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HomeMy WebLinkAbout03301 ORD - 08/05/1952jam/ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO EXECUTE A DEED FOR RIGHT OF WAY THROUGH SOUTH GUTH PARK, AND THE OSO SEWAGE PLANT 35.63 ACRE TRACT, TO THE COUNTY OF NUECES, STATE OF TEXAS, FOR THE PROPOSED COUNTY ROAD LEADING FROM LEXINGTON BOULE- VARD TO A JUNCTION WITH ALAMEDA STREET NEAR THE MUNICI- PAL GOLF COURSE, BEING THE CAYO DEL OSO ROAD; A COPY OF WHICH DEEDS ARE ATTACHED HERETO AND MADE A PART HERE- OF; AND DECLARING AN EMERGENCY. WHEREAS, AT THE TIME OF THE LOCATION OF SOUTH GUTH PARK IT WAS CON- TEMPLATED THAT A RIGHT OF WAY THROUGH AND ALONG SAID PARK WOULD BE USED FOR A ROADWAY, AND THE COUNTY OF NUECES IS DESIROUS OF OBTAINING SUCH RIGHT OF WAY FOR ROAD PURPOSES, AND IT BEING ADVANTAGEOUS TO THE CITY TO GRANT SUCH-RIGHT OF WAY FOR SAID ROADWAY, WHICH ROAD WILL GRANT ACCESS TO VARIOUS CITY PROPERTY AND CONSTITUTE A LINK BETWEEN LEXINGTON BOULEVARD AND ALAMEDA STREET, TWO MAIN ARTERIES OF AND TO THE CITY OF CORPUS CHRISTI., TEXAS; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI DEEDS FOR THE REQUIRED RIGHT OF WAY THROUGH SOUTH GUTH PARK AND THE OSO SEWAGE PLANT 35.63 ACRE TRACT, AS MORE PARTICULARLY DESCRIBED IN SAID DEEDS, TO THE COUNTY OF NUECES, STATE OF TEXAS, FOR THE PROPOSED CAYO DEL OSO ROAD LEADING FROM LEXINGTON BOULEVARD TO A JUNCTION WITH ALAMEDA STREET NEAR THE MUNICIPAL GOLF COURSE OF THE CITY OF CORPUS CHRISTI, TEXAS, COPIES OF WHICH DEEDS, IN THE FORM OF RIGHT OF WAY EASEMENTS, ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY OF IMMEDIATELY AUTHORIZING THE AFORESAID ACTION, BEING A PREREQUISITE TO THE CONSTRUCTION OF SAID ROADWAY, WHICH IS TO THE BENEFIT TO THE PUBLIC HEALTH, WELFARE AND CONVENIENCE, 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 SUCH EMERGENCY AND NECESSITY, 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, ;7 IT IS ACCORDINGLY PASSED AND APPROVED THIS THE o'er'- DAY OF AuousT, A.D. 1952. MAYOR CITY OF CORPUS CHRISTI i6aRY _ APPROVED AS TO LEGAL FORM: CITY ATTOh EY I x s ' Corpus Christi, Texas 19 b L� :O Tf ;E MEM1II3ERS OF ME 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 Sydney E. Herndon George L„ Lovnaan Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman [_ Jack DeForrest Sydney E. Iierndon aG4,-�4- George L, Lowman Frank E. Williamson �3ai Nueces County R -O -W Form No. 2 STATE OF TEXAS COUNTY OF NUECES K Panel Norio, i RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT CITY'OF'CORPUS CARISTI , A MUNICIPAL CORPORA ION, ACTING HEREIN BY-AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, W. B. COLLIER,_._ of NUECES COUNTY, TEXAS , in consideration of the sum of Ow Dollar (81.00) and other good and valuable consideration in hand paid by the County of Nueces, State of Texas, acting through the Commissioner's Court, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the County of Nueces, State of Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following land in Nueces County, Texas, owned by SAID CITY and being subject to: (IMPORTANT NOTE: If no liens, easements or leases exist, insert the word ONONE2.) Lien /s held by: NONE EASEMENTS HELD BY: HOUSTON NATURAL GAS CORP. VOL 270 P- 57 DR AND Address Easement /s held by: N{lF,C-ES CO. r VOL. 279 P. 487 DR, AND NUECES NAVAL BASE WATER SUPPLY . AS ASSIGNED WO UITY OF CORPUS GHRISTI 75-L-7-343 P. IU UEED ROS. Lease /a held by: JOE'H. _BAKER FARMING LEASE DATED AUGUST 19, 19511,AS AUTHORIZED BY _ RDINANCE 3IJ8 OF THE URDINANCE AND RESOLUTION RECORDS OF TH ITY. and being more particularly described as follows, to -wit: Being all that certain strip or parcel of land 801 wide required for County Ho Right- of-way purposes out of South Guth Park# 70 acre tract# and being sore particularly described as f°llws# to-wits BeEinning at a point in South Property line and hest Right-of-way Liao of Car* Del Oso Road intersection. Thence in a North waasterly direction along the West right -cf war Was of 200 00± curve with a center line radius of 286.51 a distance of 318.941 to P.T. of 'said 900 001 crar#s. ✓ Thence N. 760 111 W. a didtsnod of 400.17 ft. to P.C. of 150 001 curve with a central angle of 780 001 Rt- v Thence along said curve rhich has a center lino distance of 5201 ft. to P.T. of said carve. Thence N. 10 491 E. a distance of 323.91 ft, to P.C. of 30° 001 curve with a central owls of 62° 48, Lt. Spence along said curve which ha's a center line distance of 628.01 to P.T. of said curve. Thence N. 600 591 W a distanoe of 18.921 to P.C. of 2D° 001 curve with a central angle Of 900 001 Lt. . Maus along amid curve which has a center line distance of 450 ft. to P.T. of said cum. Thence N. 600 591 W. a distance 401 this point being the intersection Of the center line Beckner Road and P.T. of a 2D° 001 Curve. Thence N. 290 011 E. a distance of 155.50'this point being the intersection of the center line of Beckne Road a North vast Right -ofwiW line of 200 001 a,,rva ,/ Thence along said aprve In a Northeasterly direction a distance of 18$ &23 M to a point of intersection of another curve Ught-of*Wey 21us: Theses !at a �ortbsssiiily direotiom a at:188i21 ft7 to g PO:{sst We paint bring the intorsratiom of the center line Becknar Aofd' and BJ*t»*ZmW ljre of a 2O0 00, ours: -E � Thence No 29'0 01'(0 a distaaae of 255.1041- to P#TM of said XP 00, gWwo / Thsmee No W.011 19. MOAn" of 117+44 ft, the P.O. of a 200 Coe Q'Ur e41 ✓ Then" II. JV*"#l41.(W) a distance 917.8541 this paint being the intefaection of the denier Um of Bscimir Read and wri !fat of a 100 0041 curie. Thence in =i%;sonthimpt- WAY dd,#±retigm's11049 UO outside radios of 100 009 Cores a district of 222070 fir to P.G. of acid ]A0 0041 oniil, Thence So $90'Ol► Wf a distamee of 117064 ft, to P.To of a 200 Oo41 cure r/ Thencs Along 209 00 a'tti°+Ia vhIch ham a center line distance of 4WI to P.O. of said 200 000 ouY'1►4s' ✓ 2AM S. lie :a-dL' stauos 'at 180991 to Ptq* of a,200 0041 _ curves ✓Thonee in a to diration -alms said 100 001 *Ach has a cemtir 11ae ,stance of 62800+ to pea. 100 0041 aft0m. ,/bens So l° 491'w- a distance of 393491 fto to P.T. of a 19 001 Curve. /Thatoe 'clomg seid 150 001 amore wbich has a center line distance ct 52041 to PMC# of said 250 00• curve. ✓!bases So 760 111 B. a #jot=* of 400,17' to PsTs_ of a 200 0041 oeras. Tbemas slang the outside radius of said 200 000 curve a distancw of 37949 this polatt, --'being the Snterrection of South Guth Pane South property line,adC"o Dsl Gan•miftt"e.; way llne* i Thsmov So 520 4141 Wo a distance of 9$.8h ft. to the Point of beginnimgo The above described panel-lot land 0MU101ag $$636 s ores sort or less at vhich '*327 som . are comtsimed in Becknor Raiid requi 5.309 auras additionslo Nueces County R -0-W- Form No. 2 For the purpose of opening, widening, cohstructing and maintaining a permanent County Road in, along, upon and across said premises, with the right and privilege at all times of'the Grantee herein, his or its agents, employees, warren and-re- presentatives 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 County Road or any part thereof. It is agreed that upon abandonment of the above mentioned County road,-or any part thereof, by order of the Commissioners, Court of Nueces County, Texas declaring the same, or any part thereof abandoaedl then all title right and - interest in and to the road or any part thereof so declared abandoned shall revert back to and be in the owner at the time of the abandonment by such order of the Commissionerst Court of the fee of said road or part thereof. And it is further agreed that Nueces County, Texas, 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 described property; 'said fences, buildings and/or other obstructions will be re- located in relation to the new right -of -way as they are located with relation to the present right -of =way, on the remaining portion of the said Grantors, property, as desired by the Grantor. Mineral, Oil and Gas rights are hereby reserved unto the Grantor, his heirs, successors or assigns but all rights of ingress and egress for the purpose of ex- ploring, mining, drilling or developing said Mineral Rights are hereby waived on land herein conveyed; but said land is conveyed subject to all existing and out- standing Oil, Gas and Mineral Leases and rights -of -way for pipe lines and/or other purposes which may have been granted by Grantor herein. TO HAVE AND TO HOLD unto the said County of Nueces, State of Texas, as aforesaid for the purposes aforesaid the premises above described. Witness hand , this the day cf A.D. 19 STATE OF '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 the oath of , a credible witness) to be the person whose name subscribed to the fore- going instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Y GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 19 NOTARY P C in and for COUNTY, STATE OF Cayo Del Oso Road Parcel No. 5 . Nueces County R -O -W Form No. 2 RIGHT -OF -WAY EASEMENT STATE OF TEXAS SNOW ALL MEN BY THESE PRESENTS: COUNTY,OF NUECES THAT Citr of Corpus- Christi., of , in consideration of the sum of On' .Dollar ($ltd) and other good and valuable consideration in hand paid by the County of Nueces; State of Texas, acting through the Commissioner's Court, receipt of which is hereby acknowledged, do by these presents grantp bargain, sell and convey unto the County of Nueces, State of Texas,'the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following land in Nueces.County,:Texas, owned by and being subject ton (IMPORTANT NOTEi If no liens, easements or leases exist, insert the word 'NONE'.) Lien /s, held by:• NONE Name Address Easement /s held by: NONE Lease /s held by: NONE and being more particularly described Ve follows, to -wit: Being all that certain strip or pascal of land Sol wads soqwirod for County Road Rightaof -wq* purposes out Of Oso Sewage Disposal Plant 35.63 Acre Tracts and being more particularly described as Sollcwea to -sits Beginning at center line station'80 j 57.78 this point being the intersection Of 080. Sewage Disposal Plants South property 11ns,and Backner Road center line. Thence N. 600 5 7c W. a distance of IUD ft. to hest Rightaotwq'11ns. Thence in a Northefly direction slang the inilde Radios of a 100 001 awn which has a central engle of 390 001 Lt* and a center line Badivs of 5731 a distance ,o$ 357.89 ft. to P.T. of 'said 100 001 curve. .Thsnge N. 90 591 W. a distance of.710605 ft. to the Intersection of shore lips surrey. Thence S. 490 691 low B. a distance of.103.41 ft. to a point on shore line sarvay. Thence S. 310 591 402 E. a distance of 39.391 to a paint his point being the intersection of But Right -of -wage line and shore line survey. Thence S. 90 591 B. a distance of 384.30 to a point. Thence S. 40 391 YOO W. a distance of 22.581 to a Ooint. Thence R. 340 5V 400 s distance-of 13.58! to a'polnt. Z=06, S: . 9° 591 B. a q of 175.091 to a point this point•being Ue P.T. of the above tidn«f t0� ^001 our". Thence along the oats ao radius of said 100 001 a distance of 194.51'1 ft. this point being the iutes'seotion of the Bast Rdot•of -way line a center lip; of Bsoimer Road. dl0t4w* Of MA to Point Of basinniago dmaft" -*U4p or puma of law contains a tattl of IAM ma"s Am* or 2"m of %blob *206 am* uW,;*wt"wd in SOCkUw AW or *ftftauO of 1,695 *om Nueces Chanty' -' ' R -C-W- Fora No. 2 "' ! d i _ For the purpose of opening, iiidening, constructing and aaintaining -a,peimaatlnt County Road in, along, upon and across said premises, with the right and privilege at all times'ofthe'Grantee" herein, his. or its agents; e4loyees, wirloaen-anCre- presentativeslIhaving ingress,� sa and regress in, along, upon and across said premises for the purpose of making additions to, improvements on snd•repairs to the said County Road or any part thereof. It 'is agreed that -upon abandon�mmeent of the above, mentioned County road,' or any part thereof i;"by order of the Commssi'oi6pok Court of Nueces County; Texas declaring the aami3, or any part thereof abifidAi4, then all " title -right and7ifiterest in and to the road or any part thereof so declared abandoned shall revert back t6'and be in the owner at the time -of the abandonment by such order of the Commissioners' Court of the fee of said road or part thereof. And it is further agreed that Nueces County, Texas, 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 described property; ,said fences, tivliiii gs mid/or ether obstructions will be re- located in relation to the new right -of =wady as they are locited�-with'relatiofi to the present 'right -of -ways on the remaining portion of the said Grantors, property, as desired by the Grantor. Mineral, oil and Gas rights are hereby reserved unto the Grantor, his heirs, successors or assigns bat all rights of ingress and egress for the purpose of ex- ploring, mining, drilling or developing said Mineral Rights are hereby waived on land herein conveyed, but said land is conveyed subject to all existing and out- standing Gil, Gas and Mineral Leases and rights -of -waq for pipe lines and/or other purposes which may have been granted by Grantor herein. TO -HAVE AND "TO HOLD 'unto the said'County of Nueces, State of Texas, as aforesaid for the purposes aforesaid the premises above described. Witness hand , this 'die day of A.D. 19_ STATE OF COUNTY OF s 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 the oath of , a credible witness) to be the Berson whose name_ _ subscribed to the fore- going 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 of ' A.D. 19 PUBLIC NOTARY in and f or COUNTY, STATE OF