Loading...
HomeMy WebLinkAbout12304 ORD - 10/09/1974d KK:1`IL11:JKn:1u- LS -/4; 15L 0 1 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GEORGE TAYLOR AND WIFE, FAYE TAYLOR, IN SETTLEMENT OF CONDEMNATION PROCEEDINGS IN CONNECTION WITH THE BAYFRONT OPEN SPACE PARK PROJECT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND TO PERFORM'ANY AND ALL NECESSARY ACTS RELATING TO THE EXECUTION OF SAID CONTRACT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with George Taylor and wife, Faye Taylor, in settlement of condemnation proceedings in connection with the Bayfront Open Space Park Project, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", and to perform any and all necessary acts relating to the execution of said contract. SECTION 2. The necessity to authorize execution of the aforesaid contract and to perform any and all necessary acts relating to the execution of the said contract in order that matters in controversy may be resolved 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 said ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the said 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 7 da of October, 1974. ATTEST: _56;�'& Secrdltft I A D: IAY OF OCTOBER, 1974: Cit Attorne a'--, - / MAYOR THE CITY OF CORPUS CHRISTI, TE S i23 ®4 CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This Contract by and between the City of Corpus Christi, Texas, a municipal corporation, duly incorporated under the laws of the State of Texas, hereinafter referred to as "City" and George Taylor and wife, Faye Taylor, hereinafter referred to as "Owners ", WITNESSETH:. WHEREAS, Owners possess certain property, hereinafter described, sought to be condemned as a portion of the Ocean Drive Open Spaces project; and WHEREAS, Owners have agreed to donate certain other property to City and to restrict use of the Ocean Drive property; and WHEREAS, City is fully authorized to accept as donee such property offered by Owner and,further, fully authorized to settle pending eminent domain litigation as described herein: NOW, THEREFORE, know all men by these presents, that City and Owner do enter into the following agreement: I Owner hereby agrees to convey their interests in the following described property to City in accordance with the terms of a warranty deed attached hereto, and made a part hereof, for all purposes, and marked Exhibit "A ": Undivided one -half (1/2) interest in Lots 10 and 11, Block 81, Beach Portion, an addition to the City of Corpus Christi, Nueces County, Texas as shown by map or plat thereof as recorded in.Volume A, page 3 of the Map Records of Nueces County, Texas. II Owners agree to file supplemental deed restrictions on the following described property, such deed restrictions attached hereto, and made a part hereof, for all purposes, and marked Exhibit "B ": Parcel Number 20 -A A tract of land lying immediately east of Lots 29, 30, 31 and 32, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas, as shown by the map recorded in Volume A, page 27, Map Records of Nueces County, Texas, which is bounded as follows: .Ey k" 6--t «A.1 • 0 On the east by the waters of Corpus Christi Bay, on the west by the east boundary:, line of Ocean Drive, as presently located (being the location as of the date same was conveyed by George E. Gibbons, Jr. to Faye Taylor by deed dated January 13, 1950, recorded in Volume 455, page 351, Deed Records of Nueces County, Texas), on the north by the easterly extension of the centerline of Scott Street, and on the south by the easterly extension of the south boundary line of Lot 29; said property is sometimes referred to and is shown .by Bracey's Lot Maps of the City of Corpus Christi-, as Lot G, Alta Vista Cliffs Addition. Parcel Number 21 A tract of land lying east of Lots 25, 26, 27, and 28, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas as shown by the map recorded Volume A, page 27, Map Records of Nueces County, Texas, between the east line of Ocean Drive and the waters of Corpus Christi Bay, having its northern boundary the north line of the abovemen- tioned Lot 28 extended to Corpus Christi Bay, and for its southern boundary the south line of the abovementioned Lot 25, extended to Corpus Christi Bay. The above tract of land having been acquired by George Taylor by deed dated January 28, 1942, recorded Volume 275, page 64, Deed Records of Nueces County, Texas. Said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot F, Alta Vista Cliffs Addition. III City specifically agrees that it, its heirs, legal representatives or assigns shall never file or prosecute any suit to condemn the following described land in Nueces County, Texas, or any part thereof or any interest therein, to -wit: Parcel Number 20 -A A tract of land lying immediately east of Lots 29, 30, 31 and 32, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas, as shown by the map recorded in Volume A, page 27, Map Records of Nueces County, Texas which is bounded as follows: On the east by the wafers of Corpus Christi Bay, on the west by the east boundary: line of Ocean Drive, as presently located (being the location as of the date same was conveyed by George E. Gibbons, Jr. to Faye Taylor by deed dated January 13, 1950, recorded in Volume 455, page 351, Deed Records of Nueces County, Texas), on the north by the easterly extension of the centerline of Scott Street, and on the south by the easterly extension of the south boundary line of Lot 29; said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot G, Alta Vista Cliffs Addition. -2- 0 7 1 Parcel Number 21 A tract of land lying east of Lots 25, 26, 27, and 28. Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas as shown by the map recorded Volume A, page 27, Map Records of Nueces County, Texas, between the east line of Ocean Drive and the waters of Corpus Christi Bay, having its northern boundary the north line of the abovemen- tioned Lot 28 extended to Corpus Christi Bay, and for its southern boundary the south line of the abovementioned Lot 25, extended to Corpus Christi Bay. The above tract of land having been acquired by George Taylor by deed dated January 28, 1942, recorded Volume 275, page 64, Deed Records of Nueces County, Texas. Said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot. F, Alta Vista Cliffs Addition. In case of and upon any violation or non - observance of this section. City agrees to pay Owners, their heirs, or assigns, in cash, the same amount City pays to acquire the other undivided one -half (1/2) interest in the property described in Paragraph I herein, whether said property be acquired by nego- tiated sale or by condemnation. IV Owners agree to dismiss their appeal in Cause No. 691 and return or cause to be returned to City the $27,600 deposited by City in the Registry of the Court in that cause. City agrees to relinquish and waive and quitclaim to Owners any right, title and interest it may have in the hereinabove described parcels, 20A and 21, a copy of said quitclaim deed being attached hereto and incorporated herein for all purposes, and marked Exhibit "C ". EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of October, 1974. ATTEST: City Secretary APPROVED: DAY OF OCTOBER, 1974: City Attorney APPROVED: Attorney for Owners CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager By George Taylor, Owner By Faye Taylor, Owner -3- THE STATE OF TEXAS COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn to before me, this the day of October, 1974. 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 GEORGE TAYLOR, known to me to be the person whose name is sub- scribed to the foregoing contract and stated to me that he signed the fore- going contract for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn-to before me this the day of , 1974. Notary Public in and for Nueces County, Texas -4- THE STATE OF TEXAS COUNTY OF NUECES � Before me, the undersigned authority, on this day personally appeared FAYE TAYLOR, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that she signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn to before me this the day of > 1974. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I That we, GEORGE TAYLOR and wife, FAYE TAYLOR, of Nueces County, Texas, hereinafter called "Grantors" for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other valuable consideration to us in hand paid by the City of Corpus Christi, Texas, hereinafter called "Grantee ", the receipt of which is hereby acknowledged and upon the covenant below stated, have GRANTED, SOLD and CONVEYED aid by these presents do GRANT, SELL and CONVEY unto the said Grantee an undivided one -half (1/2) interest.in and to the following described real property lying and being situated in Nueces County, Texas, to -wit: Lots 10 and 11, Block 81, Beach Portion, an addition to the City of Corpus Christi, Nueces County, Texas as shown by map or plat thereof as recorded in Volume A, page 3 of the Map Records of Nueces County, Texas. This conveyance is subject to the covenant hereby made by Grantee that Grantee shall never file or prosecute any suit to condemn the following described land in Nueces County, Texas, or any part thereof or any interest therein, to -wit: Parcel Number 20 -A A tract of land lying immediately east of Lots 29, 30, 31 and 32, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas, as shown by the map recorded in Volume A, page 27, Map Records of Nueces County, Texas which is bounded as follows: On the east by the waters of Corpus Christi Bay, on the west by the east boundary. , line of Ocean Drive, as presently located (being the location as of the date same was conveyed by George E. Gibbons, Jr. to Faye Taylor by deed dated January 13, 1950, recorded in Volume 455, page 351, Deed Records of Nueces County, Texas), on the north by the easterly extension of the centerline of Scott Street, and on the south by the easterly extension of the south boundary line of Lot 29; said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot G, Alta Vista Cliffs Addition. Parcel Number 21 A tract of land lying east of Lots 25, 26, 27, and 28, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas as shown by the map recorded Volume A, page 27, Map Records of Nueces County, Texas, between the east line of Ocean Drive and the waters of Corpus Christi Bay, ' . /-Y , �I f having its northern boundary the north line of the abovemen- tioned Lot 26 extended to Corpus Christi Bay, and for its southern boundary the south line of the abovementioned Lot 25, extended to Corpus Christi Bay. The above tract of land having been acquired by George Taylor by deed dated January 28, 1942, recorded Volume 275, page 64, Deed Records of Nueces County, Texas. Said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot F, Alta Vista Cliffs Addition. Such covenant to be binding upon and to be observed by the Grantee herein and to run in favor of and be enforceable by Grantors, their heirs, legal representatives and assigns. In case of and upon any violation or non- observance of the above covenant, Grantee agrees to pay to Grantors, their heirs or assigns, in cash, the same amount paid to acquire the other one - half (1/2) interest in Lots 10 and 11, Beach Portion, in Nueces County, Texas, whether Grantee acquire same by negotiated sale or by condemnation. 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 Grantee, forever, subject to the covenant set forth above, and Grantors do hereby bind themselves, their heirs, executors and administra- tors to warrant and forever defend all and singular the said premises unto the said Grantee against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this the day of October, 1974. GEORGE TAYLOR FAYE TAYLOR THE STATE OF TEXAS I COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared GEORGE TAYLOR and wife, FAYE TAYLOR, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of October, 1974. Notary Public in and for Nueces County, Texas -2- Accepted for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, this the day of , 1974. ATTEST: R. Marvin Townsend City Secretary City Manager APPROVED: DAY OF 1974: City Attorney THE STATE OF TEXAS COUNTY OF NUECES Before me, the undersigned authority, on this day personally 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 the City of Corpus Christi 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 1974. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS II KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES II That we, GEORGE TAYLOR and wife, FAYE TAYLOR, owners of the following described property, to -wit: Parcel Number 20 -A A tract of land lying immediately east of Lots 29, 30, 31 and 32, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas, as shown by the map recorded in Volume A, page 27, Map Records of Nueces County, Texas which is bounded as follows: On the east by the waters of Corpus Christi Bay, on the west by the east boundary; line of Ocean Drive, as presently located (being the location as of the date same was conveyed by George E. Gibbons, Jr. to Faye Taylor by deed dated January 13, 1950, recorded in Volume 455, page 351, Deed Records of Nueces County, Texas), on the north by the easterly extension of the centerline of Scott Street, and on the south by the easterly extension of the south boundary line of Lot 29; said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot G, Alta Vista Cliffs Addition. Parcel Number 21 A tract of land lying east of Lots 25, 26, 27, and 28, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas as shown by the map recorded Volume A, page 27, Map Records of Nueces County, Texas, between the east line of Ocean Drive and the waters of Corpus Christi Bay, having its northern boundary the north line of the abovemen- tioned Lot 28 extended to Corpus Christi Bay, and for its southern boundary the south line of the abovementioned Lot 25, extended to Corpus Christi Bay. The above tract of land having been acquired by George Taylor by deed dated January 28, 1942, recorded Volume 275, page 64, Deed Records of Nueces County, Texas. Said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot F, Alta Vista Cliffs Addition. do hereby impress such property with the following restrictions, which restrictions shall be in addition to any valid and existing restrictions of record affecting said property. 1. No building, fence or other structure shall be erected, placed or permitted to remain on said property. 2. All vegetation on said property will be planted and maintained in such a manner that the driver of an automobile proceeding in a northerly direction in the east traffic lane of Ocean Drive will be able to view Corpus Christi Bay over at least fifty percent (50 %) of the property's Ocean Drive frontage. C� These restrictions and covenants are hereby declared to be covenants running with the land forever and shall be fully binding upon all persons acquiring the above described property whether by descent, devise, purchase or otherwise, and any person by the acceptance of title to said property or any part thereof shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. If any person or persons shall violate or attempt to violate any of the restrictions and covenants herein, it shall be lawful for the City of Corpus Christi, Texas, to prosecute proceedings at law or in equity against the person violating or attempting to violate any such restriction and covenant, either to prevent him or them from so doing or to correct such violation or to recover damages or other relief for such violation. Invalidation of any one or any part of these restrictions or covenants by judgment or court order shall in nowise affect any of the other provisions or parts of provisions which shall remain in full force and effect. WITNESS the execution hereof on this the day of October, 1974. GEORGE TAYLOR YE TAYLOR -2- THE STATE OF TEXAS COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared GEORGE TAYLOR, known to me to be the person whose name is sub- scribed to the foregoing contract and stated to me that he signed the fore- going contract for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn to before me this the day of , 1974. 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 FAYE TAYLOR, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that she signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn to before me this the day of , 1974. Notary Public in and for Nueces County, Texas QUITCLAIM DEED THE STATE OF TEXAS II KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES II That the City of Corpus Christi, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, of the County of Nueces, State of Texas, for and in consideration of the sum of Ten and No /100 ($10.00) Dollars in hand paid by the grantees herein named, the receipt of which is hereby acknowledged, have QUITCLAIMED, and by these presents do QUITCLAIM, unto George Taylor and wife, Faye Taylor, of the County of Nueces, State of Texas, all of our right, title and interest in and to the following described real property situated in Nueces County, Texas, to -wit: Parcel Number 20 -A A tract of land lying immediately east of Lots 29, 30, 31 and 32, Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas, as shown by the map recorded in Volume A, page 27, Map Records of Nueces County, Texas which is bounded as follows: On the east by the waters of Corpus Christi Bay, on the west by the east boundary line of Ocean Drive, as presently located (being the location as of the date same was conveyed by George E. Gibbons, Jr. to Faye Taylor by deed dated January 13, 1950, recorded in Volume 455, page 351, Deed Records of Nueces County, Texas), on the north by the easterly extension of the centerline of Scott Street, and on the south by the easterly extension of the south boundary line of Lot 29; said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot G, Alta Vista Cliffs Addition. Parcel Number 21 A tract of land lying east of Lots 25, 26, 27, and 28. Block 15, Port Aransas Cliffs Addition to the City of Corpus Christi, Texas as shown by the map recorded Volume A, page 27, Map Records of Nueces County, Texas, between the east line of Ocean Drive and the waters of Corpus Christi Bay, having its northern boundary the north line of the abovemen- tioned Lot 28 extended to Corpus Christi Bay, and for its southern boundary the south line of the abovementioned Lot 25, extended to Corpus Christi Bay. The above tract of land having been acquired by George Taylor by deed dated January 28, 1942, recorded Volume 275, page 64, Deed Records of Nueces County, Texas. Said property is sometimes referred to and is shown by Bracey's Lot Maps of the City of Corpus Christi, as Lot F, Alta Vista Cliffs Addition. TO HAVE AND TO HOLD all of our right, title and interest in and to the above described property and premises unto the said grantees, their heirs and assigns forever, so that neither we, nor our successors, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the day of October, 1974. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF OCTOBER, 1974: City Attorney THE STATE OF TEXAS COUNTY OF NUECES By R. Marvin Townsend City Manager Before me, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument and stated to me that he signed the foregoing instrument for the purposes and consideration therein stated and in the capacity therein stated. Subscribed and sworn to before me, this the day of October, 1974. Notary Public in and for Nueces County, Texas Corpus Christi, Texas day of 19 --Z7V" 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 THE CITY OF CORPUS CHRISTI, TE The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fol owing vote: Jason Luby James T. Acuff Rev.' Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark