HomeMy WebLinkAbout03034 ORD - 05/08/1951f
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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.
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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
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COUNTER9331l.M.
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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