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HomeMy WebLinkAbout10164 ORD - 03/17/1971.4 vMP:3 /15/71 it AN ORDINANCE APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $70 FOR THE ACQUISITION OF RIGHT OF WAY IMPROVEMENTS OF HORNE ROAD, NAPLES TO COLUMBIA, PROJECT NO. 220 -70 -111, OF SAID APPROPRIATION; $45 IS FOR PARCEL NO. � OWNED BY P. J. MACAICNE AND WI FE, DORA P. MAC A I ONE, AND 25 IS FOR PARCEL NO. 4 OWNED BY A.A. GIPSON AND WIFE, HAPPY E. GIPSON; AUTHORIZING THE CITY MANAGER TO ACQUIRE THE AFORESAID PARCELS BY PROPER CONVEY- ANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND FUND THE SUM OF $70 FOR THE ACQUASITION OF RIGHT OF WAY IMPROVEMENTS OF HORNE ROAD, NAPLES TO COLUMBIA, PROJECT N0. 220-,70 -111, OF SAID APPROPRIATION; $45 IS FOR PARCEL NO. 3 OWNED BY P. J.MIACAIONE AND WIFE, DORA P. MACAIONE, AND $25 IS FOR PARCEL N0. 4 OWNED BY A. A. GIPSON AND WIFE, HAPPY E. GIPSON, SAID PARCELS BEING MORE FULLY DESCRIBED AS FOLLOWS: PARCEL NO. 3 BEING,A 2.0 FOOT WIDE STRIP OF LAND OUT OF L0T.16, BLOCK 1, ARCADIA VILLAGE, AS SHOWN BY MAP OF RECORD IN VOLUME 7, PAGE 44, NUECES COUNTY, TEXAS, MAP RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 16, SAID POINT BEING IN THE PRESENT NORTHEAST RIGHT OF WAY LINE OF HORNE ROAD, FOR THE MOST WESTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 61° 07' 35"E., WITH THE NORTH BOUNDARY LINE OF SAID LOT 16, A DISTANCE OF 2.15 FEET TO A POINT FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 50° 30' E., WITH A LINE THAT IS 2.0 FEET NORTHEAST OF AND PARALLEL TO THE PRESENT NORTHEAST RIGHT OF WAY LINE OF THE SAID HORNE ROAD, A DISTANCE OF 76.73 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S. 49° 27' 30" E., A DISTANCE OF 12.48 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 16, FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 390 30' W., WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 16, A DISTANCE OF 1.77 FEET TO A POINT IN THE PRESENT NORTHEAST RIGHT OF WAY LINE OF SAID HORNE ROAD FOR THE MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 50° 30' W., WITH THE PRESENT NORTHEAST RIGHT OF WAY LINE OF SAID HORNE ROAD, A DISTANCE OF 90.0 FEET TO THE POINT OF BEGINNING. CONTAINING 177.8 SQUARE FEET OF LAND MORE OR LESS. I() 163 4 PARCEL N0, 4 BEING A STRIP OF LAND OUT OF LOT 15, BLOCK 1, ARCADIA VILLAGE, AS SHOWN BY MAP OF RECORD IN VOLUME 7, PAGE 114, NUECES COUNTY, TEXAS WAP RECORDS SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT THE MOST WESTERLY CORNER'OF SAID LOT 15, SAID POINT BEING IN THE PRESENT NORTHEAST RIGHT OF WAY • LINE OF HORNE ROAD FOR THE MOST WESTERLY AND BEGINNING , CORNER OF THE TRACT HEREIN DESCRIBED; , THENCE N. 390 301 E., WITH THE NORTHWEST BOUNDARY LINE OF SAID LOT 15, A DISTANCE OF 1.77 FEET TO A POINT FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 490 271 30,1 E., A DISTANCE OF 62.51 FEET TO A POINT IN THE SOUTHEAST-BOUNDARY LINE OF SAID LOT 15, FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 39° 301 W., WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 15, A DISTANCE OF 0.64 FEET TO A POINT IN THE PRESENT NORTHEAST RIGHT OF WAY LINE OF SAID HORNE ROAD FOR THE MOST SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 50° 301 W., WITH THE PRESENT NORTHEAST RIGHT OF WAY LINE OF SAID HORNE ROAD, A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING. CONTAINING 75.3 SQUARE FEET OF LAND MORE OR LESS. SECTION 2. THAT THE CITY MANAGER BED AND HE IS HEREBY AUTHORIZED TO ACQUIRE THE AFORESAID PARCELS FROM THE OWNERS, P.J. MACAIONE AND WIFE, DORA P. MACAICNE (PARCEL NO. 3), AND A. A. GIPSON AND WIFE HAPPY E. GIPSON PARCEL NO. 4), BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY, COPIES OF RIGHT. OF WAY DEEDS MARKED EXHIBIT "A11 AND EXHIBIT "Bn BEING ATTACHED HERETO AND MADE A PART HEREOF. ` SECTION 3. THE NECESSITY TO APPROPRIATE THE SUMS HEREINABOVE DESCRIBED AND THE ACQUISITION OF THE AFORESAID PARCELS 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS 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 -2- 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 / /Yk DAY OF MARCH, 1971 ATTEST: r�CI Y SECRETA APPROVED: ' DAY OF MARCH 1971: -5 y ATTORNEY • Parcel N, R1'01P1' -OF -WAY DEED ABD DIEDICATION STATE OF TEXAS Y I470W ALL I.D",N BY `1hE7E PRESENTS: COUiz9.'Y OF NUIsCES 0 THAT P. J. Macaione and wife, Dora P. Macaione of the County of Piucces, State of Texas, for and in consideration of the sum of FORTY FIVE and No /100 ($45.00) DOLLARS to us in hand paid by the City of Corpus Christi, Nueces County, Texas, and other good and valuable concide: °ations, the receipt of which is hereby acknowledged, have granted and convcyea, and by these presents do grant and convey unto the City of Corpus Chz =isti, i;jeces County, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in,. on, over, under and along a certain tract of land situated in Nueces County, Texas, and being described as follows: Being a 2.0 foot wide strip of land out of Lot 16, Block 1, Arcadia Village, as shown by A:ap of record in Volume 7, Page 44, Nueces County, Texas, Map , Records, said strip of land being more particularly described by metes and bounds as follows: Beginning at the most westerly corner of said Lot 16, said point being in the present northeast right of way line of Horne Road, for the most westerly and beginning corner of the tract herein described; Thence N. 610 07' 35' E., with the north boundary line of said Lot 16, a distance of 2.15 feet to a point for the most northerly corner of the tract herein described; Thence S. 500 30' E., with a line that is 2.0 feet northeast of and parallel to the present northeast right of way line of the said Horne Road, a distance of 76.73 feet to a point for a corner of this tract; Thence S. 490 27' 30" E., a distance of 12.48 feet to a point in the Southeast boundary line of said Lot 16, for the most easterly corner of the tract herein described; Thence S. 39 0 30' YJ., with the southeast boundary line of said Lot 16, a distance of•1.77 feet to a point in the present Iortheast right of way line of said Horne Road for the most Southerly corner of the tract herein described; Thence N. 500 30' W., with the present northeast right of way line of said Horne Road, a distance of 90.0 feet to the point of beginning. Containing 177.8 square feet of land more or less. Together with the free ingress, egress, and regress to and for the City of Corpus Christi, for the purpose of constructing 'streets) sidewalks. curbs, Gutters and appurten ::aces upon said tract and way for the public use by foot, with automobiles, curt:., carriages, and all other vehicles and all other means of trarsportation tree :vary or corvcr.tent at all times and in all ncasons in, nlone, and upon r..ltel Lr.lc1. :trd wz :y, its well as ror laying, rep•liring, servicin;;, . Z XH' "All and maintaining of public utility lines and storm sewers in, on, over, under, and along said tract or way. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of'Corpus Christi, Texas, its successors and legal representatives and the public, for the proper use as public streets and utility easements or utility easements for so long 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 the grantor herein, his heirs or assigns. WITNESS ,rdr hand at Corpus Christi, Texas, this the q /day of �J7� �"� � 19�• c P. J. d•:acaione Dora P. Macaione STATE OF TEXAS p COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and -for Nueces County, Texas, on this day personally appeared P. J. Macaione , known to me to be.the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same for the purposes and cdn- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 971Z, day of " / ? 19 �7/ �' XZ-/ Notary)�ublic in and for Nueces County, Texas STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for Nueces, County, Texas, on this day personally appeared Dora P. 2'acaione , wife-of P. J. Macaione , known to me 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 Dora P. Macaione , acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purpose and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 16y`/, day of N terry Public in an for Nueces County, Texas I ! � I ' I ? I I I i i• ! I I /J �Pr'• /i�ri �, r i f • , I ! ( I I I I 1 I I I , I ! I•j I I I � I I � 11 I f�o c I ! I I I I I ! ! I a..yp 76 I ; r %�•a sF J I I I ' I ! ry • Cl I • I I I I I � ! j 17,4- i I I,I I 1 I I ! I I I I ' I I , I ! I•j I I I � I I � 11 I f�o c I a..yp 76 73' I,r A ! ry • �oo I I f I I U � I I IVyI, �: i � , I I �o Ice f �-/ c/O !)e I I I I I , I ! I•j I I I � I I � 11 I f�o c 4 Parcel No_ 4 RIGHS -O£ -WAY DEED A14D PEDICATION STATE OF TEYAS COUNTY OF h'UECES I,'NOW AI.L MEN BY THESE PRESENTS: TFkT A. A. Gipson and wife Happy E. Gipson of the County of Nueces, State of Texas, for and in consideration of the sum Of— TWENTY FIVE and No/100 (25.00) DOLLARS to me in hand paid by the City of Corpus Christi, Iiueces County, Texas, and other gooa and valuable considerations, the receipt of which is hereby acknowledged, have granted and convey'ea, and by these presents do grant and convey unto the City of Corpus Christi, Nueces County, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in; on, over, under and along a certain tract of land situated in Nueces County, Texas, and being described as follows: Being a strip of land out of Lot 15, Block 1, Arcadia Village, as shown by Map of record-in Volume 7, Page 44, Nueces County, Texas Map Records, said strip of land being more particularly described by metes and bounds as follows: Beginning at the most westerly corner of said Lot-15, said point being in the present northeast right of way line of Horne Road for the most westerly and beginning corner of the tract herein described; Thence N. 39 30' E., with the northwest boundary line of said Lot 15, a distance of 1.77 feet to a point for the most northerly corner of the tract herein described; Thence S. 490 27' 30" E., a distance of 62.51 feet to a point in the Southeast boundary line of said Lot 15, for the most easterly corner of the tract herein described; Thence S. 39° 30' W., with the Southeast boundary line of said Lot 15, a distance of 0.64 feet to.a point in the present northeast right of way line of said Horne Road for the most southerly corner of the tract herein described; Thence N. 500 30' W., with the present northeast right of way line of said Horne Road, a distance of 62.50 feet to the point of beginning. Containing 75.3 square feet of land more or less. Together with the free ingress, egress, and regress to and for the City of Corpus Christi, for the purpose of constructing streets, sidewalks, curbs, gutters and appurtenances upon said tract and way for the public use by foot, with automobiles, carts, carriages, and all other vehicles and all other means of transportation necessary or convenient at all tinier, and in all seasons in, along, and upon said tract and way, its well ur for laying, repairing, rervicing, .1-,--,v\ /-/, '( 13 `, and maintaining of public utility lines and storm sewers in, on,, over, under, and along said tract or way. TO IIAVE AND TO IIOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives and the public, for the proper use as public•streets and utility easements or utility easements for so long 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 the grantor herein, his heirs or assigns. WITiTESS py,•- hand at Corpus Christi, Texas, this the S/, day of , 19 7/ . A. A. Gipson Happy E. Gipson /f STATE 01' TEXt S ✓ , COUNTY OF NUECES BE5'ORE ME, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared A. A. Gipson , known to me to be the person whose name is subscribed to the foregoing instmu- ment and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed. /// GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ili day of • 1 Notary ublic in and for Nueces County, Texas STATE OF TEXAS � COUNTY OF NUECES BEFORE M, the undersigned authority, a'Notary Public in and for Nueces County, Texas, on this day personally appeared Happy E. Gipson , wife of A. A. Gipson , known to me 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 Happy E. Gipson , acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purpose and consideration therein expressed, and that she did not wish to retract it. GIVEN yIMER MY HAND AND SEAL OF OFFICE, this the S�� day of /��rr/ , 19 �! W, J i N tLry Yyblic in and for Nucces County, Texas The aforesaid Right -of -Way Deed and Dedication is,hereby accepted for the City of Corpus Christi, Texas, this the day of , �9 CITY Or CORPUS CHRISTI By: City Manager, City of Corpus Christi ATTEST: By: City Secretary APPROVED AS TO LEGAL FOR THIS -day of 119 City Attorney STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for Piueces County, Texas, on this day personally appeared - Down to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose of accepting aforesaid easement. GIVEN under my hand and seal of office this day of 19 Notary Public in and for Nueces County, Texas iI ; � 1 .61 /-/::v/;/" I li, i I i% i 1117,0 1 i ! I i f CITY OF CORPUS CHRISTI, TEXAS ' CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 11, 19717 I certify to the City Council that $ 70.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No. 220 -70 -111 Project Name Horne Road, Naples to Columbia Street from which it is proposed to be drawn, and such money is not appr"ogpi'tated for any other purpose. Parcel No. 3 $45.00 Parcel No. 4 25.00 $70.00 , 19 Director of Finance 16.11 FIR 5 Revised 7/31/69 y�f ©:ildalWZI ACCOUNTING 1971 AJAR 18 AM I1 00 *t Corpus Christi, Texas L W1, d2y of 19 7/ 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, MAYOR i7lo( THE cnik OF CORD CHRISTI, TEXAS The Charter rule was suspended by the following vote: s . Jack R. Blackmon L��d Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr.� Eduardo E..de Ases Ken McDaniel W. J. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. 'Blackmon Gabe Lozano, Sr. C�LL1 V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore U