HomeMy WebLinkAbout14135 ORD - 01/18/1978jKn:1 its- its; ist
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCHANGE
DEED WITH HUMPHREY ENTERPRISES, THE DEVELOPER OF
WESTWOOD HEIGHTS UNIT 3, TO PROVIDE FOR THE RELOCA-
TION OF STREET RIGHT OF WAY WITHIN THE SUBDIVISION;
AN 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 execute an exchange deed with Humphrey Enterprises, the developer of
Westwood Heights Unit 3, to provide for the relocation of street right of
way within the subdivision, a substantial copy of said Exchange Deed being
attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize execution of the aforesaid
Exchange beed at the earliest practicable date to provide for relocation of
street right of way in the aforesaid subdivision 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 and that such 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, 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 day of January,
1978.
ATTEST:
City Secretary
AP_ P,12OV DAY OF JANUARY, 1978:
J. BRUCE AYCOCK. CITY ATTORNEY
BY & 6v�
Assistant City orney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in effect and
force with or without the
signature of the Mayor, in
accordance with Articles Charter*
Section 6 of the City
14135
MICROFILMED
JUL 0 7100
� .4, 0 - -
EXCHANGE DEED
STATE OF TEXA3 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES 0
WHEREAS THE CITY OF CORPUS CHRISTI owns, by Street and
Drainage Dedication recorded at Volume 932, Page 253 and Page
255, Deed Records of Nueces County, Texas, that unimproved parcel
of land being 1.869 acres, more or less, out of Lots 44 and 45,
Nueces Gardens Subdivision Unit II, as shown by plat recorded in
Volume 10, Page 8, Nueces County Map Records, and as more
specifically described as follows:
Beginning at a point in the Southeast right -of-
way line of Leonard Drive, said point also being
the Westernmost corner of Lot 45, said Nueces
Gardens Subdivision Unit II for the point of
beginning of this tract;
Thence N450 071 2611E 30.00' along the Southeast
right -of -way line of said Leonard Drive to a point
for the Northernmost corner of this tract;
Thence B440 591 1011E 1086.251 to a point for an
interior corner of this tract, said point also
being the Westernmost corner of Lot 45 -A, Nueces
Gardens Subdivision Unit II, as shown by plat
in Nueces County Map Records, Volume 35, Page 18;
Thence S450 031 0811E 270.46' along the Southwest
boundary line of said Lot 45 -A and past the
Southernmost corner of said Lot 45 -A at 265.46'
to a point for the Easternmost corner of this
tract, said Easternmost corner in the Northwest
right -of -way line of Starlite Lane;
Thence S450 111 5511W 60.00' along the Northwest
right -of -way line of said Starlite Lane to a point
for the Southernmost corner of this tract;
Thence N440 591 5811W 1356.64' to a point in the
Southeast right -of -way line of said Leonard Drive
for the Westernmost corner of this tract;
Thence N450 071 2611E 30.00' along the Southeast
right -of -way line of said Leonard Drive to the
point of beginning.
WHEREAS HUMPHREY ENTERPRISES, a Texas General Partnership,
has submitted to the City of Corpus Christi plans for the replatting
1
and development of a tract of land encompassing the above
described and dedicated property, and whereas Humphrey Enterprises
-wns 1.557 acres of land out of Lot 44, Nueces Gardens Subdivision
Unit II, as shown by plat recorded in Nueces County Map Records
at Volume 10, Page 8, and more specifically described as follows:
Beginning at a point located N450 07' 26 "E
150.00' from the Westernmost corner of said
Lot 44, said point also being in the Southeast
right -of -way line of Leonard Drive, for the
point of beginning and Northernmost corner of
this tract;
Thence 8450 00' 00 "E 1356.65' to a point in the
Northwest right -of -way line of Starlite Lane
said point being the Easternmost corner of this
tract:
Thence S450 11' 55 "W'50.00' along the Northwest
right -of -way line of Starlite Lane to a point
for the Southernmost corner of this tract:
Thence N450 00' 00 11W 1356.56' to a, point in the
Southeast right -of -way line of said Leonard Drive
for the Westernmost corner of this tract;
Thence N450 07' 26 "E.50.00' along the Southeast
right -of =way line of said Leonard Drive to the
point of beginning.
WHEREAS, it will be to the public interest to relocate the
dedica +ed roadway by an exchange of the described parcels of
land; and
WHEREAS, the City Council of the City of Corpus Christi has
authorized, by Ordinance No. duly passed on the Y,
day of 1978, the exchange, aba- donment, and
relocation of the above described real property;
NOW THEREFORE, the City of Corpus Christi, Nueces County,
Texas, acting by and through its City Council, for and in con-
sideration of the exchange of property herein contemplated, does
acknowledge receipt of said consideration, have Granted, Sold and
Conveyed, and by these presents do Grant, Sell and Convey unto the
said Humphrey Enterprises, a Texas General Partnersbin, of Nueces
County, Texas, all that certain unimproved parcel of land. owned by
Street and Drainage Dedication recorded at Volume 932, Page 253 and
-2-
Page 255, Deed Records of Nueces County, Texas, being 1.869
acres, more or less, out of Lots 44 and 45, Nueces Gardens
Subdivision Unit II, as shown by plat recorded in Volume 10,
Page 8, Nueces County Map Records, and as more specifically
described as follows:
Beginning at a point in the Southeast right -of-
way line of Leonard Drive, said point also being
the Westernmost corner of Lot 45, said Nueces
Gardens Subdivision Unit II for the point of
beginning of this tract;
Thence N450 07' 26 11E 30.00' along the Southeast
right -o3 -way line of said Leonard Drive to a
point for the Northernmost corner of this tract;
Thence 3440 59' 10'!E 1086.25' to a point for an
interior corner of this tract, said point also
being the Westernmost corner of Lot 45 -A, Nueces
Gardens Subdivision Unit II, as shown by plat
in Nueces County Map Records, Volume 35, Page 18;
Thence 8450 03' 08 11E 270.46' along the Southwest
boundary line of said Lot 45 -A and past the
Southernmost corner of said Lot 45 -A at 265.46'
to a point for the Easternmost corner of this tract,
said Easternmost corner in the Northwest right -of-
way line of Starlite Lane;
Thence S450 11' 55 "W 60.00' along the Northwest
right -of -way line of said Starlite Lane to a point
for the Southernmost corner of this tract;
Thence N440 59' 58 11W 1356.64' to a point in the
Southeast right -of -way line of said Leonard Drive
for the Westernmost corner of this tract;
Thence N450 07' 26 11E 30.00' along the Southeast
right -of -way line of said Leonard Drive to the
point of beginning.
TO HAVE AND HOLD the described premises, together with all
and singular the rights and appurtenances thereto in anywise
belonging unto the said City of Corpus Christi and does hereby
bind the said City to warrant and forever defend, all and singular,
the said premises unto the said Humphrey Enterprises, its heirs
and assigns, against every person whomsoever lawfully claiming,
or to claim the same, or any part thereof.
That Humphrey Enterprises, a Texas General Partnership, of.
Nueces County, Texas, for and in consideration of the exchange of
-3-
property herein contemplated, does acknowledge receipt therecf,
have Granted, Sold and Conveyed, and by these presents do
Grant, Sell and Convey unto the City of Corpus Christi, Nueces
County, Texas, the free and uninterrupted use, liberty and
privilege for street purposes, and other municipal purposes,
all that right -of -way in, along, upon and across all that
parcel of land being 1.557 acres out of Lot 44, Nueces Gardens
Subdivision Unit II, as shown by plat recorded in Nueces County
Map Records at Volume 10, Page 8, and more specifically described
as follows:
Beginning at a point located N450 07' 26 11E 150.00'
from the westernmost corner of said Lot 44, said
point also being in the Southeast right -of -way
line of Leonard Drive, for the point of beginning
and Northernmost corner of this tract;
Thence S45o 00� 00 11E 1356.65' to a point in the
Northwest right-of-way-line of Starlite Lane said
point being the Easternmost corner of this tract;
Thence S450 11' 55 11W 50.00' along the Northwest
right -of -way line of Starlite Lane to a point for
the Southernmost corner of this tract;
Thence N450 00' 00 "W 1356.56' to a point in the
Southeast right =of -way line of said Leonard Drive
for the Westernmost corner of this tract'
Thence N45 07' 2611E 50.00' along the Southeast
right -of -way line of said Leonard Drive to the
point of beginning.
This conveyance and exchange is specifically subject to
and conditioned upon the submission and acceptance of the plat
of Westwood Heights Unit III, as submitted by Humphrey Enterprises
and accepted by the City of Corpus Christi, whereby the above
described dedication shall be rededicated to the City of Corpus
Christi as a part of the streets dedication as shown by the plat
of Westwood Heights Unit III.
�4-
WITNESS OUR HAND at Corpus Christi, Nueces County, Texas,
this the day of , 1978.
CITY OF CORPUS CHRISTI
ATTEST:
By
R. Marvin Tovmsend
City Secretary City Manager
APPROVED:
18 DAY OF JANUARY, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
HUMPHREY ENTERPRISES
D rector of Fi ce
By
Tom Humphrey
General Partner
STATE OF TEXAS 4
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared MARVIN TOWNSEND, known to me to be the person whose
name is subscribed to the foregoing instrument as City Manager of
the City of Corpus Christi, Texas, and acknowledged to me that he
executed the same 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 1978.
Notary Public in and for
Nueces County, Texas
STATE OF TEXAS 4
COUNTY OF NUECES 0
BEFORE ME, the undersigned authority, on this day personally
appeared TOM HUMPHREY, known to me to be the person whose name is
subscribed to the foregoing instrument as a General Partner of
Humphrey Enterprises, a Texas General Partnership, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated, and as the act
and deed of said partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1978.
Notary Public in and for
Nueces County, Texas
Corpus Christi, Texas
day (�, 19-12
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Air-
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample_
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
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