HomeMy WebLinkAbout11232 ORD - 12/27/1972JRR:HG:jkh:13- 27 -72; 1st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
AND AGREEMENT TO ACQUIRE PARCEL NO. 2 FOR GREENWOOD
DRIVE IMPROVEMENTS, HORNE ROAD TO PADRE ISLAND DRIVE,
SAID CONTRACT TO REQUIRE THE CITY TO CLOSE A 40 -FOOT
STREET BETWEEN LOTS 1 AND 2, AND 10 AND 11, OF LYLES
SUBDIVISION, AND TO RELOCATE AN 8" EFFLUENT LINE AT
THE EXPENSE OF THE CITY IN EXCHANGE FOR THE ACQUISITION
OF THE PROPERTY HEREINAFTER MORE FULLY DESCRIBED, AND TO
REQUIRE THE OWNERS, HARRY WEISMAN, ET AL, TO CONVEY BY
DEDICATION DEED THE 20 -FOOT WIDE STRIP OF LAND ABUTTING
AND PARALLEL TO GREENWOOD DRIVE EXTENDING THE FULL
LENGTH OF LOT 1, F. D. LYLES SUBDIVISION AND THE N.E. 310
FEET OF LOT 11 OF F. D. LYLES SUBDIVISION, IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; APPROPRIATING
OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $6,000
FOR THE COST OF REROUTING THE 8" EFFLUENT WATER LINE,
ALL APPLICABLE TO PROJECT NO. 220 -70 -113; 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 contract and agreement will: the.owners of Parcel No. 2, .
Greenwood Trive Improvements, Horne Road t) Padre Island Drive, said contract
to require tie City to close a 40 -foot str -tet between Lots 1 and 2, and
10 and 11, of Lyles Subdivision, and to relocate an 8" effluent line at
the expense of the City in exchange for the acquisition of the property
hereinafter more fully described, and to require the owners, Harry Weisman,
at al, to convey by dedication deed the 20 -foot wide strip of land abutting
and parallel to Greenwood Drive extending the full length of Lot 1, F. D.
Lyles Subdivision, and the N. E. 310 feet of Lot 11 of F. D. Lyles Subdivi-
sion, in the City of Corpus Christi, Nueces County, Texas, described by
metes and bounds as follows:
Being a 20 -foot wide strip of land abutting and
parallel to Grennwood Drive extending the full
length of Lot 1, F. D. Lyles Subdivision as
recorded in Volume 1, page 58, Map Records of
Nueces County, Texas, and also a 20 -foot wide
strip of land abutting and parallel to Greenwood
Drive out of the Northeast 310 feet of Lot 11, said
F. D. Lyles Subdivision, in the City of Corpus
Christi, Nueces County, Texas.
SECTION 2. There is hereby appropriated out of No. 220 Street
Bond Fund the sum of $6000 for the cost of rerouting of the 8" effluent
water line, applicable to Project No. 220 -70 -113.
LI 232
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SECTION 3. The necessity to enter into the aforesaid contract
and agreement for the purposes aforesaid 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 ACCORDINGLY SO ORDAINED,
this the-2-'Le--day of
ATTEST: .�
City ecre a� MAYOR Pta BN
THE CITY OF CORPUS CHRISTI, TKL1S
APPROVED:
-2,7a DAY OY DECEMBER, 1972:
A�'IA,Aelll-
Ci Ate, rney
i !�i
CONTRACT AND AGREEMENT
THE STATE OF TEXAS §
ii •
ICOUNTY OF NUECES §
ji
ii WHEREAS, Harry Weisman, Trustee; Harry Weisman,
';Individually; Bert W. Roscoe; and B. Waldine Roscoe, a widow,
;!hereinafter referred to as "Owners ", are the present owners of
Lots 1 and 2 as well as the Northeast 310 feet of Lots 10 and.11
I�
:'in F. D. Lyles Subdivision as recorded in Volume 1, Page 58,
!'Map Records of Nueces County, Texas, to which reference is here
;made; and,
iI WHEREAS, the City of Corpus Christi, hereinafter
!referred to as "City ", has heretofore entered into a contract
;'for the improvement of Greenwood ;rive including the widening of
Greenwood Drive, which widening would require the obtaining of
`a twenty (20) foot wide strip of !.and abutting and parallel to
:Greenwood Drive extending the full length of Owners' property
',on such Greenwood Drive; and,
WHEREAS, there is presently of record a dedicated street
beginning at Greenwood and extending in a Northwesterly direction
over and across Owners' property and located between said Lots 1
and 2 and the Northeast portion of Lots 10 and 11 and which street
is presently being utilized by the City for the routing of a water
line; and,
WHEREAS, the City has agreed to close such street and
reroute the existing effluent water line in consideration of
Owners conveying the above described twenty (20) foot wide strip
of land by Dedication Deed to City for the construction of the
I'Greenwood Drive improvements.
II NOW, THEREFORE, the parties hereto agree as follows:
II I.
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City agrees to permanently close the existing street
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now located over and across Owners' property which street begins
on Greenwood and extends in a Northwesterly direction between
said Lots 1 and 2 and the Northeast portion of Lots 10 and 11
and to cause such ordinance to be passed as to effect such closing.
.In addition, City shall reroute the affluent water line now pre-
sently crossing Owners' property on such street right -of -way and
cause the same to be relocated on property other than that owned
by Owners.
II.
I. Upon the successful passing of such ordinance effecting
'j
,Ithe closing of the hereinabove described street, Owners agree to
execute a Dedication Deed to such twenty (20) foot wide strip of
land abutting and parallel to Greenwood Drive extending the full
iIlength of owners' property and which Deed shall be substantially
Il
in the form attached hereto as Exhibit "B ".
III.
Upon the execution of this Agreement, City shall proceed
immediately with the necessary action to effect this Agreement and
shall have the right to occupy such twenty (20) foot strip of land
to be conveyed in order to proceed with such street improvements
on Greenwood. However, in the event City is unable to comply with
this Agreement by the successful closing of such street, the prior'
use granted herein to City of owners' property shall give City no
I
right in such property and City shall thereafter be required to
obtain ownership of the same by regular condemnation or negotia-
tions. f
IV.
Taxes on Owners' property being conveyed to City shall
be prorated to date of closing and Owners shall not be required
to secure a title insurance policy for the City.
I; EXECUTED in triplicate, either copy of which shall
II constitute an original, on this the day of
I;
197- -•
Harry Weisman, Trustee
Ii
'ATTEST:
I�
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;!City Secretary
i�
Harry Weisman, Individually
cee
Befit W. Ros
B. Waldine Roscoe, a Widow
APPROVED AS TO LEGAL FORM THIS
DAY OF
197
City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
SELLERS
CITY OF CORPUS CHRISTI, TE.CAS
By
City Manager
BUYER
BEFORE ME, the undersigned authority, on this day per-
sonally appeared R. Marvin Townsend, City Manager of the City of
Corpus Christi, Texas, a municipal corporation, known to me 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 said City of Corpus Christi for the purposes
and consideration therein expressed and in the capacity therein
(stated.
day of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
197
Notary Public in and for
Nueces County, Texas
STATE OF TEXAS
COUNTY OF NUECES p
BEFORE ME, the undersiCned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared
, knowm 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.
Given under my'hand and seal of office this day of
19
• Notary Public in and for Nueces County,
Texas
STATE OF TEXAS
COUNTY OF PNECES
BEFORE ME, the undersigned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared _ Harry Weisman, Trustee
and Individually . known to me.to be the person :;'nose name
Is subscribed to zne foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated. o�
Given under my hand and seal of office this / day of
ee a� �, . 19�•
Notary- Public in and for Nueces County,
Texas
STATE OF TEXAS II
COUNTY OF iiUECES
BEFORE ME, the vndersio ed authority, a Notary Public in and for '
Nueces County, Texas, on this day personally appeared Bert W. Roscoe, Trustee
and Individually , knowm to me to be the person* whose name
In subscriced to tae foregoing instrument, and acknowledged to tae that he
executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
Given under ml hand and seal of office this 4 day of
Notary Public in and for Piueces County,
. STATE OF ,TE}CAS a Texas
COUNTY OF =UECES -
BEFORE ME, the undersigned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared B. Waldine Roscoe.
a widow , known to me to be the person wnose name
is subscriced to the t'orcgoin; instrument', and acknowledged to me that he
executed the =ne for. the purposes and consideration therein expressed.
Given under my hand and seal of office this 1 day of
'Notary licTi in WILL L5r t;ue es County,
Texas
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ENGINEERING
CORPUS CHRISTI, TEXAS
Ll
DEDICATION DEED
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
THAT WE, HARRY WEISMAN, TRUSTEE; HARRY WEISMAN, INDIVIDUALLY; BERT
W. ROSCOE; AND B. WALDINE ROSCOE, A WIDOW, OF THE COUNTY OF NUECES, DO BY THIS
INSTRUMENT, FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) AND OTHER
GOOD AND VALUABLE CONSIDERATION, TO ME IN HAND PAID BY THE CITY OF CORPUS
CHRISTI, TEXAS, A MUNICIPAL CORPORATION, RECEIPT OF-WHICH IS HEREBY ACKNOWLEDGED,
HAVE GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DO GRANT, SELL AND CONVEY
UNTO THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ALL THE FOLLOW=
ING TRACT, PIECE, OR PARCEL OF LAND, LYING AND BEING SITUATED IN THE COUNTY OF
NUECES, STATE OF TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
+ BEING A TWENTY (20) FOOT WIDE STRIP OF LAND ABUTTING AND
PARALLEL TO GREENWOOD DRIVE EXTENDING THE FULL LENGTH OF
LOT 1, F. D. LYLES SUBDIVISION AS RECORDED IN VOLUME 11
PAGE 5S, MAP RECORDS OF NUECES COUNTY, TEXAS, AND ALSO A
TWENTY (20) FOOT WIDE STRIP OF LAND ABUTTING AND PARALLEL
TO GREENWOOD DRIVE OUT OF THE NORTHEAST 310 FEET OF LOT 11,
SAID F. D. LYLES SUBDIVISION, IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS.
TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES, TOGETHER WITH ALL
AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELONGING UNTO THE
SAID CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ITS SUCCESSORS
AND ASSIGNS, FOREVER, AND I DO HEREBY BIND MY HEIRS, EXECUTORS, AND ADMINISTRATORS,
TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES UNTO THE SAID
CITY OF.CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ITS SUCCESSORS AND
ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME
OR ANY PART THEREOF.
EXCEPT, HOWEVER, THE GRANTOR.HEREIN EXPRESSLY RESERVES AND RETAINS
ALL OIL, GAS, AND MINERALS IN, UNDER AND TO THE LANDS HEREIN CONVEYED, BUT WITH-
OUT RIGHT OF USE OF THE SURFACE HEREIN CONVEYED FOR THE EXPLORATION, DEVELOPMENT]
OR PRODUCTION OF SAID MINERALS.
EXHIBIT "B"
WITNESS OUR HANDS ON THIS T" DAY OF ✓ ,
HARRY WEISMAN, TRUSTEE
HARRY WE ANA IVIDUALLY
BERT W. Roscof.
B. WALDINE RoSCOE, A WIDOW
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
HARRY WEISMAN, TRUSTEE, KNOWN TO ME TO 3E 'HE PERSON WHOSE NAME IS SUBSCRIBED
TO THE FOREGOING INSTRUMENT AND ALKNQWLEDG=D TO ME THAT HE EXECUTED THE a'.ME
FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN
STATED.
�GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY Of
> >97. .
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
HARRY WEISMAN, 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 tND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY OF
, 197.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
.2-
•
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
BERT W. ROSCOE, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE IS k DAY OF
-\-:% , �� , 197-.L--
NOTARY PUE14,1C IN AND FO NU CES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
B. WAIDINE. ROSCOE, A WIDOW, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED
TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME
FOR THE PURPOSLS AND CONSIDERATION THEREIN EXPRESSED.
I GIVEN UNDER MY HAND-AND SEAL OF OFFICE THIS THE S DAY OF
NOTARY PUN AND FOR NUECtS COUNTY,
TEXAS
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
DAY OF 6-A ,_- .vN-p�d—, 19_��
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,
OR pro-Tam
THE CITY OF CORPUS CHRISTI,. TEXAS
THE CHARTER RULE WAS -SUSPENDED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
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, M.D.
• REV. HAROLD T. BRANCH
THOMAS V. GONZALES O y
GABE LOZANO, SR. wcy�.ury�
J. HOWARD STARK