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HomeMy WebLinkAbout10355 ORD - 07/14/1971• 7/7/71 • TEXAS: AN ORDINANCE APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $30 FOR ACQUISITION OF PARCEL NO. 2, HORNE ROAD RIGHT OF WAY, NAPLES TO COLUMBIA, PROJECT NO. 220 -70 -111; AUTHORIZING THE CITY MANAGER TO ACQUIRE SAID PARCEL OF LAND BY THE ACCEPTANCE OF THE CONVEYANCE FROM DENNIS S. WISE, ET AL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THERE 15 HEREBY APPROPRIATED OUT OF N0. 220 STREET BOND FUND THE SUM OF $30 FOR ACQUISITION OF PARCEL N0. 2, HORNE ROAD RIGHT OF WAY, NAPLES TO COLUMBIA, PROJECT No. 220 -70 -111, SAID PARCEL BEING DESCRIBED AS FOLLOWS: Being a 2.0 foot wide strip of land out of Lot 17, 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 17, 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; 0 Thence N. 28 30' E., with the west boundary line of said Lot 17, a distance of 2.04 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 said Horne Road, a distance of 60.60 feet to a point in the Southeast boundary line of said Lot 17, for the most easterly corner of the tract herein described; Thence S. 610 07' 35" W.', with the southeast boundary line of said Lot 17, a distance of 2.15 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 59.42 feet to the point of beginning. Containing 120.0 square feet of land more or less. SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT CONVEYANCE OF THE AFORESAID PARCEL FROM DENNIS S. WISE, ACTING IN THE CAPACITY WITH POWER OF ATTORNEY DATED JULY 1, 1968, FOR JIM RAY WISE, OWNER OF THE AFORESAID PARCEL OF LAND. _ 10 355 SECTION 3. THE NECESSITY TO APPROPRIATE THE SUM HEREINABOVE DESCRIBED IN ORDER TO ACQUIRE THE AFORESAID PARCEL 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 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 ACCORIJINGLY SO ORDAINED, THIS THE /y/kDAY OF JULY, 1971. ATTEST: CITY SECR TARY MAYOR THE CITY OF COR CHRISTI, TEXAS APP Z�VED: DAY OF JULY, 1971: /Yr rY r CI' ATTORNEY a1 Parcel #2 • • STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THAT T, Dennis S. Wise, acting under authority vested in me by duly executed Power of Attorney by Jim Ray Wise, dated July 1, 1968, a copy of which is annexed hereto for all purposes, of the County of Nueces, State of Texas, for and in consideration of the sum of THIRTY AND N0/100 ($30.00) DOLLARS to me in hand paid by the City of Corpus Christi, Nueces County, Texas, and other good and valuable considerations, the receipt of which is hereby acknowledged, have granted and conveyed, 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 2.0 foot wide strip of land out of Lot 17, Block 1, Arcadia Village, as shown by man of record in Volume 7, Page 44, Nueces County, Texas Map Records, said strip of land Laing more particularly described by metes and bounds as follows: Beginning at the most westerly corner of said Lot 17, 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; 0 Thence N. 28 30' E., with the west boundary line of said Lot 17, a distance of 2.04 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 said Horne Road, a distance of 60.60 feet to a point in the Southeast boundary line of said Lot 17, for the most easterly corner of the tract herein described; Thence S. 610 07' 35" W., with the southeast boundary line of said Lot 17, a distance of 2.15 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; 0 Thence N. 50 30' W., with the present northeast right -of -way line of said Horne Road, a distance of 59.42 feet to the point of beginning. Containing 120.0 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 times and in all seasons in, along, and upon said tract and way, as well as for laying, repairing, servicing, and maintaining of public F9 • 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 my hand at Corpus Christi, Texas, this the day of ,1971. Jir Ray Wise j0 Dennis S. Wise, Attorney -in -Fact STATE OF TEXAS COUNTY OF NOCES BEFORE ME, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared Dennis S. Wise, Acting with Power of Attorney, dated July 1, 1968, from the owner,Jim Ray Wise. The said Dennis S. Wise known 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 purposes and consideration therein expressed, and in the capacity therein stated. .S / GIVEN under my hand and seal of office, this the / day of ✓ 1971. Notary,,Public in and for Nueces Qounty, Texas Accepted for the City of Corpus Christi, a Municipal. Corporation and body politic under the lads of the State of Texas, this day of 197----, .-Na - - -0f- - - - -- — —r x-97 - -.• R. Marvin Townsend City Manager CITY OF CORPUS CHRISTI ATTEST: BY: City Secretary APPROVED AS TO LEGAL FORM THIS --— day of , 1972 C i y Attorney THE STATE OF TEXAS COUNTY OF NUECES p Before me, the undersigned authority on this day personally appeared City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. Given under mW hand and seal of office this day of 19 -^-;. Notary Public in and for Nueces County, Texas PC\VER CF A i : 02\TEY OOW ALL ME.' DY T :-r"�sE p.-, ;�;^a: TI: ^` I,— ,1'a...".c• ^ - resident oP St ,ate OP 'j. ^vn _, United States of America, and anticip t: :_c ?c ✓rar of Attorney may be useful in certain circum- stances, have made, constituted and appointed, and by these presents do make, constitute and appoint fl�.._ _ s. tip; a� , whose address is 647 Fr--no my true, and lawful attorney to act in, manage, and conduct all my estate and all my affairs, and for that purpose for me and in my name, place and stead, and as my act and deed, to do and execute, or to concur with persons jointly interested with myself therein in the doing or executing of all or any of the following acts, deeds, and things, ` that is to say: (1) To buy, receive, lease, accept, or otherwise acquire; to sell, convey, mortgage, hypothec- ate, pledge, quit claim or otherwise encumber or dispose of; or to contract or agree for the acquisi- tion, disposal or encumbrance of; any property whatsoever or any custody, possession, interest or right therein, upon such terms as my said attorney shall think proper; (2) To take, hold, possess, invest, lease or let or otherwise manage any or all of my property or any interest therein; to eject, remove or relieve tenants or other persons from and recover posses- sion of, such property by all lawful means; and to maintain, protect, preserve, insure, remove, store, transport, repair, rebuild, modify or improve the same or any part thereof; (3) To make, do and transact all and every kind of business of what nature of kind soever, Including the receipt, recovery, collection, payment, compromise, settlement and adjustment of all accounts, legacies, bequests, interests, dividends, annuities, demands, debts, taxes and obligations, which may now or hereafter be due, owing or payable to me or by me; (4) To make, endorse, accept, receive, sign, seal, execute, acknowledge and deliver deeds, assignments, acquirements, certificates, hypothecations, checks, notes, bonds, vouchers, receipts, and. such other instruments in writing of whatever kind and nature as maybe necessary, convenient, . or proper in the premises; (5) To deposit and withdraw for the purposes hereof, in either my said attorney's name or my name or jointly in both our names, in or from any banking institution any funds, negotiable paper or moneys which nay come into my said attorney's hands as such attorney or which I now or hereafter may have on deposit or be entitled to; (o) To institute, prosecute, defend, compromise, arbitrate, and dispose of legal equitable, or administrative hearings, actions, suits, attachments; arrests, distresses or oilier proceedings, or otherwise engage in litigation in connection with the premises; (7) To act as my attorney or proxy in respect to any stocks, shares, bonds, or other Invest- ments, rights, or interest, I may now or hereafter hold; . .(8) To engage and dismiss agents, counsel, and employees, and to appoint and remove at pleasure any substitute for, or agent of my said attorney, in respect to all or any of the matters or thugs herein mentioned and upon such terms as my said attorney shall think fit; (9) To prepare, execute, s .t, :tie income and other tax returns, and other government reports, applications, requests and (10) To take _ .,.,.ar the removal and s:.:;:.:e: t of any of my property from any post, warehouse, �ocic`cc other place of storaga cr sa:akeeping, governmental or private; ' and to execute and de :iv : - -= any raiasa, voucher, receipt, s. :iairg ticket, certificate, or other instru- ment necessary or conve ... aato: "a 'a purpose; (11) To drive, a; a:ate, _:: -ge or sell any or al: auto:robi :es owned by me, acquire Iicenses. and to do all things operation thereof. GIVING ._%D G:;r \ ^�'�G u; :;o my said attorney full You•:r and aut%o_ity to do and perform all and every act, deed, ma _.r and thing whatsoever in and a "'ut my - state, Property and affairs as fully and effectually ro -:: intents and purposes as I mi -, :; co-":c y m o%= proper person If personally -,resent. The particular powers and acts hereinabove mentioned are not inserted to show any limitation or curtailment on the powers of my said attorney, but are merely illustrations of the general powers of my said attorney and my said attorney may do and perform any and all i other acts about my estate and affairs that my said attorney may deem expedient, hereby ratifying all that my said attorney shall lawfully do or cause to be done by virtue of these presents. And I hereby declare that any act or thin.- lawfully done hereunder by my said att� 1 be bindin.- oh myself, and ray heirs, legal and personal representatives, and assigns, and until reliable intelligence or nonce or revocation shall have been received by my said attorney, or an instrument rc% 'sing this power of attorney be filed in the County of M, nros , State of Texcs SIGNATURE OF GRANTOR WITH SSES: ✓ ADDRESS �p An RESS ' ADDRESS THE STATE OF TEXAS COUNTY OI NLJECES NAME NAME Before me, the undersigned authority, on this day personally appeared 3ke -nay W lZo ibed known to me to be the person whose name is subscr to the fore- going instrument, and acknowledged tome that he executed the same for the purpose and con- sideration therein expressed. GIN under my hand and official seal this 1 st day of silly 19�i8 —. Q Notary Public in and for blu�ce� County Taxc-. MY CONIlUSSION EXPIRES: (SEAL) • CITY OF CARPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 1, 1971 I certify to the City Council that $ 30.00 , 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 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �. Direc or o nonce FIN 2 -55 LLF Revised 7 -31_69 • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS - L�FDAY OF , 19_z/_ 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; 1, 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, 9 MAYOR THE CITY OF CORP CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK