HomeMy WebLinkAbout03223 ORD - 03/11/19529a2
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE FOR AND ON BEHALF
OF THE CITY A CORRECTION DEED TO A
PORTION OF THE FILLED -IN LAND LYING
EAST OF LOTS 7, 8, 9, 10, 11 AND 12
IN WATER BLOCK 3 OF THE BEACH PORTION
TO THE CLTY OF CORPUS CHRISTI, TEXAS,
IN CONSIDERATION 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 INSTRUMENTS 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 WINNIFRED W. FLATO, REGARDING THE EXCHANGE OF LAND FOR THE
WIDENING OF WATER STREET IN WATER BLOCK 3, AND FILLED -IN LAND EAST
OF LOTS 7, 8, 9, 10, 11 AND 12 IN WATER BLOCK 3, BEING 20 FEET IN '
WIDTH ALONG THE EAST SIDE OF WATER STREET AND BEING 20 FEET OFF THE
WESTERN EDGE OF ORIGINAL WATER BLOCK 3, 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 WINNIFRED W.
FLATO;
COUNCIL
NOW THEREFORE, BE IT ORDAINED BY THE CITY/OF CORPUS CHRISTI,
TEXAS:
SECTION 1: THAT THE CITY MANAGER, W. B. COLLIER, IS HEREBY
DIRECTED TO EXECUTE AND DELIVER A CORRECTION DEED CONCERNING THAT
PORTION OF FILLED -IN LAND LYING EAST OF LOTS 7, 8, 9, 10, 11 AND 12 IN
WATER BLOCK 3, 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 HERETOFORE
EXISTJNG DISCREPANCY OF RECORD AS PROMPTLY AS POSSIBLE CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF SUCH CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL
i A
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 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 SO ORDAINED.
PASSED AND APPROVED, THIS THE DAY OF /4� ,
A. D. I952.
x
MAY R
CITY OF CORPUS CHRISTI, TEXAS
A TEST:
CITY SECRETARY
APP OVED AST LEGAL FORM:
CITY ATTORNEY
DEED
STATE OF TEXAS
COUNTY OI NUECES
Whereas, as a result of conveyances attendant to the Bay Front
Improvement klan,of the City of Corpus Christi, and the resurveys
and changes in property ownership relating thereto, various dis-
crepancies have arisen with reference to the title of Winnifred 'In.
F1ato, wife of 1.dwin 1. Plato, to certain properties commonly
known as Lots 7,8, 9, 10, 11 and 12, in Oster Block 3 of the Leach
portion of the City of Corpus Christi, according to map or plat
thereof recorded in Volume 9, Pages 3o to 41, of the Map Records of
Nueces County, Texas; and
a
Whereas, there are discrepancies and questions which have
arisen with reference to the title of the City of Corpus Christi to
certain 1Rnds in said block;
Now therefore, in consideration of the premises and in con-
sideration of the conveyance by zdwin F. Plato and wife Winnifred
. Plato, to the City of Corpus 4hristi, by quitclaim deed of even
date herewith of all their right, title and interest in a certain
tract of land situated in Water Block 3 of the Beach portion of the
City of Corpus c.hrieti, and for other good and valuable consider-
ations, the receipt and sufficiency of which is hereby acknowledged,
the City of Corpus Christi, Texas, a municipal corporation duly or-
ganized 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, has granted, bargained, sold and conveyed
and by these presents does grant, bargain, sell and convey, without
warranty of title, express or implied, to Ninnifred W. Flatc, wife
of Edwin F. Plato, as her separate property and estate, the follow-
ing described tract or parcel of land situated in the City of
Corpus Christi, Pdueees County, Texas, to -wit:
Lot 7 in i'rater block 3 of the Jity of Corpus Christi as
further shown by map or plat entitled "Bay L'ront Flan
of the City of Corpus Christi, 'texas," and appearing in
Volume 9, Pages 38 to 41, of the leap Records of Nueces
County, Texas;
I
To have and to hold the some together with all and singular the
rights and appurtenances thereto in any wise belonging to the said
Winnifred W. Flato and her heirs and assigns forever.
for
In view of the same premises and /the same considerations, the
City,of Corpus Christi, acting herein by its duly authorized City
Manager, W. B. Collier, has quitclaimed and by these presents does
quitclaim unto the said Winnifred W. Flato, wife of Edwin P. F1ato,
as her separate property and estate, all right, title, interest,
claim and demand of the said pity, in and to the following described
tract of land:
A portion of that certain tract of land lying between the
original shoreline of Corpus Christi Bay and Water Block
No. 3 of the beach portion of the City of Corpus Christi,
Texas, according to the official map or plat thereof re-
corded in Volume At Page 3, of the Map Records of Nueces
Co,inty, 'texas, to .mhichsreference is here made in aid of
this description; together with the "filled -in" land ly-
ingrImnediately east thereof which latter portion was
formerly submerged under the waters of Corpus Christi Bay
and was and is a part of that certain tract of land patented
by the City of Corpus'Christi, Texas, on January 4, 1924,
Volume 21 -A, No. 86; the land herein quitclaimed being
generally known as Lots 7, 8, 9; 10, 11 and 12, in ~`rater
Block 3 of the Beach portion of the City of Corpus Christi
according to the map or plat thereof recorded in Volume 9
Pages 33 to 41, of the Map Records of Nueces County,Texas,
and being further described as follows:
Beginning at a point in the easterly extension of the ori-
ginal north boundary line of said Nater Block 3, the same
being also the south boundary line of the right of way of
Lawrence Street, which point of beginning bears along said
line in an easterly direction, a distance of 190 feet from
the original northwest corner of said flater Block No. 3,-
as set out and designated in the original plat thereof re-
corded in Volume A, Page 3, of the Nueces County map
records; said point of beginning being the northwest
corner of the tract herein described and quitclaimed;
Thence, in an easterly direction along the extension of
the original north boundary line of said water Block 3,
and along the south boundary line of the right of way of
Lawrence btreet, for a distance of 150 feet to a point in
the west boundary line of the right of way for IJest Shore-
line brive, said point being the northeast corner of the
tract herein described and quitclaimed;
Thence, in a southerly direction along the west boundary
line of the right of way for West Shoreline Drive, the
same being parallel to the original west boundary line of
said Water Dlock 3 as shown in the ,nap in Volume A at
Page 3 of Ilueces County Map kecords, for a distance of
301.2 feet to the intersection of the west boundary line
of the right of way for West Shoreline Drive and the north
boundary line of the right of way for Williams Street,
said point being the southeast corner of the lands herein
described and quitclaimed;
'ibence, in a westerly direction along an easterly extension
of the south boundary line of Water block 3 as originally
surveyed and shown in Volume A, Page 3, of the Nueces
County %aap Records, and the same being the north boundary
line of +4illiams atreet, for a distance of 150 feet to a
point constituting the southwest corner of the land herein
described and quitclaimed, said corner bearing in an
easterly cirection along the north boundary line of the
right of way of uuilllame Street, a distance of 190 feet
from the original southwest corner of said ''rater Block 3
as it appears in Volume A at rage 3 of the Vueces County
Map Records;
Thence, in a northly direction along the line that is
parallel to and 190 feet east of the original west boundary
line of Water Block 3 as shown In Volume A, Page 3 of the
Map Records of bueces County, Texas, for a distance of
301.2 feet to the place of beginning;
To have and to hold the same together with all right, title,
interest, estate, claim and demand of the City of Corpus Christi,
in and to the horeditaments and - appurtenances thereto belonging or
in any wise pertaining unto the said Winnifrod t+. Plato, her heirs,
successors and assigns, forever.
In witness whereof, we have hereunto set our hands this
day of February, 1952.
'1'I1L CITY. Ob CORPUS CtiHtSTI
B
y,V; b. Collier, City Manager
ATTEST:
City Secretary
APPROVED AS TO LEGAL rORM:
---City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
Before me, the undersigned authority, on this day personally
appeared *. B. Collier, City Manager of the City 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
Sueces County, Texas
QUITCLAIM DEED
STATE Or' TEXAS
COUNTY OF NUnCES
For valuable considerations, the receipt and sufficiency of
which is hereby acknowledged, Edwin F. Plato and.wife, winnifred
W. . Plato, have quitclaimed and by these presents do quitclaim to
the City of Corpus Christi, a municipal corporation, duly organ-
ized and existing under and by virtue of the laws of the :hate
of Texas, the following described, tract or parcel of land situ-
ated in Nucces County, Texas, to -wit:
A tract of land 20 feet in width and 301.2 feet in
length situated in Water Block 3 of the Beach portion
of•.ths ;City of Corpus Christi according to map or
plat thereof recorded in Volume 9, Page 38 to 41 of
the Map Records of Nueces County, Texas, and bounded
as roilowes
Beginning at a point in the easterly extension of the
original north boundary line of ','Eater Block 3, the
same also being the south boundary line of the right
of way of Lawrence Street, which point bears along
said line in an easterly direction a distance of 170
feet from the original northwest corner of said Water
Block 3 as it appears according to the official map
recorded in Volume A. Page 3 of the Nueees County Map
Records;
Thence, in an easterly direction along the original
said north boundary line of Water Block 3, as ex-
tended, the some being the south boundary line of the
right of way of Lawrence Street, for a distance of 20
feet to the northeast corner of the lands herein des-
cribed and quitclaimed, said point also being the north-
west corner of a certain tract of land quitclaimed by
the City of Corpus Christi to Winnifred W. rlato, by
deed of even date herewith;
Thence, in a southerly direction along the line con-
stituting the western boundary line of said tract of
land quitclaimed from the City of Corpus Christi to
Winnifred W. Plato, and being parallel with the ori-
ginal east boundary line of Water Block 3 as origin-
ally platted, for a distance of 301.2 feet to a point
on the north boundary line of the right of way of
Williams Street, and the original south boundary line
of said w7ater Block 3, as extended;
Thence, In a westerly direction along the northern
boundary line of the right of way of Williams Street
for a distance of 20 feet to a point situated 170
feet in an easterly direction from the original south-
west corner of said eater Block 3 as it appears In
Volume A. Page 3, of the Aueces County Map Records;
il
Thence, in a northerly direction along a line'-, parallel
vrith the original east boundary line of said Water
Shock 3, for a distance of 301.2 feet to the ppint of
beginning: l
4
To have and to hold the some together with all tight, title
1
interest, estate, claim and demand of the said Bdwin Plato and
wife r +innifred '3. Plato, in and to the hereditaments 4nd appvr-
tenanees thereto belonging or in any wise pertaining unto the
City of Corpus Christi, its successors and assigns forever.
1n testimony whereof, We have hereunto set our hands this
day of .rebrucry, 1952.
iiinnifred w, Plato
L:dw n F. Plato
THE S`.fA` h OF TPXAS
COUNTY OF NiJi:038
Before me, the undersigned, a Notary Public in and for adid
County and State, on this day personally appeared idwin V. :1ato
and Winnifred W. Plato, his wife, both known to me to be the
persons whose names are subscribed to the foregoing instrument,
and acknowledged to me that they each executed the same for the
purposes and consideration therein expressed, and the said
Winnifred W. 'leto, wife of the said Edwin F. Plato, having been
examined by me privily and apart from her husband, and having
the sa-1e fully explained to her, she, the said Tinnifred N. vlato
acknowledged such instrument to be her act and deed, and she de-
clared 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 February, 19$2.
Notary Public In and foF
Nueces County, Texas
a
H
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
®i7�
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
The above ordinance was passed by
the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon�ft�
George L. Lowman
44
Frank E. Williamson
z,