over, under and across said tract or way.q.
t
TO HAVE AND TO HOLD, all and singular the rights and privileges aforesaid
to the City of Corpus Chrieti,.its successors and legal representatives and the
public, for the proper use as a public street and utility easement or,utility
easements for sollong as used for such purposes or any of them, and if ,the use
for said tract and way for all of said uses be, ever abandoned, then in that
event, the aforesaid rights and privileges shall cease; and all - rights herein
granted shall revert to May Dougherty Carr, her heirs or assigns.
For the consideration set out above, the City of Corpus Christi, Nueces
County, Texas, acting by and through its duly authorized representative, does
hereby Grant, -Sell and Convey, all., of its right, title and interest in and to
all property located east, or northeast of the above described Ocean Drive
Boundary Line,'Save and Except that certain Storm 0ewer Easement conveyed by
May Dougherty Carr to the City of Corpus Christi by instrument of even date
herewith;
TO HAVE AND TO HOLD, the same, together with all and singular the rights
and appurtenances thereto in anywise belonging,.unto•the said May Dougherty Carr,
her successors and assigns forever.
EXECUTED this _ day of , 1969.
CITY OF CORPUS CHRIBTI
By
Flay Dougherty Carr
THE STATE.OF TEXAS a
COUM OF NUECFB Q
BEFORE ME, the undersigned authority,.on this day personally appeared May Dougherty
Carr, known to me_ to be the person whose new Is subscribed to the foregoing instrument
and acknowledged to me that ehe executed the same for the purposes and consideration
therein expressed. ;
GIM t>NDER MY HAND- AND-SEAL OF OFFICE this the _ Fay of , 1969
Notary Public in. and for Nueees County, Texas
.3-
TEE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
lmown to me to be the person whose name is
subscribed to the foregoing instrument as of
the City of Corpus Christi, a municipal corporation, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed,
in the capacity stated, and as the act and deed of said municipal corporation.
GIVEN UNDER MY HAND A1-JD SEAL OF OFFICE this the _ day of , 1969.
Notary Public in and for Nueces County, Texas
-4-
March 27, 1969
CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR
THE CONTRACTS AGREEMENTS OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN
THE ABOVE AND FOREGOING ORDINANCCIS IN THE TREASURY OF THE CITY OF
CORPUS CHRISTI TO THE CREDIT OF N0. 220 Street Bond
Project No. 220 -67 -97 $17,450.00
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
r
DIRECTOR OF 7 CE
W
CORPUS CHRISTI,, TEXAS
• oV� '�.� DAY OF
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 OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FO///L;;;LOWING VOTE:
JACK R. BLACKMON
BONNIE $IZEMORE
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
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL i
W.' J. "WRANGLER" ROBERTS