HomeMy WebLinkAbout03220 ORD - 03/11/1952F
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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
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Corpus Christi, Texas
RE'NMERS,.OF THE, CITY COUNCIL
us X)irtitT,?,Texas
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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