HomeMy WebLinkAbout03651 ORD - 02/03/1954AN ORDINANCE NO. 3651
AUTHORIZING AND DIRECTING THE CfTY I^ANAGER FOR AND ON
BEH. -',LF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE
=,IJ AGREEMENT WITH FR,INKLIN FL!:TO. FRED FLATO AND ROBERT
FL,,2 CONCERNING CERT111N PROPERTY SITUATED 3ETWEEN
MORGAN ',VENUE t % ND HOSPITAL BOULEVARD CONCERNING THE LO-
CP.TION OF B; %YLOR STREET AND KOKEP,NOT STREETS, IN CORRECTION
OF ORDIN T•;CE 1,,10. -365, PISSED .'.ND ..PPROVED ON THE 13TH
D ?:Y OF JANUARY, 1945; AND DECLARING AN ENiERGDICY.
WHLRE+S, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN AN
ORDINANCE KNOWN AS ORDINANCE NO. A -3651 PASSED AND APPROVED ON THE 13TH DAY OF
JANUAP.Y, 1945, AND ENTITLED °'AP -I ORDINANCE LAYING OUT AND ESTABLISHING KOKERNOT
AND BAYLOR AVENUES IN CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY'', PUR-
PORTED TO LAY OUT, ESTABLISH AND TC DESCi:IBE AS A PUBLIC STREET SAID STRIP OF
LAND NOW KNOWN AS KOKERNOT STREET, AS WELL AS A STRIP OF LAND•NOW KNOWN AS
BAYLOR STREET, SIXTY FEET (601) IN WIDTH RUNNING APPROXIMATELY NORTH AND SOUTH
AND SITUATED TO THE WEST OF KOKEi'.NOT STREET BETWEEN MORGAN AVENUE AND HOSPITAL
BOULEVARD; AND
WHEREAS, SAID 80 -FOOT STRIP OF LAND NOW KNOWN AS KOKEnNOT STREET,
AND SAID %O —FOOT STRIP OF LAND NOW KNOWN AS BAYLOR STREET WERE AMBIGUOUSLY AND
INACCURATELY DESCRIBED IN THE ABOVE DESCRIBED ORDINANCE, AND SAID 80 —FOOT STRIP
OF LAND NOW KNOWN AS KOKERNOT STREET WAS ALSO INACCURATELY AND,AMBIG000SLY
DESCRIBED IN THE ABOVE DESCRIBED AGREEMENT EXECUTED BY THE BAPTIST FOUNDATION
OF TEXAS AND OTHERS DATED JUNE 18, 1943; AND
WHEREAS, F°ANKLIN FLATO, F,:ED FLATO AND ROBERT FLATO, WHO ARE THE
SUCCESSORS TO ALL RIGHTS, TITLES AND INTERESTS OF THE Bs,PTIST FOUNDATION IN AND
TO ALL PROPERTY DESCRIBED OR REFERRED TO HEREIN, AND THE CITY OF CORPUS CHRISTI,
WITHIN WHICH ALL OF SUCH PROPERTY IS SITUATED, DESIRE BY THESE PRESENTS TO DESIG-
NATE SPECIFICALLY THE LOCATION OF SAID STREETS, TO DEDICATE AN EASEMENT AND
RIGHT OF WAY FOR SAID STREETS, AND TO CORRECT AND CLARIFY THE ABOVE DESCRIBED
AMBIGUOUS AND INACCURATE AGREEMENT AND ORDINANCE; -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. IN ACCORDANCE WITH THE FOREGOING PREMISES, THE CITY
MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE
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AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND FRANKLIN FLATO,
FRED FLATO AND ROBERT FLATO, CONCERNING THE LOCATION OF SAYLOR AND KOKERNOT
STREETS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR MAKING OF PUBLIC RECORD THE CORRECTION
OF THE MATTERS COVERED IN SAID AGREEMENT, CREATES A PUBLIC EMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY KEQUIRING THE SUSPENSION OF THE CHARTER (ULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION 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
P!\SSED AND APPROVED, THIS THE DAY OF FEBRUARY, 1954.
MAYOR
THE ITY OF CORPUS CHRISTI, TE
TTES
;;,�/ll /�o
, ,
I
CITY $EC P,ET RY:
APPROVED AS TO LEGAL FORM..
CITY ATTOdNEY
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the Baptist Foundation of Texas, a private corporation, the
City of Corpus Christi, and Nueces County, Texas heretofore entered into an
agreement dated June 18, 1943 duly recorded in the office of the County Clerk of
Nueces County, Texas, and in which said City and County in consideration of the
conveyance to it of certain lands comprising approximately 19 acres of land out
of Share 9, Tyre hweett Tract two (2) miles Southwest of the courthouse of
Nueoes County, Texas, agreed to pave certain streets further described in said
agreement; and
WHEREAS, in said agreement there was dedicated for street purposes a
stria of land now known as Kokernot Street 80 feet in width running approximately
North and South and situated between Morgan Avenue and a street referred to in said
agreement as the "proposed 80 -foot Boulevard" and now known as *Nosnital Boulevard ";
and
WHEREAS, the City Council of the City of Corpus Christi in an Ordinance
known as ordinance number A-365, and passed and approved on January 13, 1943 and
entitled "An ardinanoe Laying Out and Establishing Kokernot and Baylor Avenues
in Corpus Christi, Texas, Declaring an Emergency" purported to 1sY out, estab-
lish and to describe as a public street said strip of land now known as Kokernot
Street, as well as a strip of land now known as Baylor Street, Sixty Feet (601)
in width running approximately North and South and situated to the West of Koker-
not Street between Moran Avenue and Hospital Boulevards end
WHEREAS said 80 -foot strip of land now known as Kokernot Street, and said
60 -foot strip of land now known as Baylor Street were ambiguously and inaccurately
described in the above described Ordinance, and said 80 -foot strip of land now
known as Kokernot Street was also inaccurately and ambiguously described in the
above described agreement executed by the Baptist Foundation of Texas and others
dated June 18, 2943; and
WHEREAS, Franklin Plato, Fred Plato and Robert Plato, who are the
successors to all rights, titles and interests of the Baptist Foundation in and
to all ?roporty described or referred to herein, and the City of Corpus Christi,
within which all of such prnparty is situated, desire by these presents to designate
_1_
apeaificali:j 'tile locatior, of saia &vroeta, to d*dicata an e"eaeat and right
for xvlc, etreeta, anc., t4, correct alld chary the above described ambipzous
In sf t1w. I-Lo, ',-'red
Yl;Ao ai,,d i,;,bevt Elato lysrety delicate 'co the use of the 1%""jT of Govp"�, Llhil-Al
f,,z, stroet ;.4ldl3r, "Layli, zaid,
{2/ NLrip-i or tract,; of 1_mr :si Lht-, lx Cui,,„LL-n
.!Aeows ciinty, 1 c,4,a:., contall4ijql .Si acre a iaX 51 "wro,
.'P"Ln'; si a,atcal about L,"�
i'oll ',;fFL 'Txa Lh of mty vourtllouBe of
;Al '�:urvey "o. "we my -one {21) P�ktwlted by the t,6,te of kdxlis to
C;i 5cscl ;Saria i:'Arg4s, dlwbtmct l'). 17,
4 ,Lis ol wj.iLi Lrac'lla (;,f land uc: oav Part
tan-+' par", ha-ve -vO. 9 of t_o rartltl�ii of Lire ` YTO
or trkc43 Sri !..�!,lu.
t
of lane 0'ii feet wide wal 28„ feet long, coxltainiiiig
_wno
CrLLAU
at 4 fjL)Lm -,"w, �_L'Utiz bm4ld. r.� lino Q ov.iu`�.l
foot p�lllic ztrqcf., r-�ov , lospital for tl.t� kzr�rT,V_-,4;,St
con ev of 6hA'Ai >vliehev ;A ;A,Lti., W� -,Q,4tllviALit Zcdllgt QL`
tMrc ') of 1- w -ass ., 4 acre i.rccL. - roaclwd by r4zv:Lllp,
s-) W z•., w aJL, ��,a" cwLh litie of bozpitaL lioaievzird,
12".Z4 feet to -1 1-�oint lzi ttu,, Iasi bowiclar,v jiiae of
� saij iz"�,jett
Trae, and thoace J4,:' * ,a4r, t,aid iia� bouuutary liae,
3ZO.00
fti'S.L,-
feet to a poLt frw tie 'mitheast
Comer of th4r� tract, whence 4 ivint In, tile mouth boLaWkry lize r4
zLdd L, lltiare 5 aai6 of said Tyre 4useett 4OU-aciv tract, uLd center
Line uf IL'Ws4iTlk: bears a. It' 54' !a- 4v-OU rOOT,-
Th6lice L61 . p&m1lel. with asd feet jwrtwwll;,
at right ar,41v5, truiz, iiaid acath btjmdary liv* -,f 'Share
9 al'W, cwFLez llao .,r i-iurgall i.venue, i .06 feet Lo a POL-A fc)T- the
car--Or tida tract,-
a POL"'t SCAJ(.,
I'D fout _ , I'l•iAh
houndary of UOS�..itUl liQUlevard, for the Noririvetst comer of
`i Ltein (Xi ;6') a' 10 i�., along aalL bowwury ,,ne of
1,14apital lkuJLevaj-;.i, 60.D(+ feet to tine iAacs of begirvnlng.
A Strip Of lairld 8'CJ feet in width as 4_1u feet L,
caatdi"ij, .51 acre of land, be r* ka�owi as FoKarnot "treet, and
beli+ furtliur czesaribead
-2-
Beginning at a point in the South boundary line
of an 80.00 -foot public streets known as Hospital Houle
vard, for the northeast corner of this tract, whence a
point, the S: +utheast corner of said Share 9 of the Tyre
Mussett 400 -core tract is reached by running 11. 88006t
S., with said South boundary line of Hospital Boulevard,
705.88 feet to a point in the last bounds? line of said
Museett tract, and thence S. 2 00t E., With said East
boundary line, 320.00 feet, -
Thence S. 10 541 1. 280.00 feet to a point for the
Southeast corner of this tract, whonas a point in the
South boundary line of said Share 9 and of said Tyra
Museett 400 -acre traot, and center line of Morgan Avenue
bears S. 10 541 E. 40.00 feet, -
Thence S. 88° 061 G. parallel with and 40.00 feet
Northerly, measured at right angles, from said South
boundary line f Share 9 and center line of Morgan Avenue,
80.00 feet to a point for the Southwest earner of this
tract, -
Thence N. 10 541 w., 280.00 feet to a point in said
Saut# boundary line of Hospital Baulavard, for the Northwest
corner of this tract, -
Thence N. 880 061 E., along said South boundary lire
of Hospital Boulevard, 80.00 feet to the place of beginning,
TO sT wE AND To HOLD the above described easements and rights of
way, covering .39 acre and .51 acre respectively, perpetually unto the City of
Corpus Christi, and its successors forever.
For the same considerations and purposes, amd in farther consider-
ation of the conveyance of the easements and rights of way hersinabove contained, the
City of Corpus Christi hereby releases and forever quitclaims to Franklin Plato,
Fred Irato and Robert Flato, ani to their heirs and assigns forever, aoy and all
right, title and interest held or claimed by said City in or to that certain tract
of Sand conveyed by the Baptist Foundation of Texas to Fred rlato bor Dead Bated
April 29, 1946, and recorded in Volume 333 on Pages 62 -64 of the Deed Records of
Nueoes County, Texas; Save and Except the strips or tracts of land containing .39
acre and .51 acre and hereinabove further described.
Attached hereto and hereby made a part hereof is a plat designated
as Exhibit "AN and prepared by Bluobsr Engineering Com;.eny. The parties hereto
hereby stipulate and agree that said plat correctly and accurately shows the
locations and the boundaries of the rights of way of Baylor Street and Sokarnot
Street, as -jell as a portion of the North boundary line of the right of way of
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korw: Avome, a yortion of the South bow'Alary, line of Hospital boulevard, and
& Portion of the e,.A h)un,�ary I,Lm of Nineteenth Street, all as they now exist
ar '.,?ie ground avd as tied exist ,,s a mii�6tor of law by virtue of this instrument
othev jjzvtrtwa�n,Ls duty recoi-ded 1n ttw 0x.cicfa 04 , tha, "")'Jntzo �,Iarx f�f
%0!�lcas County, -7' Xau.
Ln teOL"Llony this "LilatruaGnt has i�uen ddiv sl&ned by Franxiit,�,
FLaL,�', Fred i"IItu -,nd dato; ancj tae s;ity or a aaa i,hriati hw.,, causcd
1,
,,,WT-e pmu!(miu tc-, t"a 4lzKecated Ly its 6 t ,anagcr ki y authorized tc nic ,50, and
-t 4,3 tee atteeLad by tr eG U� ty c,,acreta, ry axkj tae corpor4to seai of 6ai< City
hars• affixc�o haraUf Q-1 Uds the 2 1
of Ola-,v, A- L'-. 953.
z�
Ly,
City tanager
OF Nv"4:,Z
E: ivkL tim underaigred authorityj on thin !lay 1-1-.or5ortally dpi.gared
Franlain llato, fired Flatc and d-Obert Flato, Known to zj to 40 the perfluns vtkoue
xwieF are sub5oribed to t),.e fore j.p ' ' "ag irstnWent, and sact4 a6UiuvtLedged to 116
Vat �!Q 2?xuc"""u tine for Puricaes a azo I Uierein s)cpressun-
Notary tUlic la and for County, Texas
B&RI 4! ,Tl, tile undersigned saatharity, on this Lay parsainallyr appeared
Glty °anager of the City of
Car.ua Christi, knoxi to sae to be the person whose ram is subscribed to the
foregoing, instrument, and ackrow'ledpe to m$ that he executed the same for t ,e
es' oes ��aai oonsideration LhereYr, e:awresead, in tho aaa, acity tnej,Rin exited, ,:,nci
zl CTM act arud deed cif .;aie Cill yr of Co: cus Christi.
UEN UN . Y ; A, 'b ,i.s.;
I
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN;
a
CORPUS CHRISTI, TEXAS
1953
FOR THE REASONS SET FORTH %N THE EMERGENCY CLAUSE OF
THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY
EXIST FOR THE SUSPENSION 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;
A. A. LICHTENSTEIN ;
ELLROY KING
P. C. CALLAWAY ihv {,r .
JAMES $9,. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW "IfNG VOTEZ
A. A. LICHTENSTEIN Fq;I rT
ELLROY KINGN.Ar+�. l�
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE L�
1351