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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,