HomeMy WebLinkAbout12304 ORD - 10/09/1974d KK:1`IL11:JKn:1u- LS -/4; 15L
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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:
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Secrdltft
I A D:
IAY OF OCTOBER, 1974:
Cit Attorne
a'--, - /
MAYOR
THE CITY OF CORPUS CHRISTI, TE S
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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:
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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.
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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
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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,
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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
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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