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HomeMy WebLinkAbout03220 ORD - 03/11/1952F 3pz.�a AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CORRECTION DEED TO A PORTION OF THE FILLED -IN LAND LYING EAST OF LOTS 2, 3, 4 AND 5 OF WATER BLOCK 4 OF THE BEACH PORTION TO THE CITY OF CORPUS CHRISTI, TEXAS, IN CONSIDERATION OF AND IN EXCHANGE OF A PORTION ON AND ALONG THE EASTERN SIDE OF WATER STREET FOR THE WIDENING OF WATER STREET, AS MORE FULLY SHOWN FROM COPIES OF BOTH INSTRU- MENTS MADE A PART OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, THERE NOW EXISTS A DISCREPANCY IN THE RECORDS IN REGARD TO THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF CORPUS CHRISTI AND EDWIN F. FLATO, REGARDING THE EXCHANGE OF LAND FOR THE WIDENING OF WATER STREET IN BLOCK 4, BEACH PORTION TO THE CITY OF-CORPUS CHRISTI, TEXAS; AND WHEREAS, IT IS NECESSARY AND PROPER TO MAKE A CORRECTION OF RECORD OF THE HERETOFORE EXISTING DISCREPANCY BY EXCHANGING OF DEEDS BETWEEN THE PROPERTY OWNERS, THE CITY OF CORPUS CHRISTI AND EDWIN F. FLATO; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: THAT THE CITY MANAGER, W. B. COLLIER, IS HERE- BY DIRECTED TO EXECUTE. AND DELIVER A CORRECTION DEED CONCERNING THAT PORTION OF FILLED -IN LAND LYING EAST OF LOTS 2, 3, 14 AND 5 IN WATER BLOCK 4, BEACH PORTION TO THE CITY OF CORPUS CHRISTI, A COPY OF BOTH DEEDS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2: THAT THE NECESSITY OF CORRECTING THE HERETO- FORE EXISTING DISCREPANCY OF RECORD AS PROMPTLY AS POSSIBLE CREATES A PUBLIC IMPERATIVE NECESSITY AND A PUBLIC EMERGENCY REQUIRING THE SUSPENSION OF SUCH 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, HAVING REQUESTED THE SUSPENSION OF SAID 3aa0 r - ., CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF TTS 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�- DAY OF A. D. 1952. MAYOR CITY OF CORPUS CHRISTI, TEXAS TESL': CITY SECRETARY 7ED AS 0 LEGAL FORM: CITY ATTORNEY CORRSQTION DEkD Tjj.L STATE OF TLtXA5- COUNTZ OF CES IFOW- Whereas, the City of Corpus Christi, acting by and through A. C. McCaughan, its Mayor, by warranty deed dated October 7, 1941, and recorded in Volume 273, Pages 505 -506 of the Deed Records of Nueoes County, Texas, conveyed to Edwin F. Flato, a portion of Block 4 of the Beach portion of the City of Corpus Christi, Nueces County, Texas, it being the purpose of such deed to convey the property generally known as Lots 8, 9 and 10 and the north one - half of Lot 11 in Water Block 4 of the Beach portion of the City of Corpus Christi; said conveyance having been made pursuant to the Bay Front Improvement Plan of the City of Corpus Christi; and Whereas, such conveyance contained certain ambiguities in description, including the assumption that said Lots S. 9, 10 and 11 were 50 feet in width and that the land therein conveyed was In all 175 feet in width, whereas a survey of such property further shown by map or plat entitled, "Bay front Plan of City of Corpus Christi," and appearing in volume 9, Pages 38 to 41 of the Map Records of Nueces County, Texas, indicates that such lots•are in fact, 50.2 feet in width; and that such land is, in fact, 175.7 feet in width; and Whereas, to prevent difficulties hereafter, the parties to said deed desire by these presents to correct and clarify the same; Now, therefore, in consideration of the premises and in con- sideration of the conveyance by Edwin F. Plato to the City of Corpus Christi, by quitclaim deed of even date herewith, of all his right, title and interest in a certain tract of land situated in said hater Block 4 of the Beach portion of the City of Corpus Christi, and for other good and valuable considerations, the re- ceipt and sufficiency of which is hereby acknowledged, the City Of Corpus Christi, Texas, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Texas, acting herein by and through its duly authorized City manager, W,.B. Collier, hereby grants, sells, conveys and confirms, without warranty of title_, expressed or implied, unto Edwin F. Flato, all of the following tract of land situated in the City of Corpus Ghristil Nuecea County, Texas, to -wits A portion of the "filled -in" land lying immediately east of Lots 2, 3, 4 and 5 of Water Block 4 of the Beach portion of the City of Corpus Christi, Texas, originally platted in Volume A, Page 3, of the Map Records of Nueces County, 'Texas, and also being a portion of the lands patented. by the .State of Texas in the City of Corpus Christi, Texas, on January 4, 1924; Being 150 feet by 175.7 feet in size, known as Lots 8, 9 and 10 and the northerly one -half of Lot 11 in Water Block 4 of the Beach portion of the City of Corpus Christi according`to map or plat thereof recorded in Volume 9, Pages 38 to 41 of the Map Records of Nueces County, Texas, and bounded as followss Beginning at a point in the easterly extension of the north boundary line of Lot No. 5 in said Water Block 4 of the Beach portion of the City of Corpus Christi, Texas, which bears along said line in an easterly di- rectibn a distance of 190 feet from the original northeast corner of said Lot 5, which original northeast corner of Lot 5 is correctly set out and designated in the map of the City of Corpus Ohristi, Texas, recorded in Volume A. Page 3, of the map Records of Nueces County Texas, to which reference is here made in aid of this description, for the northwest corner of this tract; Thence, in an easterly direction along said easterly ex- tension of the north boundary line of said Lot 5 as set out in the map recorded in Volume A, Page 3, of Idap Records of Nuec83 County, Texas, a distance of 150 feet to a point in the west boundary line of West Shoreline Drive for the northeast corner of this tract; Thence, in a southerly direction along the west boundary line of the right of way of `Nest Shoreline Drive, the same being parallel to the original east boundary line of said Water Block 4, a distance of 175.7 feet to a point situated midway between the easterly extension of the north and south boundary lines of Lot 2 in said 'Blodkaccording to map or plat in volume A. Page 3 of the Yap Records of Nueces County, for the southeast corner of the lands herein described and conveyed; Thence, in a westerly direction along a line that is parallel to the north boundary line of the tract herein described and conveyed, such line being situated at all points equally distant between the north and south bgonda�y lines, as extended, of Lot 2 of said Water Block 4 according to the plat in Volume A. Page 3 of auch;biap Records, for a distance of 150 feet to a point situated 40 feet in an easterly direction from the ori- ginal-east boundary line of Lot 2 in water Block 4, which original -esst boundary line is correctly set out. and designated in Volume A at Page 3, of the Yap Records of Nueces County, Texas, said point being the southwest corner of the land herein described and con- veyed; Thence, in a northerly direction along a line that is parallel to and in all points 40 feet east of the ori- ginal east boundary line of Lots 2, 3, 4 and 5 in Water Block 4 as originally shown by said map recorded in Volume A, Page 3, of such Map Records, the same being parallel to and 150 feet west of the east boundary line of the tracts herein described and con- veyed, for a distance of 175.7 feet to the place of be- ginning; * To have and to hold, the above described premises, together with all and singular the rights and appurtenances hereto belong- ing or in.any wise appertaining, unto the said Edwin F. Plato, his heirs, successors and assigns forever. In witness whereof, witnesseth the execution hereof on this day of , 1952. TiIE CITY OF CORPUS CHRISTI By B. Collier City Manager ATTEST: City aecre ary APPROVED AS TO LEGAL FORM: City Attorney THL STATh Oe TzXAS COUNTY Of NUECES Before me, the undersigned authority, on this day person- ally appeared W. 6. COLLibR, CiTI MANAGER OF THE C.LTY OF CORPUS CHRISTI, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged the same to be the act and deed of said City of Corpus Christi and that he executed the same as the act and deed of said City for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D., 1952. Notary Public in and for Nueces County, Texas QUITCLAIM DEED STATE OF TEXAS COUNTY of NUECES For good and valuable conslderationa�- the receipt and suffi- ciency of which are hereby acknowledged, Edwin F. Plato has quit- claimed and by these presents, quitclaims unto the City of Corpus Christi, Texas, a municipal corporation, duly organised and ex- isting under and by virtue of the laws of the State of Texas, any and all right, title, interest, claim and demand of the said Edwin F. Plato in and to the following described tract of land situated in the City of Corpus Christi, Nueces-County, Texas, to- wits A tract of land situated in Water Block 4 of the Beach portion in the City of Corpus Christi, 80 feet in width and 175.7 feet in length, and bounded as follows: Beginning at a point situated on the original north boundary line, as extended, of Lot 5! in said Water - Black 4 as shown by map or plat recorded in Volume A, Page 30 of the Map Records of Nueces County, said point of beginning being situated 170 feet east of the original northwest corner of said lot as shown by said map or plat; 'thence, in an easterly direction along said extension of the original north boundary line of said Lot 5 for a distance of 20 feet for the northeast corner of the tract herein described and quitolaimed;' Thence, in a southerly direction along a line parallel with the original west boundary line of said Water Block 4, the same being the west boundary line of a certain tract conveyed by the City of Corpus Christi to Edwin F. Plato, by correction deed of -even date herewith, for a distance of 178.7 feet to the south- west corner of the propefrty described in said correction deed, the came being the southeast corner of the land herein described snd, quitclaimed; Thence, in an twesterly direction and parallel with the north boundary line of the lands herein described and quitclaimed for a distance ofj20 feet for the southwest corner of the,lands her�in described and quitclaimed; i Thence, in a northerly direction along the line paral- lel with, and at all points 170 fe east of the ori- ginal west boundary line of Water Block 4 according to the map or plat recorded in Volume A�, Pege 3, of the Nueces County Map Records, for a dis anee of 175.7 feet to the place of beginning; t ti� To have and to hold the above released rights, titles, inter- ests, el alms and demands together with all and singular my right, title, interest, estate, claim and demand in and to the heredita- ments and appurtenances thereto belonging or in any wise pertain- ing Junto the said City of Oorpus Christi, its successors and as- signs forever. In witness whereof, this instrument is executed and delivered on February dwin F. Flato THE STATE OF TEXAS COUV Y OF NUECES Before me, the undersigned, a notary Public in'an8 for said County and State, on this day personally appesred,Edwin F. Plato, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expreased. Given under my hand and seal of office this the day of February, 1952. Notary Public in and for Nueces County, Texas [ ;1 4� o 7 i je � -V % qL1191 Ilk Corpus Christi, Texas RE'NMERS,.OF THE, CITY COUNCIL us X)irtitT,?,Texas , z Ge lemen- '4 4 ;4 ..•• For the reasons-set forth in the emergency clause .of the foregoing ordinancO "a public'emergency -and'imperative, necessity exist for the suspen- . V, sion o f - the Chaiter rul&,6i requirement that no ordinance or resolution shall bi passed finally'-on the date it fs introduced,, and that such,oidijance,or resolution shall be read at three meetings -of the City Council, I, therefore, hereby',request that•you suspend said Charter zula,or requirement and piss this ordinance finally-,qnoe. date it is introducedy or at the present meeting pf ,.the City' Cotincil, Respectfully, MAY& City o,f_GDrpAs Christi,, Texas The Charter rule was suspended by the following vote: Wassq:rman, Leslie Wasserman t--7 .Frank Ar� plie j- Ak - Sydney E. Herndon Jack DeForzest George L. Lowman Sydney E. Herndon George L. Lowman � M 1:: Frank E. Williamson The above.o4dinance was passed by the following vote* 4; E. Williamson Leslie Wasserman t--7 .Frank Ar� Jack DeForrest Ak - Sydney E. Herndon George L. Lowman 4; 9 E. Williamson .Frank Ar� 9