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HomeMy WebLinkAbout03034 ORD - 05/08/1951f 30 J � AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, 70 ACRES OF LAND OUT OF SECTIONS 17 AND 29 CP THE FLOUR HIM AND ENGINAL FARM AND GARDEN TRACTS, BOUNDED ON THE NORTHEAST BY BECENER ROAD AND ON THE MUTHWFST BY THE CAYO DEL OSO IN THE COUNTY OF NUECES AND STATE OF TEAS, TO BE USED FOR PARK AND OTHER MUNICIPAL.PURPOSES, WHICH LAND IS MORE FOLLY DESCRIBED IN THE COPY OF DEED TO BE ATTACHED HERETO: SAID LAND TO BE PURCHASED FROM L. C. ANDREWS, TRUSTEE, FOR THE CONSIDERATION OF SEVENTY -EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ( #78,750), WHICH SUM IS HEREBY APPROPRIATED FROM NO.111 TRUST FUND TO COVER THE COST OF SUCH CONVEYANCE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO COMPLETE SAID PURCHASE; AND DECLARING AN•EMERGENGY. 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 and directed to acquire for and on behalf of the City of Corpus Christi, Texas, 70 acres of ]and out of sections 17 and 29 of the Flour Bluff and Encinal Fam and Garden Tracts, bounded on the Northeast by Beckner Road and on the Southwest by the Cayo del Oso in the County of Nueces and State of Texas, to be used for park and other municipal purposes, from L. C. Andrews, Trustee, by Warranty Deed, a copy of which is to be made a part hereof and attached hereto, after approval of the description therein by the Director of Public Works and the approval of the form of said deed by the City Legal Department, for the consideration of Seventy-aught Thousand Seven Hundred Fifty Dollars. �03'� OFFICES T IN is SU RAN,,,., TsTLE GL': —i—, INC, Pj, pc\0 pF Vx i;,ente, i pf;nclod rr-unt-ts "he slit, for OFFICES TsTLE GL': —i—, Pj, OFFICES Pj, i;,ente, i pf;nclod rr-unt-ts "he slit, for 'gF :Yln•.,•,.rp `a, i:i n r•5 ' �', `• ; i.r,;'� ^' 7T +n't, w y tY ;SlOJB,�acr` ,TO: a " . .i.' f• ,FOCLQWING L{$NS• a -ti•:h .�',' .{�';._ k, r -1 ^n'� =ice. _ jY ". _ .7 i`. �.r •_�eMii •�'F''i'Z _'4 �.,, •i . ,6; ° "a•..'j Eifr'h 'io OIL "j1 �.p6, Se, t Q, i02i`,�. k` °:'n •;e -; ig?• {'� X`i�`a �(�fi,.lush iith Fi ground rgec�� c e;marlker° 'J� 11,2:•$''60 57';'.20?' 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ANflR';`$fiiT7 'to CIT -VtbF Comm CMISI7, 'iidtted'J'ul .3i2 " 1 �' 8 s 95l ' flact,'f "o9� red`° lu13'274 95i.,^ er Yile #3�182s�.�_. ..: ' • s" . •:4..`•r°�v}�r.-'• YD'S.. n 2'Y ` , x ti•',R } it :'J;. •- C. :: '•,.I . ✓.. ^.. S,,,K.;,.J ��, :;:. s�" zy6rrw .� ;v�h�%•�:'`{.�`'s+itr�:� .r..�r f�i�t�; - ^.> 1y _�..�.; '9��a' ?_ �z ��,�r�'�5. i.�,ertr•f �`F'W;A:�rr %.'�;t s` .l?` ...vky �::. 'x,1; v: ,'•'. - ••�' �,'¢ %�i- �tit,.,ry �_•w _ • i'r 2 �t'i�t;i.•:I - - '_'f���';•yyY��``'{{ ��^.,,'`iYn ��;�':��c�; A 2. 1. E,COVENANTS AFFECTING THE PROPERTY ABOVE DESCRIBED. 3. V -0 talned a correct surve ES FOR THE CURRENT YEAR. 7- 'Right -of -way easement rrom 1:ditft R. Be ekner to nOustOn Niltural Gas 0 -,dated 3-18-41, Vol. 270/57 Deed hecords. 84 IA-6f-way Aasemey,It from Edith R. Bfckner tc, "N'Liecell Cc,,2nty, filed 5-11-!42,,Vol- 279/487 Deed records. �9- Those certain 'water pipe line easements as assigned by Niteces Naval Bass Water Supply korp., to Cit y of 'Corpus Uhristi, -23-46 Vol 343/10— BAI- C--PkH' •lL NOT I. A C.—MY C LIABLE FOR —.0 THAN ACTUAL M'HZ'-' "" OF -1— 1-1. AN. II,i — CIA- —IL Ul. ,._-SV FRTY EIGHT THOUSAND SE-L,Ejj MhWED FIFTY AED NO /1 0 0 - 478, 750 . 0 O)DOLLARS DOLLAR..... PMALI, AT 11. OwN C11.1. —11. U 'A" IN ....... . V ... SUIT OR P....1 ANY C,­ ..A,-,., AYR ..­ TO AH, ANT PART........ TO 'N- THE rAArY nh 'A-'- &CASONAISLI —9 AFTER THIT COMMEKCKMENT or SUCH -Utr OR PROLE —C AND IN A—C TIMC ION DEPENS. 'MC­N 111. SAID c-1-1 ... NOTICE or TM# PtNU44CY OF THE SUIT CO P4=tXD;jG, AND AUTHORITY TO GILF—C. — .11. C.—I ..A- No, BE "-,C —111 N•H �DVFR—"AIM ONAIGHT SHALL HAVE flESN -LR VALID C1 A COUNT OF LA- RESORT TO WHI­ TITHE. LITIGANT I— -- A4D If SUCH AL­SE CLAIM OR RIGHT i14,SSTIDLIRKED SNAlt - FOR LESS THAN Tffr WHOLIC OF INS —0-71. IAZN TNC LIA— ITY OF THC C­­ 311ALL - ONLY SUCH PART OF THU WHOLC LIABILITY LIMITED AAdV9 AS SMALL NEAR THE SAME RATIO 'O -C WHOLE LIABILITY THAI THE --Bg CLAIIH C, ­Nr 1. THE —Ol. 1. THL Ablf­ OF NOTICE 19 A-D—AID THE COMPANY IS -Llt— FAOH ALL L-11-17Y ­H RC9PtCT TO ...x CLAIM OR OCMANDI FROVtOCD, MQVIEV—. THAT'FAILUM TO NOTIFY SHALL NOT FRSJUDICX THE SERVED .... ... C-E T"--. .1 HAVE ANY ---- ASS.... SMALL NOT t I PARTY TO SUCII ACTION OR I•ADC­"" CLAIM -1 I-L A— IF -H NOR IN ANY ""`L UHLASt THE COMPANY SMALL WK ACCUALLY ­SJUDICSD BY SUCp FAILURE 1510H PA4MCNT 01` ANY LOSS IMF CO.— SNAIL BE ISM—L.. TO .. ....DOMED TO All —M- Or —U.- A—.11 ALL UPIH I GALE OF T"L rROPORTY OOVERLO Mr"S8y. THIS POLICY AUTDNAtICALLV TH-11ON bWAI L It—AIS I *11SANT- I ....... . SMALL M. A -F-D Q) TCH" F— —% 1"N DATE HS—or FIENIA., F. DLY PMOTK I® .5m.—H. TNC T.... "CPSOF. BY R945ON Or THE PAYMENT OF ANY LOSS HE OR THS, MAY SUSTAIN 6H -COUNT OF ANY ­.—IT C.-Al"m IN THE DEED If-cUTED uY I—TEO CONYBYINO SAID rROP-TY. THE COMPANY TO BE L—kC U%.ER SAID WAR.A.TY ONLY `I --N OF -rccT., LIEN. Ch —UNIVRANCE0 EXISTING PRIOR TO OR AT TH.'— —S.1 I— NOl EXCEPTED A90V¢I 9UTM NOT TO SYC— THE AMOUNT ABOVE IN WETNESS WHERECIP, TNC 5WWART TIT- rUAR1NtY C­rANY HAS CAUSED -11 C—Irt—C TO AC ­CUTE. MY IT. r­­1 UKptp IRS— OF SAID C-1-13 BUT THrb ­,ICATE SMALL HOT BE VALID U—S —)NTZRGID­ SY TIKE COMPANY'S AIIORNSY TMIU 27th — DAY OF ---JulT-.---5j­ATC'017Pu8 Christir- STEWART TITLE GUARANTY COMPANY z COUNTER9331l.M. Z1(1 -.a-,; A7rfdRW,; THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT 4 I. C. ANDREWS, Trustee, of t�e County of.Nueces, ' State of Texas, for and in consideration of the cum of Ten and no/100 ( :10.00) Dollars and other good and valuable considerations, to me in hand paid by the CITY OF CORPUS CHRISTI, Texas, a political sub- division of the State of Texas, subject to the exceptions, reservations provisions hereinafter set out, have GRANTED, SOLD AND CONVEYED, and do by t base presents GRANT, SELL AND CONVEY, unto the said CITY OF CORPUS CHRISTI, Texas, a political subdivision of the State of Texas, in the County of Nueces, all that certain tract or parcel of land situated in Nueces County, Texas, described as follows, to -wit: A tract of land containing 70.00 acres, situated in Nueces County, Texas, on the waters of Oso Bay, an inlet or arm of Corpus Christi Bay, about 8 miles S 25 degrees E from the County Courthouse. Said 70.00 acre tract is in the Rincon del Ono grant to Enrique Villareal, Abstract 1, and embraces a small portion of the north corner of Lot 1 in Fractional Section 29, and all of Lots 6, 7 and 8, the northeast portions of Lots 19, 20 and 21, and the unnumbered lot lying northeast of Lot 8 and southeast of Lot 5, in Fractional Section 17, all in the Flour Bluff & Encinal Farm and Garden Tracts, being described by metes and bounds, as surveyed, as follows: BEGINNING at a 1 -inch iron pipe set 6 inches below the surface of the ground in the northwest boundary line of said Lot 19 and southeast boundary line of Lot 18 in Section 17 of Flour Bluff and Encinal Farm & Garden Tracts, for the west corner of this survey, being in the center of a 40 -foot public roadway running northeasterly and southwesterly, whence a point, the common corner of Lots 24 and 25 in Section 17 and Lots 5 and 6 in Sec- tion 18 of Flour Bluff & Encinal Farm & Garden Tracts bears S 29 degrees 01 minute 10 seconds W 2170.00 feet; THENCE N 29 degrees 01 minute 10 seconds E, along the center- line of said public roadway ranning northeasterly (the graded por- tion of said roadway lying entirely to the right of line) with the southeast boundary line of Lots 18, 9 and 5, and northwest boundary line of Lots 19 and 8, and of said unnumbered lot lying northeast of Lot 8 and southeast of Lot 5, all in said Section' 17, at 1790.00 feet, a 1 -inch iron pipe set 4 inches deep for the common corner of said Lots 8, 9 and 5, and lot unnumbered, being at the northeast extremity of said public roadway running northeasterly, whence a 1 inch iron pipe, set flush with the ground for roadside marker, bears S 60 degrees 57 minutes 20 seconds E 20.00 feet; at 1993 feet, the top of the sloping southwest bank of said Oso Bay, in all, _} VM 5 mabb4 TO HAVE AND TO HOLD the above described premises, to- gether with all and singular the rights and appurtenances thereto in anywise belonging unto the said CITY OF CORPUS CHRISTI, Texas„ a political subdivision of the State of Texas, its successors and assigns forever and subject to said exceptions, reservations, and provisions herein contained, I do hereby bind myself, my successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the said pre- mises unto the said CITY OF CORPUS CHRISTI, Texas, a political subdivision of the State of Texas, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS my hand at Corpus Christi, Texas, this 1� day Of July, 1951. /f . C. Andrews, Trustee THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, the uncersigned authority, on this day personally appeared L. C. ANDREWS, TRUSTEE, 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 and in the capacity therein expressed. • F i' GIVEN :UNDER MY HAND AND SEAL OF OFFICE, this the 1,?..4 +day of July, 1951. "g// ,�' ?rl' •i r., " ��: ' . _... _ lJ�'s.. � �lJGiar /G�je,, . n�•.o` No yPybi`c �n•ezed f@s Nuecesl:ey y, Texas 2220.18 feet to an old 1 -1/2 inch iron pipe, found flush with the ground on the southwest shoreline of said Oso Bay, the east shoreline corner of a tract of land in the name of the City of Corpus Christi, the site of the Oso Sewage Disposgl Plant, for the north shoreline corner of this tract, being at the foot of said sloping southwest bank of Oso Bay; THENCE in a general southeasterly direction, with the meanders of said southwest shoreline of Oso Bay and foot of sloping bank, S 40 degrees 24 minutes 30 seconds E, 184.53 feet, S 21 degrees 35 minutes 10 seconds E 749.24 feet, S 16 decreed 02 minutes 00 Seconds E 260.37 feet, S 4 degrees 36 minutes 50 seconds E 372.74 feet, S 22 degrees 25 minutes 10 seconds E 267.85 feet, 5 57 degrees 16 minutes 40 seconds E 220.53 feet, S 80 degrees 49 minutes 40 seconds E 220.53 feet, S 59 degrees, 47 minutes, 30 seconds E 245.33 feet, S 28 de- grees 46 minutes 40 seconds E 235.33 feet, and S 14 degrees 24 minutes 00 seconds E 56.82 feet to a point, for the east shoreline corner of this tract; THENCE S 52 degrees 41 minutes 20 seconds W, crossing a portion of said fractional Lot 1 in Section 29 and a portion of said Lot 21 in Section 17, 991.49 feet to a point for the south corner of this tract; THENCE N 60 degrees 57 minutes 20 seconds W. parallel with, and 2170,00 feet northeasterly, measured at right angles, from the southwest boundary line of said Sections 29 and 17 and north- east boundary line of Sections 28 and 18, of the Flour Bluff & Encinal Farm & Garden Tracts, 1865.00 feet to the place of beginning; containing an area of 70.00 acres. There is hereby excepted from this conveyance and reserved to the grantor, his successors and assigns, an undivided one -half interest in and to all oil, gas and other minerals in and under and which may be pro- duced from the above described premises, including the right and power at any and all times to grant oil, gas and mineral leases and to enter into development contracts concerning or with respect to the grantor's re- served interest, together with the right of ingress and egress at all times for the purpose of exploring, mining, producing, storing and transporting same; provided, however, that grantor herein, his beneficiaries, successors and assigns, shall have no right to make any oil, gas and /or mineral lease or to enter into any development contract concerning the reserved interest which does not contain a provision requiring the Lessee to obtain the written per- mission of the Grantee herein to the location of any derricks, slush pits and /or any other installation which might in any manner interfere with Grantee's use of such premises for park purposes. ; This conveyance is expressly made subject to all recorded easements, rights - of -way and restrictions of record in Nueces County, Texas, affecting title to such property. 7— Capital and Surplus r1ver $2,000,000.00 TITLE GUARANTY COMPANY o3p TEX AS") NUMBER AMOUNT REF 1 AW R swwARTTITLE GUARANTY COMPANY (OFTEXAS) HEREJ14C.ALLF0 PANY, FOR VALUE. DOES HEREBY GUARANTEE TO CITY -i' 01-EISTI- IiJC ,S-';kr HEREIN STYLED INSURED, lTZ /ejKjQ1*')DK na 7L X y J, Ap,\4 D a j X P NX IT HAS GOOD AND INDEFEA�.IBLE TITLE: TO THE FOLLOWING DE'SCk,"LO : REAL PROPERTY. A tract of land cohialniv. acres, situated in Nue, A 1*01,as, on trio i, of 13Ay, ray, about ej niles S , an inl-.t or arm of Corpus 1 '5' Z,; frora the ;;ounty Obvrthottse. SFA.',! ,Q,00 acre tract is III J;1,1e Rincot. del Oso grant to F-irique Villarenl, A1,3tract 1, and a q:vn1l - portic,-: of the north oorrinn rf !,ot 1 In FraCtiOnP-1 60--iion 2%yl, and all of 1--ots 6, 7, r-rvJ 8, tl"- -r-t`,P,'ast portl)ns of 1?, 20, aid 21, and the unnumbered lot +e -)vthoast of Lot ,1 91-d .1,. -,theast. .of Lot 5, in Practinial If, all In tie Flouz, &,&nciruil Fax,", ! Garden, Tracts, bein� ,uy met■• :; u• i a3 ,il4yed, as 'follows, PogirmlnF at a 1-inoli I.Pon pipe set 6 inches below the surfaeo LV th� ground in th,4 bound- ary line of said Lot 19 and acct: f-nzL boundary line CX Lct 16 in Section'17 of Flour B:-uff• &• Fn• ,,inal TrCI,ts, for tho West corner of tbia surrey, Itni-og in tl)a :sf -r, L-0-f-.-jt public roadway run2ting arle wluin--•� rk paint, the common corner cf Lens 2;, and zL; in �'.ecttou 17 F-n,: Lots 5 and 6 in Sgetion 18 of Flv,ir Blvlf 1; Encinal .'trd&n Tvac 1.:3 bcara S 290 Olt 10" V,- 217v-(0 leelb, Th,nco 2VO -.)11 1,)" P., aloe,; tha centerline of said vunritrs, nQrtheastpi•ly (tho graded portion of said roae'%vay lyir:i,,, ei,t1voly to t:ia :�Aght :.:f linj), with the Soutbeact boun�ar:y 11n6 -f Lot.-, 18; Via, s.Lind 5, at:,' northwest bo-andRry linf of iots 11�, w., Z!, of sa143 ..mnu.mbc)red 1,�t. lyltig northeast of Lot 0 arid .,:' L,-t '�), e-11 in r'. iii 17, at 1790-00 faot, a 1 14 :3ct 4. ln�l:o3 -..ec;, fcr the cormion corner of said lots (:p „ Erl•. to .. ... �0, br�j.-I; at tjj•+ rGrt1--- ';] -111.�Ly runn".., past axtveyrAt.p, ,f o-t—1 In,n r:-�, ,« p.,},,,,. s,>,. awww..± W,•:,.- �.., a• a .nw•.,..:..,..�.�..w,xra«.«.... �,wsw.». a.�: .,�. -�« r.- .a,�- c..:�. .r. .,..- . SECTION 2. That there is hereby appropriated Seventy, Eight Thousand Seven Hundred Fifty Dollars ($78,750) from No. 311 Trust Fund to be paid as consideration for such conveyance described in Section 1 hereof. SECTION 3. That the City Manager be and he is hereby authorised and directed to do all things incident and requisite to obtaining the title and possession of said land. SECTION 4. That the necessity of utilizing a pation of the funds obtained from the sale of Outh Park, and the aforesaid pur• chase having been deemed dwireable,— ' the necessity of making ap- propriation therefor immediately creates a public emergency and an imperative public necessity requiring the suspension ot-ths Charter rule that no ordinance of 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 118yor, declaring such emergency and necessity to exists having requested the suspension of said Charter rule and that this ordinance be passed final- , ly on the date of itsintroduction and that it take effect and be in full force and affect from and after the date of its passage, IT IS ACCORD- INGLY PASSED AND APPROVED This the d" dap f may 1951. MAYO THE CITY OF CORPUS CHRISTI, TEAS AT Ts 4� y acre ary APPROVED AS T LEGAL FOHM2 3'j�ey Corpus Christi, Tema TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons not forth in the emergency clause of the fore- going 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. 3134 Respectfully, MAYOR ---`� City of Corpus Christi, Tema The Charter rule was suspended by the following votes ' • Leslie Wasserman a Jack DeForrest^ Barney Cott Sydney E. Herndon George L. Lawmen The above ordinance was passed by the following votes Leslie Wasserman I.GGS� Jack LeForrest Barney Cott Sydney E. Herndon George L. Lowman 3134 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing Ordinance is in the Treasury of the City of Corpus Christi to the credit of No. Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 0AMR;ff"-I -- Director of Finance 41