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HomeMy WebLinkAbout021032 RES - 11/27/1990A RESOLUTION AUTHORIZING THE EXECUTION OF TWO DONATION DEEDS TO THE STATE OF TEXAS FOR PARCELS 80 AND 87B FOR THE CROSSTOWN EXPRESSWAY PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute two Donation Deeds to the State of Texas for Parcels 80 and 87b for the Crosstown Expressway Project, all as more fully set forth in the Donation Deeds, substantial copies of which are attached hereto and made a part hereof, marked Exhibits A and B respectively. City Secretary MII OR Zc ,,c, THE CITY OF CORPUS CHRISTI APPROVED: ,5 DAY OF Ht p,U.L yx,{at.y , 19 90 HAL GEORGE, CITY ATTORNEY By aQQw Assistant ty Attorne \ORD-RES\90179 )epartmenl of Highways ablic Transportation .,.m D-15-142 Page 1 of 4 THE STATE OF TEXAS COUNTY OF NUECES Parcel No. 80 8016-1-43 State Highway 286 DONATION DEED KNOW ALL MEN BY THESE PRESENTS: That, the City of Corpus Christi of the County of Nueces , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar ($1.00) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Donated and by these presents do Grant, Give and Convey unto the State of Texas all that certain tract or parcel of land in Nneres County, Texas, more particularly described as follows, to wit: Being 3,508 (0.08 acres) square feet of land, more or less, out of and a part of Lot 4, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and being out of an 8.199 acre tract described in a deed from Cardco, Inc., a Texas corporation to the City of Corpus Christi, Texas, dated September 5, 1985 and recorded in Volume 1980, Pages 169 thru 172, Deed Records of Nueces County, Texas; said 3,508 square feet of land, more or less, being more particularly described in metes and bounds, as follows: BEGINNING at the NDrd./west corner of said 8.199 acre tract for the North corner of this parcel; (1) THENCE North 89°38'32" East, along the Northeast boundary line of said 8.199 acre tract, 62.74 feet for the East corner of this parcel, from which corner a 5/8 inch iron rod on the Northwest boundary line of a 9.372 acre tract described in a deed recorded in Volume 1604, Page 317 of said Deed Records for the upper East corner of said 8.199 acre tract bears North 89°38'32" East 568.60 feet; (2) THENCE South 28°57'07" West, 128.24 feet for the South corner of this parcel; (3) THENCE North 00°20'25" West, 111.82 feet to the POINT OF BEGINNING and containing 3,508 (0.08 acres) square feet of land, more or less. Bearings are referenced to the Texas Coordinate System, South Zone. apartment of Highways a.. . ublic Transportation Form D-15-142 Page 3 of 4 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: – n o n e – Grantors covenant and agree to remove the above-described improvements from said land by , 19 subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of ,1990 CITY OF CORPUS CHRISTI By: Juan Garza, City Manager THE STATE OF TEXAS, COUNTY OF ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS OF I c.ia (y1 , 1990. HAL GEORGE, CIT,Y ATTORNEY DAY BY: ..,,Cel.a,-nC '--�cLai-,wa-L.5— Alison Gallaway, Assistant City Attorney ACKNOWLEDGMENT BEFORE ME, on this day personally appeared known to me (or proved to me on the oath of a credible witness,) to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A D 19 Notary Public, State of Texas My Commission expires on the _ day of 19 rpar,menl of fligh,va,s . blic Transportation Form 11-15-142 Page 1 of 4 THE STATE OF TEXAS COUNTY OF NUECES Parcel No. 876 State Highway 286 8u16-1-43 DONATION DEED KNOW ALL MEN BY THESE PRESENTS: That, the City Corpus Christi of the County of NUECES , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar ($1.00) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Donated and by these presents do Grant, Give and Convey unto the State of Texas all that certain tract or parcel of land in NUECES County, Texas, more particularly described as follows, to wit: Being 14.31 acres of land, more or less, out of and a part of Lots 2 and 3, Section 14, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and being out of a 73.758 acre tract of land described in a deed from Annastazie S. Nemec, et al, to the City of Corpus Christi, dated December 16, 1986, recorded in Volume 2040, Pages 807 thru 811, Deed Records of Nueces County, Texas and also out of a 157.579 acre tract of land described in a deed from Augusta 7. Folda, et al, to the City of Corpus Christi, dated October 27, 1971, recorded in Volume 1413, Pages 840 thru 843, Deed Records of Nueces County, Texas; said 14.31 acres of land, more or less, being more particularly described in metes and bounds, as follows: BEGINNING at a point on the common boundary line of Lots 3 and 4, said Section 14, same being the Southwest boundary line of said 157.579 acre tract, for the South corner of this parcel, from which corner a 5/8 inch iron rod on the Northwest boundary line of Chapman Ranch Road for the south corner of said 157.579 acre tract bears South 61°51'30" East 313.82 feet; (1) THENCE North 61°51'30" West, along said common boundary line of Lots 3 and 4, at 212.49 feet pass the proposed Engineer's baseline of the Crosstown Extension at Station 370+36.14, and continuing North 61°51'30" West, along said common boundary line, in all a distance of 425.99 feet for the West corner of this parcel and the beginning of a circular curve to the left whose radius point bears North 82°43'53" West 5529.58 feet, and which has a central angle of 01°01'42", a radius of 5529.58 feet, a tangent distance of 49.62 feet and an arc lenght of 99.25 feet; (2) THENCE, with said circular curve to the left, 99.25 feet for the point of tangency; (3) THENCE North 06°14'25" East 275.04 feet for the point of curvature of a circular curve to the right whose radius point bears South 83°45'36.64" East 5929.58 feet and which has a central angle of 12"02'22.67", a radius of 5929.58 feet, a tangent distance of 625.30 feet and an arc length of 1245.99 feet; apartment of Highways . ublic Transportation Form D-15-142 Page 3 of 4 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: - n o n e - Grantors covenant and agree to remove the above-described improvements from said land by , 19 subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of 19 90 ATTEST: ARMANDO CHAPA, CITY SECRETARY CITY OF CORPUS CHRISTI Juan Garza, City Manager THE STATE OF TEXAS, COUNTY OF APPROVED AS TO LEGAL FORM THIS DAY OF p r,{ -o b,_� 1990. HAL GEORGE, C TY ATTORNEY Bvc L&iwaA-5- Alison Gallaway, Assistant City Attorney ACKNOWLEDGMENT BEFORE ME, on this day personally appeared known to me (or proved to me on the oath of a credible witness,) to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A D 19 Notary Public, State of Texas My Commission expires on the day of 19 Corpus Christi, Texas 02-7 day of f(nk,2 aJ , 19 't i The above resolution was passed by the following vote: Betty N. TurnerCLey, Cezar Galindo Of f, Leo Guerrero (Q QJ Tom Hunt Edward A. Martin at P ) 664, Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 066