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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 /25( 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 -3- 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