HomeMy WebLinkAbout02077 ORD - 04/29/1947AN ORDINANCE c+Zo-;' -7
AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF CORPUS CHRISTI, TEXAS, TO
EXECUTE FOR AND ON BEHALF OF THE CITY ARBI-
TRATION CONTRACTS COVERING RIGHT -OF -WAYS ON
MORGAN AVENUE IN BEHALF OF THE CITY OF CORPUS
CHRISTI WITH GEORGE J. MERRIMAN, CHICK FOGALEY,
GEORGE TAYLOR, JOE W. JOHNSON, AND MAX GOL7ZW
AND WIFE, EVA GOLTZMAN, AND DECLARING AN
EMERGENCY.
WHEREAS, the City has determined that it is necessary to
pave and improve Morgan Avenue, and
WHEREAS, in order to pave and improve such street it is
necessary to obtain right -of -ways from George J. Merriman, Chick
Fogaley, George Taylor, Joe W. Johnson and Max Goltzman and wife,
Eva Goltzman, who are owners of property abutting Morgan Avenue;and
WHEREAS, it is deemed necessary that the price to be paid
for such right - of-way be arbitrated;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXASs
SECTION 1. That the City Manager of the City of Corpus Christi
be and he is hereby authorized and directed to execute for and on behalf
of the City of Corpus Christi, Texas, Agreements of Arbitration in
regard to right -of -ways on Morgan Avenue with George J. Merriman, Chick
Fogaley, George Taylor, Joe W. Johnson and Max Goltzman and wife, Eva
Goltzman, copies of which contracts are hereby attached and made a part
hereof and read as follows, to -wit;
STATE CY TRW Q
COUNTY OF NUECES 6
b"klMUS, the City of Corpus Christi, Taxes, is desirous of
obtaining certain right-of-ways on Morgan Avenue of said City in order
to paw and improve said streetj and,
jIMERS, George J. Worries, is the owner of certain lands along
said Morgan A,vemal and,
ifiHM&S, The City of Corpus Christi and said George J. Harriman
of susses County, Texas, are unable at this time to agree on a price for
the sale of such right- of-way to the Cityj and
WFLaWAS, said land is situated in Nusces County. Texas, and
described as followas
Being a strip of land 175 feet in length and 10 £set in width., and lying
along the north property line of Morgan Avenue and being a part of Share
4 Tyre quesett 400 Aare Treat, and more particularly described as
follows:
Beginning at a point in the north property line of Horgan Avenue, said
point of beginning bears south 88052'20" east 339.02 foot from the
intersection of the east property line of ��ort iveaue and the north
property line of Uorgan Avenue a distance of 339.02 feet#
Thence south 88052#201 east a distance of 175 Poet with the north
property line of Morgan Avenue to its intersection with the east
boundary line of Share 4, Tyre Pussett 400 Acre Traatj
Thence north 10€37140" west a distanoa of 10 foot with the east boundary
line of Share 4, Pyre Msussett LOO Acre Tract, to a point for a corner
in said line#
Theme north &3052120' most a distance of 175 Poet with a line that is
10 feet north of and parallel to the north property line of Vargan Avenue
to a point for a oornorj
Thence south 1007140" west a distance of 10 fast to .a point in the
south property line of Morgan Avenue, said point being the place
of beginnin&.
NOW, TkliiBiWORE, KNOW &L1 KW BY TdM PRESKUTS#
That the City of Corpus Christi, Texas, hereinafter termed `City"
and George d. Merriman of Nueoes County, Texas, for and in consideration
of one Dollar ($1.00), each party to the other in hand paid, and the
oonsiderstion heroin expressed, hereby agree and oovenaut as follows, to -wits
1. That the parties hereto hereby agree to arbitrate the matters
in dispute between then regarding the amount that should be paid the said
George J. Merriam for the rightrof -way easement over the land har*iaaebovo
described and in doint, such the said City3a to choose one arbitrator and
the said Georg* J. Merriam is to choose Dams arbitrator and the two arbitrators
thus chosen shall together choose a third arbitrator, all of such
arbitrators shall be twenty -ams (21) years of age and citizens of
Carpus Christi, Texas. That said arbitrators shall examine the said
land and make any necessary investigation pertaining to the value of
samo and shall set the fair value of the right -of -way in terms of
SnOuAt of money that should be paid by the City to the said (eorge J.
Merriman. The said arbitrators to take into consideration any improve -
ment to the surrounding property by virtue of the improvement of
Morgan Avenue and any and other pertinent facts bearing upon a Fair
and reasonable amount that should be paid for said right -of -way.
2. It is agreed by and between the parties hereto that they
will abide by the decision of the said arbitrators in regard to the
amount of money to be paid for said right- of-way easement and that the
said City shall pay Such amount to the said Osorge J. Merriman when the
arbitrators' report is made and t',at the $aid George J. i4arriman shall
ezeouts Immediately after such report is made a valid and good right -
of way deed to the follosing described propertyu
Wing a strip of land 175 test in length and 10 feet in width, and lying
along the north property ,dine of Morgan !.venue and boij% a part of Share
4, Tyra 7'.uasett 400 Acre Tract, and more particularly daaacribad as
follows a
Beginning at A point in the north property line of Morgan !Tcnue, said
Point of beginning bears south 88052120" east 339 -02 feet from the
intersection of the east property line of Part Avenue and the north
property lino of Morgan Avenue a distance of 339.02 foot;
Thence mouth 88'052020" east a distance of 175 feet with the north
property line of Morgan Avenue to its intersection with the east
boundary line of Share 4, Tyre Mussett 400 Acre Tract
Thence, north 1007'40" t
7 � west a distance of ZO feet with the east boundary
line of Share 4, Tyre eussett 400 Aare Tract, to a point for a corner
in said line;
Thence north 88052 -20^ west a distance of 175 foot with a linty tat is
10 foot north of and parallel to the north property line of Morgan Avenue
to a point for a corners
DW40e south 1007,40" most a distance of to feet to a point in the
south property line of Morgan Avenue, said point being the place
of beginning.
in which the said oeorge J. Msrriswu agrees to grant and convey to the
City of Corpus Christi, Texas, its successors end legal representatives
the free and uninterrupted use, liberty and privilege, and easement of
going in, en, over, under, and along the abays.described tract of land,
together with the free ingress, egress, and regress to and for the City
of Corpus Christi for the purpose of constructing streets, sidewalks,
curbs, gutters and appurtenances upon said tract and way for the public
use by foot, with automobiles, carts, oarriages, and all other vehicles
and all other moans of transportation necessary or convenient at all times and
in all seasons in, along, 'and upon said tract and vay, as well as for
laying, repairing, servicinZ. and maintaining of public utility lines
and storm sewers in, on, over, under, and elosng said tract or way.
The instrument further stating that the City of Corpus uhristi is to
have and to hold, all and singular, the rights and privileges aforesaid
to the said City, its successors and legal representatives anci the public,
for the proper use as public streets and utility easements or utility
easements for as long as used for such purposes or aqp of them] and if
the use for said tract and way for all of said uses be ever abandoned,
than in that event the aforesaid rights and privileges shall *ease.
3. 'Gene parties hereto agree •toappoint their respective arbitrator*
imnad£ately and prosecute the said arbitration and the things incident
thereto with due diligence arid complete same within a n9ason ble length
of tin not to exceed ten (10) days from the elate of this instrument.
4. It is farther.uoderstood and agreed by the parties hereto
that this agreement is to be binding upon the parties hereto, their
heirs, successors. saeigna and legal repreaentatives forever.
NMMS our hands this day of April, A. D., 191t7.
ATUSTe City Manager, City of orjrss s ,
Texas.
City ore ary
APPROVED AS TO LSGAL FMz
George J. lAwriman
City KftorrAy
THE STATE OF TIMU �
C=Iff OF HIIBCHS SEFOU ME, the undersigned authority, on this day
personally appeared Roderic S. Thomas. City Manager of the City of Corpus
Christi. known to me to be the person whose name is subscribed to the fore-
going instrument as City Manager of the City of Corpus Christi, and acknow-
ledged to me that he executed the same in the capacity as such City vanager,
for the purposes and considerations therein expressed and as the act and deed
of said City of Corpus Christi.
Gim under zW hand and seal of office this the _ day of
A. n., 1947.
ar! Pudio, ueoes commV, .
Tits sxnTa W TU" y
COUNTY OF SUEGW4 I SO C" ME. the undersigned authority, at
this day personally appeared George J. MOrrimm, )moan to mn to be the
Person whose rise is subscribed to the foregoing, instrw aent aad &Gkm s-
ledgsd to Me that he executed the sou for the purposes and consideration
therein expressed.
Given under my hand and seal of office this tlm day of
, A. D-, 1947.
Notary Mile, r oun y, exas.
STATE OF TEXAS #
COUITY OF NUECHS I
WHEREAS, the City of Corpus Christi, Texas, is desirous of
obtaining certain right -of -ways on Morgan Avenue of said City in order
to pave and improve said street; and,
viFiAS� Chick Fogaley is the owner of certain lands along
said Morgan avenue; and,
WIL&RUS, The City of Corpus Christi and said Chick Fogelsy
Of Nusoss County, Texas, are unable at this time to agree on a price
for the sale of ,such right-of -way to the Cityl and
. "'A4US, said land is situated in Busoos County, Texas, and
described as follows
U04k, 1, mots 4 and 5.
aeiug a strip of land 10 feet in width and oonsisting of the most
northerly 10 feet of Lots 4 end 5, Block 1, Corpus heights, and more
particularly described as follows:
Jaginning at the northeast corner of Lot 4, Mock 1. Corpus zfeights,
said point Of beginning; bein; in the south property line of 11brSLn r,,venuej
Thence aouth 28020, west 11.24 feet with the southeast property line of
Lot 4, Block 1, Corpus i0ights, to a point in said liner
Thence north 88052,20" most 188.61 feet with a Line that is 10 foot south
of and parallel to the south property line of '..'organ Avenue to a point
in the southwest property line of Lot 5. Blook 1, Corpus '. geights;
llwnoe north 6104u" west 21-07 feet with the southwest nroperty line
of Lot J, Block 1, Corpus asi&hts, to a point in the south property
line of Fiorgau Avonuo j
Thence South 88052 +20" east 213.20 feet with the south property line
of Morgan fvwrue, some being; the north property line of Lots 4 and 5.
Block 10 Corpus heights. to the place of begimninLe
,NOW, T€ F-VC kt, BbOS ALL Ua by THM PnSENTSw;
TiAT, the City of Corpus Christi, Texas, hereinafter termed "City"
and Chick Fogaley of Nueoes County. Texas. for and in consideration
of one Dollar (11.00). each party to the other In hand paid, and the
uooasidsral-ion herein expressed, hereby agree and covenant as follow8# to -wits
le That the parties hereto hereby agree to arbitrate the matters
in dispute betweun them regarding the amount that should be paid the said
Chick Fogalay for the right- of-way easement over the land hereinabove
described and in doing such the City 18 to choose one arbitrator and
the said :'Chick lagaley', j is to choose one arbitrator and the two arbitrators
thus chosen shall together choose a third arbitrator, all of such
arbitrators shall be twenty -one (21) years of age and citizens of
Corpus Christi, Texas. That said arbitrators shall ezwmine tie said
land and sinks say necessary investigation pertaining to the value or
same and shall set the fair value of the right- ct-Way in terms of
amount of money that should be paid by the City to the said Chick Fogaley.
The said arbitrators to talcs into consideration aqq improvement to the
surrounding; property by virtue of the improvement of Morgan Avenue and
ary other pertinent facts bearing upon a fair and reasonable amount
that should be paid for said right -of -way.
2. It is agreed lay and between the parties hereto that they
gill aoide by the decision oi' the said arbitrators in regard to the
&VIOunt of .nOnoy to be paid for said right -of -sway, easeriasnt and that the
said City shall pay such amount to the said Chick kogalay ashen the
arbitrators' report is made and that the said Chick Fogaley shall execute
immediately after such report is made a valid and good right -of -sway deed
to the following} described propertys
Aock 1. Lots 4 and 5-
Being a strip of land 10 feet in width and Cows stini; of the most
northerly 10 feet of Lots 4 and 5. Block 1, Corpus deights, and more
particularly described as followss
PCEInaine at the northeast corner of Lot 4. 3look 1. Corpus igeig3ts,
said point of ba6in^.inj; i4j ng, i;n t %o "utii property lira of ?SnrLar, imextue;
Thenoe south 281210t west 11.4 feet with tizo southeast property line of
Lot 4, s11004 1, Corpus aoiLhte., to a poixav i_ suit 14 1c;
Thence north 88052,20" want lab.61 feet with a line that is i0 feet south
Of anti parallol to the south property li'uo c.' ?YoriAn Avenue to a point
in t"Is southwest property line of Lot j, Auck 1, Corpus AoiGhtsj
Thanes north 610110+ west 21.87 fast with the southwest property line
of Lot 5i Block 1, Corpus xieights, '-o 11 Pcint in the south property
line of ':`organ ,ALvenuel
Thence south 88052 +20^ east 213.20 feet with the south property line
of Morgan revenue, sarua being the north property line of Lots 1; and 5.
Ploek 1, corpus fioightb, to the place of beginning;.
in which the said Chick Fogaley a4reeg to grant and convey to the city
of Corpus Christi, rexas, its successors and legal representatives, the
free and uninterrupted use, liberty and privilege, and easement of eoing
in, an, over, under, and along; the above described tract of 1".
togethor with tixe free 1,1 Tess, egress, and regress to and for the City
of Corpus Christi for the purpose of constructing streets, sidensalks,
curbs, gutters and appurtenances upon sale tract and way* for the public
use by foot, with autmobileb, carts, carriages, and all other ve &licles
and all other means of transportation necessary or oonvenient at all times and
in all seasons in, alon4, and upon said tract and may, as well as for
layinc, repairing, servicing, sad maintaining of public utility lines
and storm sawere in. on, over, under, and along; said tract or way.
The instrument further statiaj� that the City of Corpus Christi is to
have Lad to -,old, ell arLii siroalar, the rights and privileCes aforesaid
to the said City. Ito stmoossors and legal representatives and the public.
for tlae proper use as public streets and utility easements or utility
easemsxxts for as long, as used for such purposes or arty of them; and if
the use for wr l.d tract ! ne tray for all of said uses be ever abandoned.
tilall .ill that Ovent the P . ?Yfiflft].C. ri } }itR 8;1Si privileges shtll cease.
3. The pal -ties hureto F�Lree to appoint their respective
arbitrators !=I'd iately and prosecute the sold arbitration sr:d the things
incident thereto with due diligence and complete ssme within it reasonable
leaLth of tic not to wrceed yea tl(i) days from the date of' this instrument,
J.,. XU 13 fur -Wier underutood and agreed by the na.rtles hereto
cixat •czis a�;rawaont is to ve bindi.%,- upon the parties heroto, their
heirs, suocessa.s, essi6x3 and legal representaativaz ,°orever.
ATTEM
4'111v3iw our Bands t.iis day of - :pril, . :'. 194.
Secretary
City .danager, Of rpus v i,
Texas.
APPROVED AS TO LuCAL FMJ Chick Voga ey
City orney
'ZHS STATE OF T UAS 4
COUNTY OF NURCNS Q SBFCB MXs the undersigned authority, on.this day
personally appeared Roderic B. Thomas, City teenager of the City of Corpus
Christi, knoem to ae to be the person whose news is subscribed to the fore-
going instrument as City Manager of the City of Corpus Christi, and acknow-
lodged to me that he executed the same in the capacity as such City Meaager,
for the purposes and consideration therein expressed and as the act sad deed
of said City of Corpus Christi.
.i.von under nV hand and seal of offioo thin the day or
A. D. 1947.
T'M STINTR IF TMEV7
M7%TY OF NUME-7 0 M r')W Mr. the undersigned authority, on
this aayl personally appeared Chiak Pogaley, known to me to be the
person whou rime is subscribed to the foregoinL Instrmert and aOkaow-
indged to me tnat he executed the same for the purposes anO consideration
thervixt arpropsed.
Giv,m under my hand and noel, of off Ice this the _ day of
, &. D. 19111.
Rotary Public, Imoces countys Taxan*
STALTS OF TFJAs ¢
COUNTY OF MCkS I
WHRR&W. the City of Corpus Christi, Texas, is desirous Of
obtaining certain right -of -ways on Morgan Avenue of said City in Order
to pave and improve said street] and,
wHMUB, George Taylor is the owner of oarbain lands along
said L2organ . Von s j and,
tVfW FA,S, The City of Corpus Christi and said George Taylor
Of Rueces County, Texas, are unable at this time to agree on a price
for the Bale of such right- cf-way to the City, and
WH AS, said land is situated in Nueoes County, Texas, and
described as.followw,
A strip of lend 10 feet in width and 155.05 feet long, being parts
of Lots 10 and 11, 8104k 12, Segrest Addition, and more particularly
described as follows,
Haginning at the northeast corner of Lot 10!! Block 12, Seegreat addition,
Thence South 2$0200 ' -,sat a distance of ll.Z feet with the Southeast
property line of Lot 10, Block 12, Segreat Addition, to a point on
said property line,
Thence North 88052120° West a distance of 155.05 feat with a line
that is 10 feet South of and parallel to the South boundary line of
Morgan Avenue to a point in the Northwest property line of Lot 11,
Block 12, SeGrest Addition,
Thence north 28020, east a distance of 11.214 test with the northwest
property line of Late 11 and 10, Block 12, Segrest Addition, to a
point in the south boundary line of Morgan Avenue;
Thence south 88052 +20" out a distance of 155.05 foot with the south
boundary line of Morgan Avenue to the place of beginning.
NOW, TH&RGFOn, Moil ALL MM by THISL PREWTSa
T"T, the City of Corpus Christi, Texas, hereinafter tersed "City"
and George Taylor of ltmeces County. Tessa, for and in consideration of
One Dollar ($1.00), each party to the other in hand paid, and the oonaider-
ation herein expressed, hereby agree and oovenant as follows, to -wits
1. That the parties hereto hereby agree to arbitrate the matters
in dispute between them regardiaL the amount that should be paid the said
George Taylor for the right -of -way easement over the land hereinabove
described and in doing such the City is to choose one arbitrator and
the said George Taylor is to choose one arbitrator and the two arbitrators
thus chose shall together choose a third arbitrator, all of such
arbitrators shall be twenty -one (21) years of age and oitiaens of
Corpus Christi, Texas. That said arbitrators shall examine the said
land and Saks coy necessary investigation pertaining to the value of
same and shall set the fair value of the right- of-way in terms of
amount of money that should be paid by the City to the said George Taylor,
The said arbitrators to take into consideration any improvement to the
surrounding property by virtue of the improvement of Morgan Avenue and
any other pertinent facts bearing upon a fair and reasonable amount
that should be paid for said right -of -gray.
2. It is agreed by and between the parties hereto that they
will abide by the decision of the said arbitrators in regard to the
amount of money to be paid for said right-of-say easement and that the
said City shall pay such amount to the said George Taylor when the
arbitrators, report is made And that the said George Taylor shall execute
immediately after such report is made a valid and good right-of-my deed
to the followlnC described property:
A $trip of ,land 10 feet in width and 155.05 feet long, being, parts
of Lots 10 and 11. Block 12, Segrest Addition, and more _particularly
described as follows
Beginning at the northeast corner of Lot 10. Block 12. Segreat ;additions
Thence South 280201 West a distance of 11.24 feet with the Southeast
property line of Lot 10, xslook 12, : Sgreat .Addition, to a point on
amid property linel
Thence Worth 86052020" ast a distance of 155.05 feet with a line
that is 10 feet South of and parallel to the South boundary line of
Morgan Avenue to a point in the .Northwest property line of Lot 11,
Block 12, Segreat addition;
Thence north 260200 east a distance of 11.21 feet with the northwest
property line of Lots 11 and 10, Block 12. Segrest Addition, to a
Point in the south boundary line of Morgan Avenues
Theme 460uth 88052120" east a distance of 155,05 feet with the south
boundary line of Morgan Avenue to the place of beginning.
in which the said 56orge Taylor agrees to grant and ocnvey to the City
Of Corpus Christi, Texas, its successors and legal representatives, the
free and uninterrupted use, liberty and privilege, and easement of going
in, on, over, under, and along; the above described tract of land,
together with the free ingress, egress, and regress to and for the City
of Corpus Christi for the purpose of constructing streets, sidewalks.
curbs, gutters and appurtenances upon said tract and way for the public
use by foot, with automobiles, parts, carriages, and all other vehicles
and all other means of transportation necessary or convenient at all times and
in all seasons in, along, and upon said tract and way, as well as for
laying. repairing, servicing, and maintaining of public utility lines
and store severs in, on, over, under, and along said tract or way.
The instrument further stating that the City of Corpus Christi is to
have and to hold. all and singular. the rights and privileges aforesaid
to the said City, its successors sad legal representatives and the public,
for the proper use as public streets and utility aasesents or utility
easements for as long as used for such purposes or any of them; and if
the use for said tract and way for all of said uses be ever abandoned,
then in that event the aforesaid rights and privileges shall cease.
3. The parties hereto &;;see to appoint their respective
arbitrators imsediatsly and prosecute the said arbitration and the things
incident thereto with due diligence and complete same within a reasonable
length of time not to exceed tea (10) days from the data of this instrument.
4. It is further understood and agreed by the parties hereto
that this agroament is to be binding; upon the parties hereto. their
heirs, successors. assigns and legal representatives forever.
WIT1148S our hands this day of April, A. I). 194,1.
City agar„ City of pi pus s •
Texas.
ATTBSTX
City, Seore cry
APPROVED AS TO LEGAL FORuj urge o
any Attorney
THE STATE OF TEXAS �
CMTY OF liMZS i BIKM M# the underaigned authority, an this day
personally appeared Roderic H. Thanes, City Manager of the City of Carpus
Christi, known to as to be the parson whose Dams Is subscribed to the fore-
going instrument as City Manager of the City of Corpus Christi, and acknow-
le%ed to sa that he executed the same in the capacity as such City
for the purposes and consideration therein expressed and as the act and deed
of said City of Corpus Christi.
Given under my hand and seal of office this the day of
. A. D. 1947.
Notary Public,, Moves County, Texas.
THE STATE OF TEXAS
COUNTY W NU SCES I BEFORE ICE, the undersigned authority, an
this day personally appeared Gorge Taylor, known to me to be the
person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that he executed the same for the purposes and consideration
therein expressed.
Given under ay hand and seal of office this the day of
, A. D. 1947-
Notary a, Nusces Countys Texas.
STATE OF Ta"
COUNTY OF NUMBS
WH'MRWO the City of Corpus Christi, Texas, in desirous of
obtaining certain right -of -ways on Morgan Avenue of said City in order
to pave and improve said street; and,
WHEbtW. Joe V4 Johnson is the osner of certain lauds along
Said Morgan Avenue; and,
RHERS&S, The City of Corpus Christi and said Joe v. Johnson
of Hueces County, Texas, are onabls et this time to agree on a price
for the sale of such right- of-way to the City; and
i9+2MMS, said land is situated in ilueoes County. Texas, and
described as follows
Being a strip of laild 150.56 feet in length and 10 Peet in width and
psinf part of Shays 4, Tyre Wasett 400 pore Tract, and Vore
artioularly described as follows:
Beginning at the intersection of the east boundary line of Fort Avenue
and the north boundary line of Fforgan Avenues
Thence south 88052120" east a distance Of 150.56 fast with the north
boundary line of Msrgan ATOMS to the southe«st corner of the Joe .
Jelssson Treat and the southwest corner of the F ederiok *4regor.Tracts
Thence north 1007$40* east a distanss of 10 feet with the east property
line of the Joe N. Johnson Tract and the rest property line of the
Frederick McGregor Tract to a point in the said property line;
Thence north 88052020" east a distance of 150.5 feet with a line
that is 10 feet north of and parallel to the north property line of
Morgan Avenue to a point in the east property line of Port Avenues
Thane south 1007010" vast 10 feet with the south property fins of
Port Avenue to the piano of bsgimia4'.
X04, TiL�RrA"ojtg, KN04 ALL fl3kid By THESE PRESSNTSb
T1ilsT, the City of Corpus Christi, Texas, hereinafter termed "City"
and Jos "_. Johnson of biueoes County. Texas, for and in consideration of
One Dollar (fL.00), each party to the other in hand paid, and the consider-
ation herein expressed, hereby agree and covenant as follows, to -wits
1. That tine parties hereto hereby agree to arbitrate the matters
in dispute between them regarding the amount that should be paid the said
Joe IT. Johnson for the right- of-wsy easement over the land hereinabove
described and in doing such the City is to Choose one arbitrator and
the said. Jos ;. Johnson is to choose one arbitrator and the two arbitrators
thus chosen shall together choose a third arbitrator, all of such
arbitrators shall be twenty -one (21) years of age and citizens of
Corpus Christi, Texas. That said arbitrators shall examine the said
land and make any necessary investigation pertaining to the value of
same and shall not the Pair value of the right- of-way in terns of
amount of money that should be paid by the City to the said Joe 4 Johnson.
The said arbitrators to take into consideration any improvement to the
surrounding property by virtue of the improvement of Morgan Avenue and
any other pertinent facts bearing upon a tilp and reasonable aasunt
that should be paid for said right -of -sway.
2. It is agreed by and between the parties hereto that they
will &bids by the decision of the said arbitrators in regard to the
&mount of money to be paid for said right-of-way easement and that the
said City shall pay such amount to the said Joe Johnson when the
arbitratoW report is made and that the said Joe €j. Johnson shall execute
immediately after such report is made a valid and aood right -of -way deed
to the following described property&
3aing a strip al land 150.56 feet in length and 10 feet in width and
being part of %are 4. Tyre Vassett loo Nora Tract, and more
particularly described as followat
Beginning at the intersection of the east boundary line of tort lvenus
and the north boundary line of Wrgan Avenue;
ThenCO south 88052 *20" east a distance of 150.56 feet with the north
boundary line of i,tr6an .ivenue to the southeast corner of the Jos eti.
Johnson Tract and the southwest corner of the Frederick McGregor Tract=
";'hence north 1047,40" east a distance of 10 feet with the east property
line of the Joe 4- Johnson Tract and the rest property line of the
Frederick McGregor Tract to a point in the said property line;
Thence north 88052 *20" east a distance of 150.56 feet pith a line
that is 10 feet north of and parallel to the north property line of
Dorgan 'venue to & point in the east property line of Port Avenues
Thence south 1007'40" want 10 feet with the south property line of
Port ::venue to the place of beginning.
in which the said Joe .. Johnson Agrees to grant and Convey to the City
of Corpus Christi. Texas, its successors and legal representatives, the
free and uninterrupted use, liberty and privilege, and easement of going
in, on, over, under, and 410AL the above described treat of land,
together with the free ingress, egress, and regress to and for the City
of Corpus Christi for the pprpose of constructing street&, sidewalks,
curbs; gutters and appurtensaces upon said tract and way for t;u public
use by :;out, Ni V1 automobiles, carts, oarriagaa, and all other vhhicles
and all other ,-.means of transportation necessary or convenient at all times and
in all seasons in, along, and upon said tract and way, as well as for
laying, repairing, servicing, and maintaining of public utility lines
and storm sewers in, on, over. under, and along said tract or wag.
The instrument further stating that the City of Corpus Christi is to
have and to hold, all and singular, the rights and privileges aforesaid
to the said City, its successors and legal representatives and the public,
for the proper use as public stints and utility sssements or utility
easements for as long as used for such purposes or any of them; and if
the use for said tract and way for all of said uses be ever abandoned,
then in that evant the aforesaid rights and privileges shall cease.
3. The parties hereto agree to appoint their respective
arbitrators immediately and prosecute t3ie said arbitration and the things
incident thereto with due diligence and eomplete same within a reasonable
length of time not to exceed ten (10) days from the date of this instrument.
is. It is further understood and agreed by the parties hereto
that this agreement is to :Lie bindin,6f upon the parties hereto, their
heirs, successors, assigna and legal representatives forever.
WITNESS our hands this day of April, A. D- 1�47.
y or, City orpus s ,
Texas.
ATT&8Tr
City Secre
APPROVED AS TO LEGAL FMWI Joe 61. on '
City Attorney
UE STATE OF TRUS a
COUNTY CP Xmas I BUMS iX, the undersigned authority, on this day
Personally appeared Roderic B. Thames, City Manager of the City, of Corpus
Christi. known to ms to be the person whose name is subscribed to the fore -
going instrument as City Manager of the City of Corpus Christi, and acknow-
ledged to ms that ,Is eaeouted the same in the oapacity as such City Manager,
for the purposes and consideration therein expressed and as the act and deed
of said City of Corpus Christi.
Given under my hand and seal of office this the day of
. A. D. 1947.
Notary p3lic, x4eaes Qpimv, Texas.
THE BUTT OP Mus
COUNTY -R "3033 1 HEFCRE My the undersigned authority, an
this day personally appeared Joe !Ti Johnson, known to ms to be the
person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that he executed the name for the purposes and consideration
i:.mein expressed.
Given under ny hand and seal of office this the day of
A. I:. 1947•
Notary FU Q. knower County, Texas.
IT&Tj; OF UJAs
001AITT OF, Huzaa
WUR&W# the City of Corpus Christi, Texas, is desirous of
obtaining certain right -of -ways On Morgan Avenue of said City in order
to pave and improve said Straetj and,
W)M"-S, Max GOlts*A= and wits, h;V& UOItSA=. are the owners
of certain lands along: said Morgan 'Yaaue; and,
WNAL&i, the Oity of Corpus Christi and said iAax Goltxmaz and
Wi2e. T;" iiQlzzzu=s Of IWO668 County. Texas, are unable at this time to
agree an a price for t.;o sale o such right-of-way to the city; and
WffixkZAS. said land in situated Jr. Hu6cog County, Texas, and
described me follows,
block 21, Lots 4 slid 5. 306reat Addition.
Being a strip of land 10 feet in width am 155.05 feet in length lying
alonb the north boundary line of lot 5, Block 21, 5@&r*st Addition,
and. more particularly described as followar
;�oginning at the northeast comer of Lot 5, :',lock 21, Forrost ddition
said point of beginning being in the south property line of Nor6an
Avenue
Theme south 28020, :rest 11.4 fast with the southeast property line
of Lot 5, Alook 21, Segreat iddition. to A point in said line;
rhww6 north 8^2120" L,'eat 155.00 feet with a line that is lo feet
south OX' and PaX61181 to the south property line of Norgan Avenue to
a point in the northwest property line at Lot 4s Jlock 21, 3s)Lrost
Addition;
TAenco north 28020, east 11.24 Post with tine northwest property line
Of LOts 4 and 5. 3look 21, Sogrest Addition, to a point in the south
boundary 11. of Morgan Avenue]
Thence south 88052,20" east 155-05 feet to the place OT beginning.
NOR, VUROPORE, KNOVi ALL -,y TILLS 1'RESPNITSs
THAT, the wIty of Corpus Christi. Texas, hereinafter termed "City*
and lea 'olts" and wife, ';v& GOItsmWn, Of Nuecen County, Texans for and in
consideration of ono Dollar (41-00), each party to tht-, other in hand paid,
and the consideration herein expressado hereby agree and covenant as
follows, to-wits
1. That the parties hereto hereby agree to arbitrate the matters
in dispute between them raeardiz%6 the amount that should be paid tlm said
!'ax "3Oltzr-&M ft:ld wife, -Rva :ioltzman for the right- of-way easement over the
lard hereinabove described and in doinL such t�
,e city is to choose one
arb.1trator and tba said ^;*x Goltzmw, and wife, =va (ioltzman, are to choose
one arbitrator and the two arbitrators thus chosen shall together choose a
third arbitrator, all Of such arbitrators shall be twenty-one (21) years of
age and citisens of Corpus Christi, Texas. That said arbitrators shall
examine the said land and make any necessary investigation pertaining to
the value of same and shall set the fair value of the right-of -way is
terms of amount of money that should be paid by the City to the said Max
Goltsman and wife, Jive Goltsman. The said arbitrators to take into consider-
ation any improvement to the surrounding property by virtue of the im-
provement of Morgan Avenue and any other pertinent facts bearing upon a
fair and reasonable amount that should be paid for said right -of -way.
2. it is agreed by and :etween tae parties hereto that they
will abide by the decision of the said arbitrators in regard to the
amount of money to be paid for said right -of -array easement and that the
said City shall pay such amount to the said Max Goltsmen and wife, Bva
Goltsmaa, when the arbitrators' report is made end that the said Max Golts-
san and wife, Eve Goltsmaa, shall execute immediately after such report
is made a valid and p;,00d right- of-way, deed to the following described property:
Block 21, Lots 4 and 5, Segrest Adition.
tu+ing a strip of land 10 feet in width and 155.05 feet Ara length lying
along the ncr th boundary line of Lot 5, 3look 21, Sagrest addition,
and more particularly described as follows:
Oeginaing at the northeast corner of Lot 5, Block 21. Segrest ,ddition
said point 01' beginninnf. beinv in the south property line of MorEan
Avenue;
Thence south 28020* Blest 11,24 foot with the southeast property line
of Lot 5, Block 21, Segrest adition, to it point in said lines
'Whence north 88052,20" Went 155.05 feet with a lisle that is 10 feet
south of and parallel to the south property lime of Horgan Avenue to
a point in the r_orthwest property line of Lot 4. Block 21, Segrest
Addition$
Thence north 28020, seat 11.24 rest with the northwest property line
of Lots 4 and 5, Block 21, Segrest ,Addition, to a point in the south
boundary line of Horgan Avenue,
Thence south 88052,20" east 155.05 feet to the place of beginning.
in which the said Max Goltsman and wife, SVR Goltaman, agree to grant and
oonvey to the City of Corpus Christi, Texas, its successors and legal
representatives, the free and uninterrupted use, liberty and privilege,
and easement of going in, on, over, under, and along the above described
tract of land, together with the free ingress, sprees, and regress to and
for the City of Corpus Christi for the purpose of constructing streets.
sidewalks, curbs, ;;utters and appurtenances upon said tract and way for
the public Use by foot, with automobiles, oarts, carriages, and all other
vehicles and all other means of transportation neoessary or convenient at
all times and in all seasons ism, along, and upon said tract and way, as
well as for laying, repairing;, servicing, and maintaining of public utility
lines and atom sworn, in, on. aver, under, and along said tract or way.
The instrument further stating that the City of Carpus Christi is to have
and to hold, all and singular, the rights and privileges aforesaid to
the said City, its successors and legal representatives and the public,
for the proper use as public streets and utility easements or utility
easements for as long as used for such purposes or any of them; and if
the use for said tract and we, for all of said uses be ever abandoned,
then in that event the aforesaid rights and privileges almll cease.
3. The parties hereto agree to appoint their respective
arbitrators Immediately and prosecute the said arbitration and the thing&
incident thereto with due diligence and complete same within a reasonable
length of time not to exceed ten (10) days from the date of this instrument.
4. It is further understood and agreed by the parties hereto
that this agreement is to be binding upon the ,parties hereto, their
heirs, successors, assi4mu and legal reprsseatatives forever.
41TUSS our hands this day of cpril. G. L). 1947.
City Manager. City of rpw Mr =s.
Texas.
ATTE m
nity Secretary
APP&OVW AS TO UMAL F(T i
Max Goltsman
City Att csraey
TIM STATE OF TUAS
COUNTY OF NUECES 0 MFCRS MR, the undersigned authority, on this day
personally appeared Roderic B. Thomas, City Manager of the City of Corpus
Christi, knaim to me to.be the person whose name is subscribed to the fore-
going instrument as City Manager of the City of Corpus Christi, and acknow-
ledged to me that he executed the same in the capacity as such City Manager.
for the purposes and consideration therein expressed and se the act and dead
of said City of Corpus Christi.
Given under 7W hand and seal of office this the day of
4. D. 1947-
Notary Public. Musces County, TUaWs.
THE STATE W TUAS
CMNTT OF &LIMES I BETM ME, the undersigned authority, on
this day personally appeared Max Qoltsman, bom to me to be the persons
whose name is subscribed to the foregoing instrument and aekmowiedged
to me that he executed the sate for the purposes and consideration
therein expressed.
Giver under air hand and seal of office this the day or
. A. D. 1947.
o ary o, ueees CMAUtY. as.
THE STATE of Tra"' i
count' OF NUWLU j BEFOR4 Di . the undersigned authority, on this
day personally appeared tva uoltsman, knows to me to be the person whose
as s is subscribed to tae £orsgoL%, instrument, and having, been examined
by me privily and apart from her husband, and having the same fully sx-
plained to her, she, the said E`ca Goltsman. maknorledged such instrument
to 'be her act and deed, and declared that she had willingly signed the
same for the purposes and consideration therein expressed, and tntt she
did not wish to retract it.
Owen uxader ry hand and seal of office, tbuis the day of
V;MFY"�"ui� aTf ; I�'ue'aai�"aiaty; :
SECTION 2. That in accordance with said contracts herein
mentioned Rae Easley of Corpus Christi, Texas, is hereby appointed to
serve as arbitrator in behalf of the City of Corpus Christi, in regard
to all of the contracts herein mentioned.
SECTION 3. The fact that it is necessary to obtain right -of-
ways on Dorgan Street immediately in order not to delay the paving and
improving of such street which is badly needed at this time creates a
public emergency and public imperative necessity requiring the suspension
of the Charter rule 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 several meetings of the City Council,
and the Mayor having declared that such public emergency and imperative
necessity exist, and having requested that such Charter rule be suspended,
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.
PASSED AND APPROVED this Z'jwY' day of < ILL , A. D. 1947-
MAYOR -
1 C •n ��
City of Corpus Christi, Texas.
ATTEST:
City Secretary
APPROVED AS TO LEGAL FOR9Ms
City Attorney
Corpus Christi, Texas
April ',' , 1947
TO THE MMABERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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, hereby 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,
MA R7 Pm
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Viesley E. Seale n D
4: .:
George R. Clark, Jr.
John A. Ferris _7—
R. R. Henry
Joe T. Dawson
The above ordinance was passed by the following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
�� 77