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HomeMy WebLinkAbout03178 ORD - 12/04/1951AN ORDINANCE 'T/ -7 J> AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF_OF THE CITY OF CORPUS CHRISTI TO EXECUTE RIGHT OF WAY DEEDS GRANTING TO THE STATE OF TEXAS A CHANNEL EASEMENT RIGHT OF WAY AND A PART ROAD RIGHT OF WAY ON AND ACROSS THE J. M. Md1URRAY TRACT, J. A. ANDERSON TRACT AND THE ARTHUR C. JCNES TRACT IN SAN PATRICIO.COUNTY, TEXAS, LOCATED NEAR LAKE MATHIS FOR THE PURPOSE OF IMPROVING THE EXISTING PUBLIC ROAD ON SAID LOCATION, SUCH IMPROVEMENTS _ AND EXPENDITURES THEREFOR TO BE MADE BY THE STATE HIGHWAY DEPARTMENT, COPIES OF WHICH DEEDS-ARE ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. WHEREAS, The State Highway Department of Texas is desirous of improving the public road now existing on and across lands of the City of Corpus Christi at and near Lake Mathis in San Patricio County, Texas, and for such improvements it is necessary that additional right of way be add- ed by the State Highway Commission of Texas; and WHEREAS, It is considered that the expenditures by the State for the improvements of the roadway will be adequate consideration for the conveyance of the right of way furnished by the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi be, and he is hereby authorized and directed to execute for an on behalf of the City right of way deeds granting to the State of Texas a channel ease- ment right of way and a park easement right of way on and across the J. M. McMurray Tract, the J. A. Anderson Tract and the Arthur C. Jones Tract in San Patricio County, Texas, located near lake Mathis for the purpose of im- proving the public road existing on said location, such improvements and ex- penditures therefor to be made by the State Highway Department, copies of which deeds are attached hereto and made a part hereof. SECTION 2. That the necessity of improving a public road now existing across lands of the City of Corpus Christi creates a public em- ergency 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 that such public emergency and imperative necessity exist, and having request- ed the suspension of such 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 IS ACCORDINGLY PASSED AND APPROVED This the 31-7e -day of Decembers A.D. 1951, MAY THE CITY OF CORPUS CHRISTI AT STI City Secretary ary APPROVED AS TO LEGAL FORD: �� orn �Texas Highwn7 Department B1267- 250 -}gym Form 274 2- 50 -15m r - RIGHT -OF -WAY DEED STATE'OF TEXAS - KNOW ALL MEN BY THESE PRESENTS: County of_— SAN PATRICIO_— ___ - -- That THE CITY OF CORPUS CHRISTI, a municipal corporation, acts herein by and through itg_duly authorized City Manager. of the County of — _Nueces________________ —____, State of Texas, for and in consideration of the sum of --- - -_ = -- TEN-------- ______- __DOLLARS, to - --__it _ -• ----- ---- --__ -- in handlnd other paid by the State of Texas, acting by and through the State Highway Commission,fire' o w 1c )s good an hereby acknowledged, Have this day sold, and do by these presents grant, bargain, sell and convey unto Ve lttabl conside the State of Texas, all that certain tract or parcel of lgd, situate in the Cou — of _man -Fatriaie -= tion, State of Texas, and being a part of conveyed by by deed dated the day of Volume _____ Page __________________ of Deed Records of ----- ------ Texas; said tract or parcel of land herein conveyed, being subject to: 19 —, and recorded in (Important Note: If no liens, leases or easements exist, insert the word "None. ") lien(s) held (Name) — (Address) easement(-s)'heldby— • (Name) (Address) County, leases) held by -- -- - - -- - — - -- - ' (Name) -- (Address) and being more particularly described as follows, to -wit: All those strips or parcels of land required for right -of -way for park Road No 25, said strips or parcels of land being out of -the City of Corpus Christi land as'shown on right -of -way plat of Park Road No. 25, said-'plat now being on file at the State Highway Department in Austin and being more particularly described as follows: Parcel -(A) A strip or parcel of land of varying widths and 2165 Ft. long out of a 914.2 Ac. tract of land conveyed'to'the City of Corpus Christi by J.11. idcMurrey by deed dated October 2, 1944 and recorded in San Patricio County deed, records Vol. 127, page 195 and. being more particularly described as follows: Beginning at'a point for the S.E. corner of said strip or parcel of land herein conveyed., said point being in the Southeasterly line of the Cit# of Corpus Christi land and the Northwesterly line of the rail road right -of -way line and from which point the East corner of said, 914.2 Ac. tract lies Northeasterly a distance of 515 Ft; Thence along Easterly right -of -way line of Park Road No• 25 1135063 IT a distance of 22.22 Ft. to a point for the begimling of a 915.37 Ft• radius curve to the right; Thence in a Northerly direction with said curve to the right a distance of 479.07 Ft. to a point for the end of said curve to the right, - Thence N 3 003' W a distance of 196.88 Ft. to a point, said point being the be- ginning of a 995.37 Ft. radius curve to the left; Thence in a Northerly direction truth said curve to the legit, a distance of 565.16 Ft• to a point, said point being at right angles to and 40 Ft., Easterly of Engineer's centerline Sta. 1593.45, said point also being the intersection of the Easterly right - of -way line of Park Road No. 25 and the N.E. side of said 94.2 acre tract of lrnd and the S.W. side of the B.W. Cox land and from which point the East corner of the 94.2 acre tract of City of Corpus Christi land bears S 57016134" E a distance bf 827.37 Ft; Thence along the N.E. line of said 94.2 acre tract of land, N 57 016134 "W at 127.48 Ft. crossing Engineer's centerline Sta. 1702, in all a distance of 930.67 Ft. to a point for the Northmost corner of said strip or parcel of lend herein-conveyed, said point being at right angles to and 40.0 Ft. Southwesterly of Engineer's centerline Sta. 2507.21; . Thence along a line parallel to and 40.0 Ft. Westerly of u+rgineer's centerline S 56 0 1, E a distance of 578.43 Ft. to a point for the beginning of a 915.37 Ft. radius curve to the right; Thence in a Southerly direction with said curve to the right•a distance of 850.61 u- 'Ft. to the end of said curve to the right; Thence S Oj00j E a distocq of 1 6.88 Ft. to a point for, the beginning o a 995-37 �f� ,a b carve :toy' Left Z= ". - "_. p g g T';..Thence in a Southerly direction with said curve to the left a distance of 520. Ft• Ftor'a,point'sfor the end,of said curve to the left; 03 Thence or 330031E a herein 62-02 Ft. to a Point also being in theeSoutherlylllinefof ` the^trip City of Corpus Christi land; Thence along said Soutberlyy line Of City of Corpus Christi land N 300301E at 44.68 Ft. crossing Engineer's centerline Sta. 302, in all a distance of 89.36 Ft. to the point of beginning and contains in all 2,680 acres of land., more or less. Parcel (B) A strip or parcel of land 80 Ft. wide and 5508 Ft• long consisting mostly of an existing right -of -way out of the City of Corpus Christi land and being more particularly described as follows: Beginning at.a:foint on Engineer's centerline Sta. 3402, said point being in the Rasterly, ithg:City of Corpus Christi land and in the Westerly line of the B.1 . Cox land; ' %','O;Thence''along'said Easterly line of Pity of Corpus Christi land S 34°591W a distance - Ch33198 Ft:' to a. point for'the North'corger of said -94.2 a&e'tra6t'of City o£ Corpus Christi land; Thence along Northwesterly line of said 94.2 acre tract of land S 57 016'34 "E a distance of 52.10 Ft. to a point for the S.1•7. corner of said. stria or parcel of land herein conveyed, said point being at right angles to and 40.0 Ft. Southwesterly of Engineer s centerline Sta. 3445,9; Thence in a westerly direction along a line parallel to and 40.0 Ft. of? centerline of Part: Road No. 25 with a 1870.08 Ft. radius curve to the, left at 52.10 Ft. crossing the Northwesterly boimdry of said 94.2 acre tract of lend, in all a distance of 531.16 Ft. to a point for the end of said curve,to the left; Thence N 730501W a distance of 584.77 Ft. to` a point for 'the beginning of a 1677.28 Ft. radius curve to the right; Thence in a Northwesterly direction with said curve to the right a distance of 964.43 Ft. to a point for the end. of said curve to the right; Thence a 4o653117 a distance of 49.13 Ft. to a point for the beginning of a 677.28 Ft. radius curve to the right; Thence in a northerly direction with'said curve to the right, a distance of 876.30 Ft. to a point for the end of said curve to the right; Thence N 33020' E a distance of 1015-78 Ft. to a point; Thence N 33035' E a distance of 1800.0 Ft. to a point for the N.E. corner of said strip or parcel of land herein conveyed; Thence S 56025' E at 40.0 Ft. crossing Engineer's centerline Sta. 9000 in all a distance of 80.0 Ft. to a point for the S.E. corner of said strip or parcel of land herein conveyed; Thence along a line parallel to and 40.0 Ft. Northerly of Engineer's centerline S 33035' W a distance of 1800.0 Ft. to a point; Thence S 33020' W a distance of 1015.78 Ft. to a point for the beginning of a 597.28 Ft. radius curve to the left; Thence in a Southerly direction with said curve to the-left a distance of 772.87 Ft. to a point for the end of said curve to the left; Thence s 400531 E a distance of 49.13 Ft. to a point for the beginning of a 1597.28 Ft. radius curve to the left; Thence in a Southeasterly direction with said curve to the left a distance of 918.43 Ft. to a point for the end of said curve to the left; Thence S 73050' E a distance of 584.77 Ft. to a point for the beginning of a 1950.08 Ft. radius curve to the right; Thence in a Southeasterly direction with said curve to the right a distance of 299.44 Ft• to a point for the N.W. corner of said strip or parcel of land herein conveyed; Thence S 340501 W a distance of 40.64 Ft. to the point of beginning and contains in all 10.116 acres of land more or less, consisting of 9.797 acres of existing right -of -way and 0.319 acres of new right -of -way. Summary Existing R. 0. W. New R.O.W. Total R.O. W. Parcel (A) 6.00 2.683 2.683 Parcel (B) 9.797 0.319 _10.116 9.797 Ac. 3.002 Ac. 12,799 Ac. Conveyed By To Date Vol. Page J.1d. McMurrey Et. Ux City of Corpus Christi Oct. 2, 1941 127 19g J.A. Henderson " " it " Oct. 191 1927 93 .,,, Azthur C. Jones a 11 u n Dec. 17, 1934 105 l7 Arthur C. Jones " ' Aug. 14, 1934 105 153 Recorded in San Patricio County Deed Records TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said State of Texas and its assigns, save and except the following reservations and provisions: The Grantor(s) reserve(s) all of the oil, gas and sulphur in and under said land, but waive(s) all rights of ingress and egress for the purpose of exploring, developing, mining or drilling for the same; however, nothing in this reservation shall affect the rights of the State to use said land and other min- erals and materials thereon, therein or thereunder for road purposes, it being specifically understood that the State and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, caliche or any other materials or minerals upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the Highway System of Texas. And ' _— the said do hereby bind -- — heirs, executors, and adminstrators, to warrant and forever 'defend all and singular the said premises, unto'the said State of Texas, and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. And it is further agreed that_ - - in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon said premises. Witness — — hand —, this the — ____day of _ —_ , A. D. 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, County of — )} Before me, _ —.__ — _-- ___- - -_ - -, a notary public in and for said County and State, on this day personally appeared _ -- ---- - - - - -- - - - - --- known to me (or proved to me on —A -- - - - - -- , r r , the oath of --- — ----- -- , a credible witness) to be the person — whose name — subscribed to the foregoing instrument and acknowledged to me that __.,_____ executed, the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the _____— _._ —__ day of __— _— _ - - - -- 19— . Notary Public in and for County, Texas. THE STATE 01" TEXAS, r• County of _ -- Before me, —_ , a notary public in and for said County and State, on this day personally appeared — _ —, wife of known to me (or proved to me on the oath of — _______________ a credible witness) to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged 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 that she did not wish to retract it. Given under my hand and seal of office, this the __— day of z III p Notary Public in and for — W W W Q F W L 0 �j m F W I, C Q z 6 G3 W � m o Notary Public in and for — County, Texas. I d I•� i I U A i o i a 0 N d V , d A H � Y 7 O VQ ai w C1 d' b � o � NV W 0 w V w C + W � � b I j r ` 4 i Qi1 � A ENDORSEMENTS THE STATE OF TEXAS, ) " County of— _�___ -_ }5 I, _, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the —__ day of A. D. 19___ with its authentication, was filed for record in my office on the —_day of —_—, A. D. 19— at o'clock __M., and duly recorded this the — day of __— ___ —__— A. D.19- at... -._ ^_o'clock _ -_ -M., in the Deed Records of said County, in' Volume -:_ on Page._. —_. Witness my hand and the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk of Court, __ —__,__ County, Texas. By ___— __ —_ -- — Deputy. W W W Q F W 0 �j � F W I, C Q H G3 W County, Texas. I d I•� i I U A i o i a 0 N d V , d A H � Y 7 O VQ ai w C1 d' b � o � NV W 0 w V w C + W � � b I j r ` 4 i Qi1 � A ENDORSEMENTS THE STATE OF TEXAS, ) " County of— _�___ -_ }5 I, _, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the —__ day of A. D. 19___ with its authentication, was filed for record in my office on the —_day of —_—, A. D. 19— at o'clock __M., and duly recorded this the — day of __— ___ —__— A. D.19- at... -._ ^_o'clock _ -_ -M., in the Deed Records of said County, in' Volume -:_ on Page._. —_. Witness my hand and the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk of Court, __ —__,__ County, Texas. By ___— __ —_ -- — Deputy. City of Corpus Christi Te , H12hnn1- Hepnrtment X136- 1048 -10tH Form 973 30- 48 -10111 RIGHT -OF -WAY EASEMENT (Channel Easement) STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: County of -- _— _.__. -_ THAT ----------------- - ------------------------------------- --------------------------------------- --------------------------------------- of- ------------------- ------------ , in consideration of the sum of ----------------------•-------------------------------------------- ---- -- ------- ------ ----- ----- -and other good and valuable consideration in hand paid by the State of Texas, acting through the State Highway Commission, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the State of Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following lands in --------------- _ ----------------------------------- County, Texas, owned by------ .- . - -. - -, and being subject to: (Important Note: If no liens, easements or leases exist, insert the word, "None. ") lien(s) held by -------------------------- - ------------------ - --------------- - - --- - - - - -- - --- -------------------------------------- (Name) (Addreaa) easement(s) held by -------------- °- -------------------- ---- - ----------- - ------------------------------------------------------------------------------------------- '"'F"�,Y k ,..,, (Name) (Address) leases) held b y- ------------------ -----•-------Wi--...------------------------------- ---- ---- -----------------,- ---- --- ------------ ._..--- - - - - -- .... , (Name) (Addreaa) and being particularly described as follows, to -wit: A strip of land 493.05 Ft. long and 40.0 Ft. wide required for a channel lying Easterly of Sta. 1175 on Park Road No. 25, the centerline of said strip of land being more particularly described as follows: Beginning at a point in the East right -of -way line of Park_ Road No. 25, from which point Zigineer's centerline Sta. 1175 bears N 630471 *p, a distance of 147.85 Ft- Thence alone centerline of said stain of land S 6304.1 W a distance of 348.47 Ft; Thence 5.580121 E a distance of 144.58 Ft. to the en of said strip of land, said point also being in the Southeasterly line of the City of Corpus Christi land, and contains in all 0.453 acres of land, more or less For the purpose of opening, constructing and maintaining a permanent----- -- ---- -- -------------- - - -in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees,, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said •--------------- ---------- ------- ----- --- ------ or any part thereof. It is specifically understood that the State and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any stone, earth, gravel, caliche or any other materials or minerals upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the Highway System of Texas. Andit is further agreed that--------------------- --------------------------------------------------------------------------------------------------- in consideration of the benefits above set out, will remove from the property above described such fences, buildings and other obstructions as may be found upon said premises. TO HAVE AND TO HOLD unto the said State of Texas as aforesaid for the purposes aforesaid the premises above described. Witness ---- ------- - - - - -- hand. this the---- ---- - ------ ---day of----------------------- --- ----------------- ---- ------ A. D. 19 --------- -- ---- ---- -- --------- - - ----- - -- ----------------------------- k # r4 `t r.» SINGLE ACKNOWLEDGMENT T H E S T A T E OF T E X A S County of-------- ------ --- -- -- - ---- Before me- ----- -- --- - -- - -- this day personally appeared a notary public in and for said County and State, on known to me (or proved to me on the oath of --------------------------------------------- ---- ---- - - - -- - - a credible witness) to be the person . - - - -. whose name.. - -- ------------- subscribed to the foregoing instrument and acknowledged to me that - .- .he. - -- executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the --------- - - - - -- day Notary Public in and for ------------------------------------ ---------- - - - - -- -County, Texas. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, County of Before me, --- - ------- - ---- - - ---- - ------ a notary public in and for said County and State, on this day personally appeared wife of — ------ - — - -- - - - ---- - ----- - - ----- - ------------- - - - - ------- — - — ----------- known to me (or proved to me on the oath of — --- ----------- --------------------- ---- — -- — ------------- I a credible witness) to be the person whose name is subscribed to the forTgoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said -------------------- - ------------------------- — ------------- --- acknowledged 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 that she did not wish to retract it. Given un )7r my hand and seal of office, this the ---------------- day of -------------------------- - -------------- - ---- 19_____ z 0 0 W W Q 0 P4 9Q ,a r CS Notary Public in and for - -------------------------- - - ------ - ----- - ------ County, Texas. z con E- 0 El P4 F ENDORSEMENTS THE STATE OF TEXAS, County of cd W F I, -------- Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the day of __- ____-- __- ___ - -_A. D. 19---. with its authentication, was filed for record in my office on the ___...._.._day of_______________ —, A. D. 19-- at ---------- --- o'clock ______M., and duly recorded this the---------- day of . .................. — ------ __., A. D.19__— at __------o'clock ___ -_.M., in the Deed Records of said County, in Volume ------------------ on Page___...._____ —_ -. Witness my hand and the seal of the County Court of said County, at office in ----------------------- - --- - --- Texas, the day and year last above written. Clerk of Court, Texas. By----- - -- - -__-- _- ------ ------ Deputy. Corpus Christi, Texas TO THEMMEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 11 Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, n MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest 6' Sydney E. Herndon George L. Lowman [_ Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman 'xi° Jack DeForrest Sydney E. Herndon �V George L. Lowman Frank E. Williamson CAW- 31'7K