HomeMy WebLinkAbout14784 ORD - 02/21/1979• vp:2/19/79:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCHANGE
DEED WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
TO PROVIDE FOR THE RELOCATION OF STREET ACCESS TO THE
CAMPUS OF TRAVIS AND FANNIN ELEMENTARY SCHOOLS, A
SUBSTANTIAL COPY OF SAID EXCHANGE DEED BEING ATTACHED
HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A";
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 an Exchange Deed with Corpus Christi Independent School District
to provide for the relocation of street access to the campus of Travis and
Fannin Elementary Schools, 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 Deed at the earliest practicable date to provide for relocation of
street access to the aforesaid public schools creates a public emergency and
an imperative public necessity requiring the suspension of the Charter rule
O
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 ;7/ day of February,
1979.
ATTEST:
APPR VED:
% DAY OF FEBRUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
TH
147E4
CORPUS CHRISTI, TEXAS
MICROF��-cn�.D
"3U1 0 8 0E0
THE STATE OF TEXAS
COUNTY OF NUECES
EXCHANGE DEED
KNOW ALL MEN BY THESE PRESENTS:
•
WHEREAS, THE CITY OF CORPUS CHRISTI owns, by dedication to public
use, those parcels of land constituting public parks known as Edgewood Park
and Broadmoor Park, adjacent, respectively, to Fannin Elementary School and
Travis Elementary School campuses, as shown by plat recorded in Volume 12.
Page 41. and Volume 8, Page 54. respectively. Nueces County Map Records, and whereas
said parks include the following tracts. more specifically described as follows:
TRACT A-2
Beginning at a point on the southerly right-of-way line
of 50 -foot wide Alexander Street, said point being the
most northerly corner of abovementioned Edgewood Park;
Thence S. 28° 20' W. along the northwesterly boundary
line of said park a distance of 246:67 feet to a point
being the most westerly corner of said park and the most
northerly corner of abovementioned Fannin School Tract;
Thence S. 61° 40' E. along the southerly boundary line of
said park and the northerly boundary line of said Fannin
School Tract a distance of 356.29 feet to a point for the
beginning point of the tract of land herein described;
Thence N. 28° 20' E. a distance of 78.68 feet to a point
on the southwesterly right-of-way line of abovementioned
Alexander Street;
Thence with the southwesterly right-of-way line of said
Alexander Street in a southeasterly direction along the
arc of a circular curve whose central angle is 19° 36' 58°.
radius 719.29 feet. tangent 124.35 feet a distance of
246.23 feet to a point being the southeast corner of said
• park;
Thence S. 28° 20' W. along the easterly boundary line of
said park a distance of 6.06 feet to a point being the
most southerly corner of said park;
Thence N. 61° 40' W. along the southwesterly boundary line
of said park and the northeasterly boundary line of said
Fannin School Tract a distance of 234.03 feet to the place
of beginning and containing 8194.9 square feet of land
more or less.
TRACT B-2
Beginning at a point on the southerly right-of-way line of
said 60.0 foot wide Tarlton Street. said point being the
most northerly corner of abovementioned school district
property and the most easterly corner of the dedicated park
as shown by abovementioned map of Pineda Park Addition;
• •
Thence S. 28° 21' 40" W. along the common boundary line
of said school district property and said park a distance
of 275.82 feet to a point being the most easterly corner
and beginning point of the tract of land herein described;
Thence continue S. 28° 21' 40" W. along said common bound-
ary line, pass the most easterly corner of abovementioned
Block 5, Broadmoor Park Addition No. 3 at 355.76 feet, in
all a distance of 571.50 feet to a point on the northerly
right-of-way line of 50.0'wide Arlington Drive and on a
circular curve in a westerly direction;
Thence along the northerly right-of-way line of said
Arlington Drive with the arc of said curve whose central
angle is 01° 09' 33", radius 292.55, tangent 2.96, a dis-
tance of 5.92 feet to the point of tangency;
Thence N. 82° 58' 50" W. continue along the northerly right-
of-way of said Arlington Drive a distance of 7.65 feet to
the P. C. of a circular curve in a westerly direction;
Thence continue along the northerly right-of-way line of
said Arlington Drive with the arc of said curve whose
central angle is 21° 20' 30", radius 240.0 feet, tangent
45.22, a distance of 89.40 feet to the point of tangency;
Thence N. 61° 38' 20" W. continue along the northerly
right-of-way line of said Arlington Drive a distance of 4.38
feet to the P. C. of a circular curve to the right;
Thence along the arc of said curve whose central angle is
90° 00'; radius 20.0 feet, tangent 20.0 feet, a distance
of 31.42 feet to the point of tangency and being on the
easterly right-of-way line of 50.0 foot wide Churchill Drive;
Thence N. 28° 21' 40" E. along the easterly right-of-way
line of said Churchill Drive a distance of 217.0 feet to a
point being the most northerly corner of abovementioned
Block 5, Broadmoor Park Addition No. 3 and the most westerly
corner of said park dedicated by abovementioned Pineda Park
Addition;
Thence N. 28° 24' 27" E. continue along the easterly right-
of-way line of said Churchill Drive and the westerly boundary
line of said park a distance of 355.87 feet to a point;
Thence S. 61° 35' 33" E. a distance of 124.09 feet to the
place of beginning and containing 72,891.31 square feet of
land, more or less.
WHEREAS, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, a political
subdivision of the State of Texas, owner of the hereinafter described parcels
of land, has submitted to the City of Corpus Christi plans for the redevelop-
ment of the Fannin Elementary School campus and the Travis Elementary School
campus, which are adjacent, respectively, to the above described portions of
Edgewood Park and Broadmoor Park, said tracts of land being more specifically
described as follows:
-2-
•
TRACT A-1
Being a rectangular shaped parcel of land out of the
Fannin Elementary School Tract, to be referred to
hereinafter as Tract A-1, to be exchanged for an
irregularly shaped parcel of land out of Edgewood
Park, being a tract of land dedicated to the City of
Corpus Christi, Texas, for park purposes, in Edgewood
Park Subdivision, as shown by map of record in Volume
12, Page 41, Map Records, Nueces County, Texas, and to
be referred to hereinafter as Tract A-2. Said tracts
to be more particularly described by metes and bounds
as follows:
Beginning at a point on the southerly right-of-way line
of 50 -foot wide Alexander Street, said point being the
most northerly corner of abovementioned Edgewood Park;
Thence S. 28° 20' W. along the northwesterly boundary
line of said Edgewood Park a distance of 246.67 feet to
a point being the most westerly corner of said park and
the most northerly corner of abovementioned Fannin School
Tract for the beginning point of the tract of land herein
described;
Thence S. 61° 40' E. along the southerly boundary line of
said park and the northerly boundary line of said Fannin
School Tract a distance of 356.29 feet to a point;
Thence S. 28° 20' W. a distance of 23.0 feet to a point;
Thence N. 61° 40' W. along a line that is 23.0 feet south
of and parallel to the northerly boundary line of said
Fannin School Tract a distance of 356.29 feet to a point on
the westerly boundary line of said Fannin School Tract;
Thence N. 28° 20' E. along the westerly boundary line of
said Fannin School Tract a distance of 23.0 feet to the
place of beginning and containing 8194.7 square feet of
land, more or less.
TRACT B-1
Being a rectangular shaped parcel of land out of the Corpus
Christi Independent School District property as shown by
map of Belmont Park Addition as recorded in Volume 11,
Page 51, Map Records, Nueces County, Texas, to be referred
to hereinafter as Tract B-1, to be exchanged for an irregu-
larly shaped parcel of land, being Block 5, Broadmoor Park
Addition No. 3 as shown by map of record in Volume 8,
Page 48, Map Records, Nueces County, Texas, and a portion
of the land dedicated to the City of Corpus Christi, Texas,
for park purposes in Pineda Park Addition as shown by map
of record in Volume 8, Page 54, Map Records, Nueces County,
Texas, said parcels to be referred to hereinafter as Tract
B-2. Said tracts to be more particularly described by
metes and bounds as follows:
Beginning at a point on the southerly right-of-way line of
60 -foot wide Tarlton Street, said point being the most
northerly corner of the abovementioned school district
property, for the beginning point of the herein described
tract of land;
-3-
111/111111
Thence S. 61° 40' 40" E. along the southerly right-of-way
line of said Tarlton Street a distance of 244.21 feet to the
P. C. of a circular curve to the right;
Thence along the arc of said curve whose central angle is
90° 00' 38", radius 20.0 feet, tangent 20.0 feet a distance
of 31.42 feet to the point of tangency and being on the
westerly right-of-way line of 50.0 -foot wide Wayside Drive;
Thence S. 28° 19' 58" W. along the westerly right-of-way
line of said Wayside Drive a distance of 255.82 feet to a
point;
Thence N. 61° 40' 40" W. a distance of 264.35 feet to a
point on the westerly boundary line of said school district
property;
Thence N. 28° 21' 40" E. along the westerly boundary line of
said school district property a distance of 275.82 feet to
the place of beginning and containing 72,807.41 square feet
of land, more or less.
WHEREAS, it will be to the public interest to provide a construction
site for each replacement school which will not interfere with ongoing school
activities by an exchange of the described parcels of land; and
WHEREAS, the City Council of the City of Corpus Christi has author-
ized, by Ordinance No. 14784, duly passed on the 21st day of February, 1979,
the exchange and conveyance of the above described real property;
WHEREAS, the Board of Trustees of the Corpus Christi Independent
School District has by resolution duly passed on February 26, 1979, authorized
the exchange and conveyance of property contemplated by this Exchange Deed.
NOW, THEREFORE, the City of Corpus Christi, Nueces. County, Texas,
acting by and through its City Council, for and in consideration of the exchange
of property herein contemplated, does acknowledge receipt of said considera-
tion, have Granted, Sold and Conveyed, and by these presents do Grant, Sell,
and Convey unto the said Corpus Christi Independent School District of Nueces
County, Texas, certain parcels of land dedicated to the public for park
purposes out of the total park areas shown by plat thereof recorded at Volum
12, Page 41and Volume 8, Page 54, respectively, of the Map Records of Nueces
County, Texas, and as more specifically described as follows:
TRACT A-2
Beginning at a point on the southerly right-of-way line
of 50 -foot wide Alexander Street, said point being the
most northerly corner of abovementioned Edgewood Park,
Thence S. 28° 20' W. along the northwesterly boundary
line of said park a distance of 246.67 feet to a point
being the most westerly corner of said park and the most
northerly corner of abovementioned Fannin School Tract;
Thence S. 61° 40' E. along the southerly boundary line of
said park and ther northerly boundary line of said Fannin
School Tract a distance of 356.29 feet to a point for the
beginning point of the tract of land herein described;
-4-
•
Thence N. 28° 20' E. a distance of 78.68 feet to a point
on the southwesterly right-of-way line of abovementioned
Alexander Street;
Thence with the southwesterly right-of-way line of said
Alexander Street in a southeasterly direction along the
arc of a circular curve whose central angle is 19° 36' 58",
radius 719.29 feet, tangent 124.35 feet a distance of
246.23 feet to a point being the southeast corner of said
park;
Thence S. 28° 20' W. along the easterly boundary line of
said park a distance of 6.06 feet to a point being the
most southerly corner of said park;
Thence N. 61° 40' W. along the southwesterly boundary line
of said park and the northeasterly boundary line of said
Fannin School Tract a distance of 234.03 feet to the place
of beginning and containing 8194.9 square feet of land
more or less.
TRACT B-2
Beginning at a point on the southerly right-of-way line of
said 60.0 foot wide Tarlton Street, said point being the
most northerly corner of abovementioned school district
property and the most easterly corner of the dedicated park
as shown by abovementioned map of Pineda Park Addition;
Thence S. 28° 21' 40" W. along the common boundary line
of said school district property and said park a distance
of 275.82 feet to a point being the most easterly corner
and beginning point of the tract of land herein described;
Thence continue S. 28° 21' 40" W. along said common bound-
ary line, pass the most easterly corner of abovementioned
Block 5, Broadmoor Park Addition No. 3 at 355.76 feet, in
all a distance of 571.50 feet to a point on the northerly
right-of-way line of 50.0'wide Arlington Drive and on a
circular curve in a westerly direction;
Thence along the northerly right-of-way line of said
Arlington Drive with the arc of said curve whose central
angle is 010 09' 33", radius 292.55, tangent 2.96, a dis-
tance of 5.92 feet to the point of tangency;
Thence N. 82° 58' 50" W. continue along the northerly right-
of-way of said Arlington Drive a distance of 7.65 feet to
the P. C. of a circular curve in a westerly direction;
Thence continue along the northerly right-of-way line of
said Arlington Drive with the arc of said curve whose
central angle is 21° 20' 30", radius 240.0 feet, tangent
45.22, a distance of 89.40 feet to the point of tangency;
Thence N. 61° 38' 20" W. continue along the northerly
right-of-way line of said Arlington Drive a distance of 4.38
feet to the P. C. of a circular curve to the right;
Thence along the arc of said curve whose central angle is
90° 00', radius 20.0 feet , tangent 20.0 feet, a distance
of 31.42 feet to the point of tangency and being on the
easterly right-of-way line of 50.0 foot wide Churchill Drive;
Thence N. 28° 21' 40" E. along the easterly right-of-way
line of said Churchill Drive a distance of 217.0 feet to a
point being the most northerly corner of abovementioned
Block 5, Broadmoor Park Addition No. 3 and the most westerly
corner of said park dedicated by abovementioned Pineda Park
Addition;
-5-
•
Thence N. 28° 24' 27" E. continue along the easterly right-
of-way line of said Churchill Drive and the westerly boundary
line of said park a distance of 355.87 feet to a paint;
Thence S. 61° 35' 33" E. a distance of 124.09 feet to the
place of beginning and containing 72,891.31 square feet of
land, more or less,
as shown by maps marked "Exhibit A" and "Exhibit B", attached
hereto and made a part hereof.
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 Corpus Christi
Independent School District, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof.
That Corpus Christi Independent School District, of Nueces County,
Texas, for and in consideration of the exchange of property herein contemplated,
does acknowledge receipt thereof, have Granted, Sold and Conveyed, and by
these presents do Grant, Sell and Convey unto the City of Corpus Christi,
Nueces County, Texas, those parcels of land owned by the Corpus Christi
Independent School District referred to hereinabove and more specifically
described as follows:
TRACT A-1
Being a rectangular shaped parcel of land out of the
Fannin Elementary School Tract, to be referred to
hereinafter as Tract A-1, to be exchanged for an
irregularly shaped parcel of land out of Edgewood
Park, being a tract of land dedicated to the City of
Corpus Christi, Texas, for park purposes, in Edgewood
Park Subdivision, as shown by map of record in Volume
12, Page 41, Map Records, Nueces County, Texas, and to
be referred to hereinafter as Tract A-2. Said tracts
to be more particularly described by metes and bounds
as follows:
Beginning at a point on the southerly right-of-way line
of 50 -foot wide Alexander Street, said point being the
most northerly corner of abovementioned Edgewood Park;
Thence S. 28° 20' N. along the northwesterly boundary
line of said Edgewood Park a distance of 246.67 feet to
a point being the most westerly corner of said park and
the most northerly corner of abovementioned Fannin School
Tract for the beginning point of the tract of land herein
described;
Thence S. 61° 40' E. along the southerly boundary line of
said park and the northerly boundary line of said Fannin
School Tract a distance of 356.29 feet to a point;
-6-
•
Thence S. 28° 20' W. a distance of 23.0 feet to a point;
Thence N. 61° 40' W. along a line that is 23.0 feet south
of and parallel to the northerly boundary line of said
Fannin School Tract a distance of 356.29 feet to a point on
the westerly boundary line of said Fannin School Tract;
Thence N. 28° 20' E. along the westerly boundary line of
said Fannin School Tract a distance of 23.0 feet to the
place of beginning and containing 8194.7 square feet of
land, more or less.
TRACT B-1
Being a rectangular shaped parcel of land out of the Corpus
Christi Independent School District property as shown by
map of Belmont Park Addition as recorded in Volume 11,
Page 51, Map Records, Nueces County, Texas, to be referred
to hereinafter as Tract B-1, to be exchanged for an irregu-
larly shaped parcel of land, being Block 5, Broadmoor Park
Addition No. 3 as shown by map of record in Volume 8,
Page 48, Map Records, Nueces County, Texas, and a portion
of the land dedicated to the City of Corpus Christi, Texas,
for park purposes in Pineda Park Addition as shown by map
of record in Volume 8, Page 54, Map Records, Nueces County,
Texas, said parcels to be referred to hereinafter as Tract
8-2. Said tracts to be more particularly described by
metes and bounds as follows:
Beginning at a point on the southerly right-of-way line of
60 -foot wide Tarlton Street, said point being the most
northerly corner of the abovementioned school district
property, for the beginning point of the herein described
tract of land;
Thence S. 61° 40' 40" E. along the southerly right-of-way
line of said Tarlton Street a distance of 244.21 feet to the
P. C. of a circular curve to the right;
Thence along the arc of said curve whose central angle is
90° 00' 38", radius 20.0 feet, tangent 20.0 feet a distance
of 31.42 feet to the point of tangency and being on the
westerly right-of-way line of 50.0 -foot wide Wayside Drive;
Thence S. 28° 19' 58" W. along the westerly right-of-way
line of said Wayside Drive a distance of 255.82 feet to a
point;
Thence N. 61° 40' 40" W. a distance of 264.35 feet to a
point on the westerly boundary line of said school district
property;
Thence N. 28' 21' 40" E. along the westerly boundary line of
said school district property a distance of 275.82 feet to
the place of beginning and containing 72,807.41 square feet
of land, more or less,
as shown by maps marked "Exhibit A" and "Exhibit 8", attached
hereto and made a part hereof.
-7-
• •
TO HAVE AND HOLD the described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the
said Corpus Christi Independent School District and does hereby bind the said
School District to warrant and forever defend, all and singular, the said
premises unto the said City of Corpus Christi, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim the same, or
any part thereof.
WITNESS OUR HAND at Corpus Christi, Nueces County, Texas, this the
day of , 1979.
CITY OF CORPUS CHRISTI
ATTEST:
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
1 DAY OF , 1979:
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
J. BRUCE AYCOCK, CITY A ORNEY
/ / By
By Jack McQueen, President
Assistant Ci tarney Board of Trustees
rector of Finan'e/
-8-
• •
TIIE STATE OF TEXAS 1
COUNTY OF NUECES )
BEFORE ME, the undersigned authority, on this day personally
appeared R. 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
, 1979.
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 Jack McQueen, known to me to be the person whose name is subscribed
to the foregoing instrument as President of the Board of Trustees of the
Corpus Christi Independent School District, 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 Corpus Christi
Independent School District.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1979.
Notary Public in and for Nueces County,
Texas
On
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Corpus Christi, Texa
07 day of , 19 79'
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasonssetforth 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
The Charter rule was suspended by
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
CHRISTI, TEXAS
he following vote:
The above ordinance was passed by
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14784
the following vote: