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HomeMy WebLinkAbout14733 ORD - 01/24/1979ejkh:1-24-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED QUITCLAIMING 0.839 ACRES OUT OF LOTS 6 AND 7, SECTION 50, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS TO JON HELD, ET AL, IN RETURN FOR A DRAINAGE EASEMENT ACQUISITION OF 1.204 ACRES OUT OF LOT 6, SECTION 50, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, ALL IN CONNECTION WITH THE EXTENSION OF THE VAN GALEN DITCH, AS PROVIDED IN THE 1977 BOND PROGRAM, ALL AS MORE FULLY SET FORTH IN THE SAID QUITCLAIM DEED, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND AS DESCRIBED IN THE SAID DRAINAGE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B"; APPROPRIATING $1,500 OUT OF THE NO. 295 STORM SEWER BOND FUND, PROJECT NO. 295-77-4, FOR THE ACQUISITION OF THE REMAINING 0.365 ACRES OF THE 1.204 -ACRE DRAINAGE EASEMENT AFTER AN EVEN EXCHANGE OF THE 0.839 ACRES; 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 execute a Quitclaim Deed quitclaiming 0.839 acres out of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts to Jon Held, et al, in return for a drainage easement acquisition of 1.204 acres out of Lot 6, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, all in connection with the extension of the Van Galen Ditch, as provided in the 1977 Bond Program, all as more fully set forth in the quitclaim deed and drainage easement, a substantial copy of each being attached hereto and marked respectively Exhibits "A" and "B", and made a part hereof for all intents and purposes. SECTION 2. That there is hereby appropriated the sum of $1,500 out of the No. 295 Storm Sewer Bond Fund, Project No. 295-77-4, for the acquisi- tion of the remaining 0.365 acres of the 1.204 -acre drainage easement after an even exchange of the 0.839 acres. SECTION 3. The necessity to authorize execution of the aforesaid Quitclaim Deed and to accept the said drainage easement, all as more fully set forth hereinabove 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, having requested the suspension of said Charter rule and that this 14733 • MICROFI! "^rD JUL 0 81980 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 a- day of January, 1979. ATTEST: APPR VED: DAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ciy/attorney MAYORBg_L u, THE CITY OF CORPUS CHRIST; TEXAS • • QUITCLAIM DEED TBE STATE OF TEXAS f KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES II That the City of Corpus Christi of the County of Nueces, State of Texas, for and in consideration of the sum of One Dollar and No Cents ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, have Quitclaimed and by these presents does hereby Quitclaim unto Jon Held, Phil Massed, Dr. John Hogan and wife, Beverly Hogan, all rights, title and interest in certain lots, blocks, tracts,.or parcels of land in the City of Corpus Christi, Nueces County, Texas, and more particularly described as follows: Being an irregular shaped tract of land out of Lots 6, and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the centerline of 40.0 foot wide Glenoak Drive, said point being the most Easterly corner of abovementioned Lot 6; Thence S. 61° 00' E., along the centerline of said Glenoak Drive, a distance of 181.19 feet to a point; Thence S. 29° 00' W., a distance of 50.0 feet to a point being the most Northerly corner of a 80.0 foot wide drainage right- of-way conveyed to the City of Corpus Christi, Texas, by deed of record in Volume 1422, Page 511, Deed Records, Nueces County, Texas, said point being the Southwest corner of a 30.0 foot offset in the right-of-way width of said Glenoak Drive, as dedicated by map of Lot 1, Block A, Waldron Heights Sub- division as shown by map of record in Volume 37, Page 158, Map Records, Nueces County, Texas, for the beginning point of the tract of land herein described; Thence S. 61° 00' E., along the Southerly right-of-way line of said Glenoak Drive and the Northerly boundary line of said drainage right-of-way, a distance of 80.o feet to the point of intersection of the Southerly right-of-way line of said Glenoak Drive and the Westerly right-of-way line of Held Drive as shown by abovementioned map of record; Thence S. 29° 00' W., along the common boundary line of said drainage right-of-way and said Held Drive, a distance of 10.0 feet to a point being the P.C. of a circular curve to the right; Thence with the Easterly boundary line of said drainage right- of-way along the arc of said curve whose central angle 59° 01' 22", radius 257.72 feet, tangent 145.88 feet, a distance of 265.49 feet to a point being the P.R.C. of a circular curve to the left; Thence continue with the Easterly boundary line of said drain- age right-of-way along the arc of said curve whose central -1- angle is 26° 46' 46", radius 267.72 feet, tangent 66.11 feet, a distance of 125.13 feet to a point; Thence N. 28° 45' 24" W., a distance of 10.0 feet to a point being the P.C. of a circular curve to the left; Thence in a Southwesterly direction along the arc of said curve whose central angle is 10° 18' S5", radius 277.72 feet, tangent 25.07 feet, a distance of 50.0 feet to the point of compound curve of a circular curve continuing to the left; Thence along the arc of said curve whose central angle is 12° 57' 28", radius 366.35 feet, tangent 41.60 feet, a distance of 82.85 to a point, said point being the P.C. of a circular curve to the left; Thence in a Northerly direction along the arc of said curve whose central, angle is 12° 26' 54", radius 298.34 feet, tangent 32.54 feet, a distance of 64.82 feet to a point on the Northwesterly boundary line of abovementioned drainage right-of-way; said point being the P.C. of a circular curve to the right; Thence with the Northwesterly boundary line of said drain- age right-of-way along the arc of said curve whose central angle is 37° 05' 41", radius 347.72 feet, tangent 116.67 feet, a distance of 225.40 feet to the P.R.C. of the said drainage right-of-way; Thence continue with the Northerly boundary line of said drainage right-of-way along the arc of said curve whose central angle is 59° 01' 22", radius 177.72 feet, tangent 100.60 feet, a distance of 183.08 feet to the point of tangency; Thence N. 29° 00' E., 10.0 feet to the place of beginning and containing 0.839 acres, more or less. To have and to hold all of Grantor's right, title and interest in and to the a- bove described property and premises unto the said Grantee, its heirs and as- signs forever, so that neither Grantors nor their heirs, 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 day of , 19 ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED AS TO LEGAL FORM THIS 2.4 DAY OF Na L)e di - 19'78 . -2- J. TRUCE LYCOCK, CITY A. Tom..: Y Rssgr (ity Attorney ir y B. DOEC Y • THE STATE OF TEXAS COUNTY OF =CBS f BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a municipal corpora- tion, ]mown to me to be the person and, officer whoseCname is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated. GIVEN under my hand and seal of office, this day of , 19 Notary Public in and for Nueces County, Texas -3- I�Di r/ oil P,POPOS'E Lt /f CGe/Jo,1K De/V6-7 90.0' • N. 29'00.9 40.0' A = 72°26'/2° ps 29838' • L •177. 8', aoo:i L •/26540' ff 50 l,0 rt o a 72°26'/2" P • 29e.Jd' L. 3 7.56x; u r- A1o5/ ea9/erk Corner of l o/ G;, 59c. 50 F. 9. �E. � 5'l. TPOC/9 9 �i11�5.29°oo'rY.5a.0 /5.6/ °001e. 840' _.V79°0o'E. /0.0. f 529°co'cY./0.0' - !! : 69'0/'22 ° ? '/77.7P' L %83.08' / / L e � s9°oi'2z' P' 257.'2' r • /43.56' L .26549' aC/ �v - ctio X N Z 0 •� •Q LIv�i X(' - W W xZ2E u. -.1"1.7i; aOWW CC z Mar w • trfr•- },rrr. z 26'46'46 " . () 0 4 ' 257.72' r . �. r+' . • L y 1 .122, /i w\ T4 4, re%4 V�ined49-0 �• 92°2/'0'/2" /1: 208.34' T .52.58' L • 263.40' ,oa '. . ,V.6/ °00'W.I 90.0' 80' 4.21'55'4/" Q : 335:35' r 1 59.05' L :196.66' {A•28.1J3°S/'PP° • R ° Z9' ' ' ' T' •2.27` :172.33 ff Curve Oo/a' . e•./2.24.50•'_ e' /o•/8'55" OQ.2DB.54' ®' .277.72' x52264' 7 .25.07. L 864.62' - L .50.0' 0. '/2°57'28' a ./0°78'51" O2 .0 .300.2r .2o7.72, •4/40' ' 24./0' L.82.35' L : 48.20' Parcel -1 - Van Galen Drainage Ditch Project DRAINAGE EASEMENT THE STATE•OF TEXAS f KNOW ALL MEDT BY THESE PRESENTS: COUNTY OF NUECES THAT Jon Held, Phil Messed, Dr. John Hogan and wife, Beverly Hogan of the County of Nueces, State of Texas, for and in consideration of the sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) to us in hand paid by the City of Corpus Christi, Nieces County, Nieces County, Texas, 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, Texas, a municipal corporation duly incorporated und0r 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, aver, under, and along a certain tract of land situated in Nieces County, Texas, and being described as follows: Being an 3rregalar shaped tract of land out of Lot 6, Section 50, Flour ]sluff and Encinal Farm and. Garden Tracts as shown by map of record in Volume A, Pages 41, 42, and 43, Map Records, Nieces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the original centerline of 110.0 foot wide Glenoad Drive, said point being the most Easterly corner of said Lot 6; Thence S. 29° 00' W., a distance of 20.0 feet to a point on the Southerly right-of-way line of said Glenoak Drive; Thence N. 61° 00' W., along the Southerly right-of-way line of said Glenoak Drive, a distance of 353.77 feet to a point being the beginning point of the tract of land herein described; Thence S. 29° 00' W., a distance of 40.0 feet to a point being the P.C. of a circular curve to the left; Thence along the arc of said curve whose central angle is 72° 26' 12", radius 208.34 feet tangent 152.58 feet, a dis- tance of 263.40 feet to the P.R.C. of a circit3ar curve to the right; Thence along the arc of said curve whose central angle is 72° 26' 12", radius 298.34 feet tangent 218.50 feet, a dis- tance of 377.18 feet to a point on the Easterly right-of-way line of a 80.0 foot wide drainage right-of-way conveyed to the City of Corpus Christi, Texas, by deed of record in Volume 1422, Page 511, Deed Records, Nieces County, Texas; Thence N. 61° 00' W., across said drainage right-of-way, pass the Wester boundary line of said drainage right-of-way at 80.0 feet, in all a distance of 90.0 feet to a Ioint being the P.C. of a circular curve to the left; -1- 664,13, • Thence in a Northerly direction along the arc of said curve whose central angle is 72°26' 12", radius 208.34 feet, tan= gent 152.58 feet, a distance of 263.40 feet to the P.R.C. of a circular curve to the right; Thence along the arc of said curve whose central angle is 72°26' 12", radius 298.34 feet tangent 218.50 feet, a dis- tance of 377.18 feet to the point of tangency of said curve; Thence N. 29° 00' E., a distance of 40.0 feet to a point on the Southerly right-of-way line of abovementioned Glenoak Drive; Thence S. 61° 00' E., along the Southerly right-of-way line of said Glenoak Drive, a distance of 90.0 feet to the place of beginning and containing 1.406 acres, more or less, save and except 0.202 acres in the above described tract being a portion of the land previously conveyed to said City of Corpus Christi by the aforesaid deed of record. A map of which is marked 'Dxhibit A", and attached hereto and made a part hereof for all purpose's. All dirt excavated from the drainage easement area on Grantor's property will be left on Grantors property. Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing a public drainage facility, and for the purposes of maintaining, servicing, repairing, and inspecting said public drainage facility under, on, and along said tract. To have and to hold, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representa- tives, for the proper use as a drainage easement and drainage right-of-way, for so long as used for such purpose, and if the use for said easement and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. Witnessed our hand,tthis 'f a /a day of -2- 1974 • THE STATE OF TEAS COUNTY OF NUECES • BEFORE ME, the undersigned authority, on this day personally ao_oeared Jon Held , 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 ArrD SEAL OF OFFICE, this the /$ day of , f/ar «ir_ , , 1978 . Notary PUb1ic-in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Pail Massed , 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, this the f$ hilay of D�ee,MsPR , 19 7g. THE STATE OF TEXAS COUNTY OF NUECES Public in add or Nu ces County, Texas sob. i . to o a -R— BEFORE ME, the undersigned authority, on this day personally appeared Dr. John Hogan and wife Beverly Hogan known to me to be the persons whose names are subscribed to the foregoing instru- ment, and acknowledged to me that they executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /t day of ,e&Awr,k , 197'. Notary Public in and for Nueces County, Texas -3- •. Accepted for the City of Corpus Christi, a Municipal Cor- poration and body politic under the laws of the State of Texas, this day of , 19 _. ATTEST: BY: City Secretary APPROVED AS 0 LEGAL FORM THIS /6 day of IF Air City Atti THE STATE OF TEXAS n COUNTY OF NUECES R. Marvin Townsend City Manager CITY OF CORPUS CHRISTI 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 day of , 19. Notary Public in and for Nueces County, Texas -4- • .G/•oo'8.�� 90.0' A' 22'26'/2' e. 29.5:3.4' T. • 218.50'' L'• .577.18' 4D'D/T/0'v CgLL"-•t/D/JK DR'i 7/Cogkr/4!Corner ofLo/a,get. go fl, ffl .Troc,ls oo'Iy j5j.7�49•oo'cs '0. � r61•a� �i./g• .•-•415 29°oo'W 50 0' °00'14 00.0' A"72'26'/2` T • ci4o' • l A Cly /fg 72'26'/2" • 298.Ja' T ■ 2/8.80' L • Snag' . r .0 V / 5.6/ "e0'L' 0' =-N.29°00'4. /0.0. i 5280.9°Co'ef:Ie.o' A= 69'0/'22" 4' •/77.72' L•/83.08' L.07 7 e• 59°0/'22' e • 257.72' T • /a5.ee' L .20_5.49' N4 .Q • 207.7?' 115) L .120./.1 V / / / / 70 4o re%ined6y Ci%y A' 72°26'/2" 208.841' T ■/52.5g8' L + 26340' e 4 21'S5 41" r r 390.35' T •69.0J' L • /9048' A_ e.33°c6'22" • • V 0. 2 a Jam' Q Tr:�5.7 o.0 A .I7°.38' a `vL�.."�`• % y euPV' 0o/o . ,V.61 °o0'W� ,,'•/2 °2654"_ e • love' ss" 90.0• Oz. 290.34' ON N. 27> 7e' T'04,4', T •7s.o7' L .04.62 L .?0.0' a•l2°07'2„' ,,a •/0•/8'55” ®R =300.3.' ;D17.207.77' T •a/ro' T . 24.i0' L • 82.55' L ' 4e.2o' I do' Z (4 I— Z h-WF N W -1— ZZZ X(922 .n N a0uj�1 U, E - u.. 1-11," aV frrzw.. 0. >- = Z V7 O I— Corpus Christi, as day of 797% 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'ro4a THE CITY OF CORPUS C - The Charter rule was suspended by the following vote: Gabe Lozano, Sr. • Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. 4, , Bob Gulley _. David Diaz 1 , Ruth Gill Joe Holt Tony Juarez, Jr. AO! _• Edward L. Sample 6 14733 Van Galen Ditch Extn. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 18, 1979 I certify to the City Council that $ 1,500.00 , 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 295 Storm Sewer Bond Fund Project No. 295-77-4+ Project Name Van Galen Ditch Extension from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • `�$'11 FIN 2-55 Revised 7/31/69 1924 " �• irector o naace 4