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HomeMy WebLinkAbout03122 ORD - 09/04/1951AN ORDINANCE REPEALING ORDINANCE NO. 3108 PASSEDAND APPROVED ' BY THE CITY COUNCIL ON THE 77H DAY OF AUGUST, 1951, AUTHORIZING THE EXCHANGE OF QUITCLAIM DEEDS AS TO CERTAIN PROPERTY HEREIN DESCRIBED BY AND BETWEEN THE CITY AND TIE TEXAS MEXICAN RAILWAY COMPANY FOR THE REASONS HEREIN STATED, AUTHORIZING ANDDIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A DEED CONVEYING TO THE TEXAS MEXICAN RAILWAY COMPANY THE HEREINAFTER DESCRIBED TRACT OF LAND IN WATER BLOCK 2, BEACH PORTION OF THE CENTRAL WHARF AND WAREHOUSE ADDITION TO THE CITY, FOR AND IN CONSIDERATION OF THE CC4VEYANCE BY DEED TO THE CITY FROM THE TEXAS MEXICAN RAILWAY CCMPANY OF ANOTHER TRACT OF LAND OUT OF SAID WATER BLOCK 2 AND FOR THE PURPOSE OF QUIETING ANY QUESTION REGARDING TITLE TO SAID TRACTS OF LAND AND IN SETTLEMENT OF THECONTROVERSY OVER THE OWNERSHIP AND USE OF SAID LAST MENTIONED TRACT OF LAND BY THE CITY COPIES OF WHICH DEEDS ARE ATTACHED HERETO AND MADE A PART HERECF; AND DECLARING AN EMERGENCY. WHEREAS, The Texas Mexican RailwaY Company was improperly desig- nated in Ordinance No. 3108 as Texas - Mexican Railroad Company, and the deed proposed to be executed by the City Of Corpus Christi, Texas, was in the form of a quitclaim deed and contained recitations imposing the condition obligating the grantee to abide by the present zoning and building ordinances and regilations without tWdmg into consideration the possibility of invalidity of such regulations or,the possibility of change of such regulations; and WHEREAS, The deeds in the form attached hereto have been approved by the Railway Company as acceptable in form; and . WHEREAS, The form of same has been approved by the City Attorneys NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That ordinance No. 3108, passed and approved by the City Council on the 7th day of August, 1951, and recorded in Volume 19 at page 517 of the Ordinance and Resolution Records of the City, be, and the same is hereby, repealed. SECTION 2. That the City Manager he, and he is hereby, author- ized and directed for and on behalf of the City of Corpus Christi to execute a deed conveying to The Texas Mexican Railway Company the hereinafter described portion of Water Block 29 Beach Portion of the Central Wharf and Warehouse Addition to the City in exchange for the conveyance by deed from The Texas Mexican Railway Company of another certain portion of said Water Block 2 in said addition, such deed from the City to be delivered upon receipt of the deed from The Texas Mexican Railway Companyp copies of which deeds are attached hereto and made a part hereof. SECTION 2. That the public importance of quieting any question regarding the title to the aforesaid property and to settle the existing controversy concerning the same immediately creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule 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 such emergency and necessity to exist, requesting the suspension of said 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 LS ACCORDINGLY PASSED AND APPROVED This the�day- of September, A.D. 3951. 1 TESTED, V r. ecre axy APPROVED AS TO LEGAL FORM: C ornn 1 V IiWLA'; MAYOR CITY OF CORPUS CMSTI, TEAS Corpus Christi, Texas rte' /JAS/ TO THE HEELBENS OF THE CITY COUNCIL Corpua Christi, Texas Gentlemens For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the nuepenaion of the Charter rule or requirement that no ordinance or resolution shall be panned 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, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest U°� Barney Cott Sydney E. Herndon George L. LmTwn The above ordinance was passed by the following vote: Leslie dasserman Jack LeForrest Barney Cott Sydney E. Herndon George L. Lowman 2 l� STATE OF TEXAS j 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WSBB7,2:4 1 ' THAT, THE TEXAS MEXICAN RAILWAY COMPANY, A corporation acting herein by and through its duly authorised officers, for and in consideration of the tarn of Ten Dollars ($10.00) to it in hand paid by The City of Corpus Christi, Texas, and for other good and valuable consideration by the Grantee to the Grantor herein, the receipt of which is hereby acknowledged, has GIVEN, . GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GIVE, GRANT, BARGAIN, SELL AND CONVEY unto the City of Corpus Christi, Texas, a municipal corporation, duly incorporated ender and by virtue of the laws of the State of Texas, all of that certain tract or parcel of had lying and being situated in the County of Naeces, State of Texas, and being more parti- cularly described as follows: FIRST: BEGINNING at a point the original southwest corner of Water Block 2 Beach Portion of the Central Wharf and Warehouse Subdivision of The City of Corpus Christi for the southwest corner of this tract; THENCE N 17 deg. 26' 20" E with the original east boundary line of Water Street z -a distance of 375.87 feet to the original northwest corner of Lot 7 in said Water Block 2 for the northwest corner of this tract; THENCE S 76 deg. 00' E with the north boundary line of Lot 7 in said Water Block 2 a distance of 20.04 feet to a point for the northeast corner of this tracti THENCE S 17 deg. 26' 20" W parallel to and 20 feet east of the east boundary line of Water Street to a distance of 377.01 feet to a point is the sasnth boundary line of said Block 2 for the southeast corner of this tract; THENCE N 72 deg, 33 "40" W with the south boundary line of said Block 2 a distance of 20 feet to the . PLACE OF BEGINNING. SECOND: All that land lying east of the east line of the following described property, to wit: BEGINNING at a point in the north boundary line of Ktoaey Avenue (Doddripjge Street) said point bears S 72 deg. 33' 40" E twenty feet from the original southwest corner of Water Block 2. Beach Portion of the Central Wharf sad Warehouse Subdivisioa of the City of Corpus Christi. Texas, as shown by Map recorded in Volume A, page 15 of the Map Records of Naeces County, Teas; THENCE N 17 deg. 26' 20" E parallel to and 50 feet east of the original centerline of Water Street a distance of 377.01 feet to a point in the north boundary line of Lot 7 in said Water Block Z for a ' corner of this tract, said point bears S 76n deg. 00' E 20.04 feet from the original northwest sorter of Lot 7 in said Mater Block 2V THENCE S 76 deg. 00' E with the north boundary line pf said Lot 7 In said Water .Block Z a distance of 8 feet to a point for a corner of this tract; THENCE S 36 deg. 39' 30" E a distance of 151. 74 feet to a point for an inside corner of this tract and the southwest corner of the San Antonio Machine & Supply Co. tract; THENCE S 76 deg. 00' E distance of 169. A feet to a point In the present west boundary line of West Shoreline Drive for a corner of this tract; THENCE in a southwesterly direction with the arc of a circular curve to the right having a radius of 346.97 feet and a central angle of ZO deg. 00' a distance of 83.77 feet to the point of tangent to said curve; THENCE S 43 deg. 26' 20" W with the west boundary line of West Shoreline Drive a distance of 63,66 feet to the point of a circular curve tol the left having a radius of 416.97 feet and a central angle of 18 deg, 03' 20 "; THENCE along said carve and the west boundary line of West Shoreline Drive a distance of 131.39 feet to the pdat of tangent to said carve; THENCE S 25 deg. 23' W with the west boundary line of West Shoreline Drive a distance of 33.93 feet to the southeast corner of said Block Z for a cornier of this tract; THENCE N 72 deg. 33' 40 /with the north boundary Its* of Kinney Avenue (Doddridge Street) a distance of 204.21 feet to the PLACE OF BEGINNING. THIRDS "All rights of allnvian and accretion and all other littoral and /or riparian rights" is and to the above described tracts or parcels of land together with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging; TO HAVE AND TO HOLD unto the said CITY OF CORPUS CHRISTI. TEXAS, its successors and assigns FOREVER. THIS CONVEYANCE IS MADE WITHOUT WARRANTY OF TITLE EXPRESS OR IMPLIED. -2- to testimony whereof witness the execution hereof this (p W. day of December, A. D. 1951. THE TEXAS MEXICAN RAILWAY COMPAN ATTEST. By: W. C. beaman. Vice Pram secretary, The Texas Mexican Hallway Company THE STATE OF TEXAS. [ { COUNTY OF WEBB. { BEFORE ME. The undersigned authority, on this day personally appeared W. C. Beaman duly authorized to act therein by said The Texas Mexican Railway Company, known to me to be the person and office, whose name is subscribed to the foregoing instrument, and acknowledged to me that the foregoing instrument is the act and deed of said The Texas Mexican Railway Company, a corporation, and that he executed said instrument as the act and deed of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND BEAL OF OFFICE. This the day of December, A. D. 1951. Notary Public, Webb County. Texas. - 3 - 411-; . STATE OF TEXAS ! KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES i That the City of Corpus Christi, Terns, a municipal corporation incorporated under and by virtue of the laws of the State of Teas, of Nueces County, Texas acting by and through W. B. Collier, its City Manager duly authorized to act herein for and is consideration of the am of Tea Dollars ( ;10.00) to it is hand paid by THE TEXAS ME XICAN RAILWAY COMPANY, a corporation. and for other good and valuable consideration, the receipt of which is hereby acknowledged has GIVEN, GRANTED. BARGAINED. SOLD. and CONVEYED and by these presents does GIVE. GRANT. BARGAIN, SELL and CONVEY unto THE TEXAS MEXICAN RAILWAY COMPANY, a Cor- poration, all that certain tra et or parcel of land lying and being situated in the County of Nwces. State of Teas and being more particularly described as follows: BEGINNING at a point in the north boundary line of Kinney Avenue (Doddridge Street) said point bears S 72 deg. 33' 40" E twenty feet from the original southwest corner of Water Block 2, Beach Portion of the C antral Wharf and Ware- house Subdivision of the City of Corpus Christi, Texas, as shown by Map recorded in Volume A. page 15 of the Map Records of Naeces County, Teasi THENCE N 17 deg. 26' 20" E parallel W and 50 feet east of the original centerline of Water Street a distance of 377.01 feet to a point in the north boundary line of Lot 7 In said pater Block 2 for a corner of this tract, said point bears S 76 deg. 00' E 20.04 feet from the original northwest corner of Lot 7 in said Water Block 2; THENCE S 76 deg. 00' E with the north boundary line of said Lot 7 in said Water Block 2 a distance of g feet to a point for a corner of this tract; THENCE 5 36 deg. 39130" E a distance of 157.74 3aet to a point for an inside corner of this tract and the south- west corner of the San Antonio Machine ti Supply Co. tract] THENCE S 76 deg. 00' E a distance of 169.11 feet to a point in the prescat west boundary line of West Shoreline Drive for a corner of this tract; THENCE is a southwesterly direction with the are of a circular curve to the right having a radius of 346.97 feet and a central angle of 20 deg. 00' a distance of 83.77 feet to the point of tangent to said curve; THENCE S 43 deg. 260 20" W with the west boundary line of Nest Shoreline Drive a distance of 63.66 feet to the point of a circular curve to the left having a radius of 416.97 feet and a central angle of lg deg. 03, 2011 THENCE along said curve and the west boundary line of Went Shoreline Drive a distance of 131.39 feet to the point of tangent said curve-, THENCE S 25 dog. 23' W with tha weak boundary line of West Shoreline Drive a distance of 33.93 feet to the south- east corner of said Block 2 for a corner of this tracts VJ THENCE N 72 deg. 33' 40' /wick the worth boundary line of Kinney Avenue (Doddrldge Street) a distance of 204.21 feet to the PLACE OF BEGINNING, together with an and singular the right@, hereditament*. and appurtenances thereto in anywise belonging. TO HAVE AND TO HOLD Unto the said TILE TEXAS MEXICAN RAILWAY COMPANY. its successors, and assigns, forever. THIS CONVEYANCE IS MADE WITHOUT WARRANTY OF TITLE EXPRESS OR IMPLIED. In testimony whereof, witness the execution hereof this _ day Of December. A. D. 1951. THE CITY OF CORPUS CHRISTI ATTEST: By: W. B. COLLIER, City Manager APPROVED AS TO LEGAL FORMr City Attorney THE STATE OF TEXAS, i COUNTY OF NUECES. BEFORE ME. The undersigned authority, on this day personally appeared W. B. Collier, the duly authorised City Manager of the City of Corpus Christi, Taxrs, a municipal Corporation, knows to me to be the persoaand officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the foregoing is the act and deed of said City of Corpus Chrati, and that he executed said instrument as the act and dead of said City for the purposes and Coaldoratton therein expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This the day of December. A.D. 1951. 0taTY 9 Atlablic in anii for Nuaces holy.