HomeMy WebLinkAbout03763 ORD - 06/02/1954Irs:NP 6 -2 -54
AN ORDINANCE
ACCEPTING FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI OF RIGHT -OF -WAY DEED FROM THE DIOCESE OF
CORPUS CHRISTI AND MARSHALL BOYKIN III AND PAUL J.
KOEPKE IM CORRECTION OF AND IN LIEU OF RIGHT -OF-
WAY DEEDS HERETOFORE EXECUTED BY THE OWNERS OF
PROPERTY ABUTTING SANTA FE STREET WHOSE RIGHTS
ARE NOW OWNED BY SAID GRANTORS, SAID RIGHT -OF-
WAY DEED HEREBY ACCEPTED BEING IN LIEU OF AND IN
CORRECTION OF DISCREPANCIES AND UNCERTAINTIES
EXISTING IN SAID FORMER DEEDS AND FOR THE PURPOSE
OF MAKING CERTAIN THE RIGHT -OF -WAY OF THE CITY IN
SAID SANTA FE STREET; AND DECLARING AN EMERGENCY.
WHEREAS, BY DEED RECORDED VOLUME 273, PAGE 241, DEED RECORDS,
NUECES COUNTY, TEXAS, RT. REV. EMMANUAL B. LEDVINA, BISHOP OF CORPUS CHRISTI
ACTING IN SUCH CAPACITY AND NOT INDIVIDUALLY, AS GRANTOR, PURPORTED TO CONVEY
TO NUECES COUNTY, TEXAS, AS GRANTEE, A STRIP OF LAND THIRTY -FIVE FEET WIDE
ALONG THE CENTER LINE OF A RIGHT -OF -WAY SURVEY FOR SANTA FE STREET, WHICH
DEED REFERRED TO A CERTAIN MAP SUPPOSED TO BE FILED OF RECORD IN THE COUNTY
CLERK'S OFFICE OF NUECES COUNTY, TEXAS; AND
WHEREAS, SUCH MAP 15 NOT OF RECORD IN THE COUNTY CLERK'S OFFICE,
AND IT IS NOT KNOWN WHICH OF TWO DIFFERENT SANTA FE CENTER LINE SURVEYS WAS
DESCRIBED AND SHOWN ON THE MAP REFERRED TO IN THE ABOVE DEED, AND IT WAS THE
INTENTION OF THE GRANTEE TO ACQUIRE UNDER THIS DEED AND OTHER INSTRUMENTS OF
TITLE A SEVENTY FOOT WIDE RIGHT -OF -WAY FOR SANTA FE STREET; AND
WHEREAS, BY DEED DATED AUGUST 131 1941, AND RECORDED VOLUME 2f3,
PAGE 246, DEED RECORDS, NUECES COUNTY, TEXAS, CLAUD DUNN JOHNSTON, AS GRANTOR,
PURPORTED TO CONVEY TO NUECES COUNTY, TEXAS, AS GRANTEE, A STRIP OF LAND
THIRTY -FIVE FEET WIDE ALONG THE CENTER LINE OF A RIGHT -OF -WAY SURVEY FOR
SANTA FE STREET, WHICH DEED REFERRED TO A CERTAIN MAP SUPPOSED TO BE FILED
OF RECORD IN THE COUNTY CLERK'S OFFICE OF NUECES COUNTY, TEXAS; AND
WHEREAS, SUCH MAP IS NOT OF RECORD IN THE COUNTY CLERK'S OFFICE,
AND IT IS NOT KNOWN WHICH OF TWO DIFFERENT SANTA FE CENTER LINE SURVEYS WAS
DESCRIBED AND SHOWN ON THE MAP REFERRED TO IN THE ABOVE DEED, AND IT WAS THE
INTENTION OF THE GRANTEE TO ACQUIRE UNDER THIS DEED AND OTHER INSTRUMENTS OF
TITLE A SEVENTY FOOT WIDE RIGHT -OF -WAY FOR SANTA FE STREET; AND
WHEREAS, CORRECTION DEEDS IN LIEU OF SAID ORIGINAL DEEDS HAVE BEEN
DULY PREPARED AND EXECUTED BY THE PRESENT OWNERS OF THE LANDS ABUTTING SAID
SANTA FE STREET AND IT IS DESIRED BY ALL PARTIES TO CORRECT THE DISCREPANCIES,
UNCERTAINTIES AND DESCRIPTION APPEARING IN SAID FORMER DEED IN ACCORDANCE
WITH THE INTENTION OF ALL PARTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION I. THAT THE CITY OF CORPUS CHRISTI DOES HEREBY ACCEPT
THE DEEDS HEREINABOVE REFERRED TO, COPIES OF WHICH ARE ATTACHED HERETO AND
MADE A PART HEREOF, SUCH ACCEPTANCE BEING FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI AND IN LIEU OF THE RESPECTIVE DEEDS ABOVE REFERRED TO, THE
CITY SECRETARY IS HEREBY AUTHORIZED TO ACCEPT SAID DEEDS AND HAVE THE SAME
PLACED OF RECORD.
SECTION Z. THAT THE NECESSITY FOR CLARIFYING THE UNCERTAINTIES
HERETOFORE EXISTING IN THE RIGHT -OF -WAY OF SANTA FE STREET BY THE AFORESAID
CORRECTION DEEDS CREATES A PUBLIC EMERGENCY 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 TO EXIST, HAVING REQUEST-
ED 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 A D AFTER ITS PASSAGE, IT 15 ACCORDINGLY PASSED AND APPROVED, THIS THE
DAY OF .JUNE, 1954.
MAYOR PRO -TEM
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:, /'� `
I�
CITY SECRETA Y
APPROVED AS TO LEGAL FORM:
CITY ATTaRNEY
-2-
CORREMON ilk-,LD
ST14TE OF rw: s
coulrz OF IMICT'S
41E'REAS, by Dead recorded Volume 2?3, Page 241, Deed
Records, Nuoces CountyO Twms, Pt. Rev. Zmsanuaj B. Leftlm,
Bishop of Corpus Christi acting in such capacity and.not in-
�ilvidually, as. Grantor, purported to convey to Nueees Cowity,
Tcx�s, as Grante,.,,', a strip of land tUrty-five, feat Ads
along the center line of a right-of -wny survey for Sant-n Pe
Street$ which Dead referred to a certain =np supposed to be
filed of record in the County Clerkfs office of Nueces County,
T=,•sl and
Most Reverend M, S. Garrigii, D.D., UoDot
is the present Bishop of the Diocese of Corpus Christi, and
successor in such office to Rt. Rev. rmmanuel 3. Ledvina,
Deocr-,sel'l and
WMUTiAS, such map is not of record in the County
"Iler1cls offtca, and it is not Im")"411 ""'Uch of tlao "'liffe"rent
Etanta FO conter li-ao sumo ,ys described aid shotwai on Vie
map referred to in the above dood; and
WITITTItS, It was the intention of the Grantee to
require under this Deed and other instrtomts of title 9L
Seventy fOOt vift right-Of-vf,,s7 for j-anU Fe Street;
NOW, TUREFORF, in order that this right-of-w.,,y may
ae definitely estz-blishad with oert,-,inty according to the
intention of Vie partiir.,s at the time of the execution of
the abovo mentioned deed, this Deed Is executed in lieu of
and for the express purpose of correcting the uncertain des-
cription contained in that De�d, and to offset such purpose,
the underaigpasd, Most Reverend X. S. Garriga, O*D., UoDo,
-Bishop of the Diocese of Corpus Christi, acting by and through
Isis Attorney-in-fact, Right Reverend William H. Oberste, Vicar
Pa ;,Ye 2"
General of the Diocese of Corpus Christi, does hereby grant
and conwl unto the City of Corpus ChrisUp TeX-,,,,sl a T' S
municipal corporation, (and suacc-,ssor in Interest in and to
said riS!jt-of-,,m-_y) sit t(5 Wjoh city's successors in intorestj
all of his right, title and into--nost il, and to a strip Of land
situated in Nuaces County, T=as, d>serlbed as followss
.D.MMING at a point In the center line of 8:1ntn, F0
Stre t as said center lincc is shown on the Aberdem
shovcr lat rl,cordocl 7W,)k 7, Page 12, Mv-P 11000--is,
lqueces county, Texr..s, which point Is located at the
Wtersection of said center line and a line rmuling
i= 430 251 E from the most Northerly corner of that
tr,,,ct of land known as "Tract G,11 which tract
Is describe. in that conveyance dated 11ovember 16,
1923, recorded Volmc U81, Page 597, Deed !Zemcds,
N-,feces County, Texas, fror Z. L. Gr --ham and wife,
' ,yrtje Gauh gym., to pt. Rov. 4m=nel Tj., Ledvina,
Catholic Bishop of Corpus Christi, Texas, (to which
"se?ad anew the recon� therrof rcf,ri�zcr, is here made
for a rjij•s partic-talar description of SpAd, trrct);
TIC,: im, S. 430 25* !.tllirt'-fiVO feet to � Point,
whit Point is located in the Mortlrvestam bound'iry
line o." "Tract G-11
MINCE S 460 35' 7- the intersection of such
Ila, .nth s,,jt1,,c1- :stern bey -dary line WL' Said
"Tract G;"
THENCE, '17. )+31,1 2',,' th* CentOr line of �;ant--, Fe
Street as sho,,,,,n m the Aberdeen Shores Plat;
is . 46- rl "* along said center 11M to the
pinee of begl*
In witness whereof, this Deed has been eXecUted this
day of
, 1954.
most Bevorend 11, .14. Garrigal
D*D#% LL*D* A Bishop of the
Diocese of tiorpus Christi,
Byt W Irrm— 1-14
bber$to, Attorney -in- facts
vicar General Of the Di0eGS0
of ";arpus Christi*
pnzp 3*
STATE', OF TM
COUNTY OF MECES
Before met the undersigned authority, on this day
oroozially a peared Right Reverend William H* Oberste
34ar Gener,)f of the Diocese of Corpus Christi and Attorney
ire -facet for the Most Pev-orend ;,,. S. Garriga, 1).D.*# LL.Do,
Bishop or the Mooese of Corpus Christi, known to me to be
tie person use name is substribed to the foregoing instru-
amt and aaknowledged to nie th,,t he executed the same for
the purpo,,,e-s and consideratian therein expressed and in the
capxu,icity therein sV4,ted.
a
Given under my hand and s.. of ofz'ice this
�'Iay of 19T4*
Notary Public# in and for
Nueces Co=tyj Texis.
COF[W.,,CTIO2 Dr*FD
STATF OF TEXAS
'111=71-0, by Deed dk)ted August 13, 1941, and "*orde 4
Volume V3, PaSo 246, Dpe-0 Rocm,,Is, Nueces Comity, Tf.,xns,
Claud Duren Johnstc:n, as Grantor, V-1irported t,) cr,-)nvey to
Ooiinty, Te, -z, as Gr- iitee, a strip of 14v,- VA ! -'"s *_ f0et
vide IL,( c�'. r- ri--,!ft-o,7-%r Y mtm-j- f 0. ,ta
trcet -AAcIz Dee;)
to
Oe filed of r,�Cor; L.- t! +c Co mty Cle--4'11^. of-fice
mznli rv-,7 is nrit of rr.crin"I in tile doumty
Mork's offico, It lr� 11ot which of t,r, r1f -rat
1`0 Une .,urvoys was. described an,,--", shmm. zn the
-he -,
ferred ti,i in t %,-.-)ve (lv,.,,ed; and
t7-i,,, intenticm of the Gr-nto� to
acqitire un(Im- thic. heed athi�,- instruments -. of title a
scventy fl"�ot Ade 7c
mder that this.
my oo es- blished vrit' c; -rtnint;�, p. eorz+inr, to
the intention of the ptrtioa at the time of the erecution of
that Deed of klgast 13, 191,1, t"As Dc-ct is executed in lino
of arul for the cxpr rts purpose of correcting the uncertain
scription contained In the a',,-ove described Do,(,4 d, ted
A,,wust 13, 1941; arv.] to effect such purpose, the mderslriv>dj
W,FSTULL 111)YXIN III and PATM J. KOEM, do hereby GRANT and
(y. TV-
i Ty Imto, Urn, CITY Or CORP :Z1 TEKAS, a Texas minialpal
corporation, and its succcsraors in intore st, all of their rightq
title and interest in and to a strip of land situated in "feces
County, Texas, described as followat
?,5'GINTNI13G at a point in the center line of Sant,-. Fo
:Areet r:s said center line is sho-,m on the Aberdem
Shores Plat recorded Boo'x 7, Page 12, Map Recortist
j 'Ju located mccz Cotmty, Texas, which point is joca at the
intersection of a line r=-Ang N 1+30 251 E from the
Paige 24
most Easterly corner of that certain tract of lend
known as the "McAlister Tract," i&ich tr,-et is ,Ins-
cribed in that conveyance dated September 10, 1932,
recorded Volume 205, Page 1+1� Dee. d llecords V icc(,
Page 3.
STIALIT OF TrN-AS
C"'I'My OF MCES
Before me, the undersigned authority, on this Oay
persorml:Iy appearc-: P-�ul J. FoGpke, r --nom n to one to be the
person Aiose name iE subscribed to the foregoing instrument
and aclmo-alcC.god to re that he executed the srmc for thm p-tr-
poses ar, ocnsidcr-ation theere.-In c- xpressed*
Gimm md.or my hand. anel of office this _ day
Notar-,r P,,,,blicl t-n '; for
'T nece' r Ciunty Teas,
Delivery of this conveyance accepted in behalf of the City
of Corpus Christi, Texas, by the duly authorized action of
its City Comeil on the _ any orJunet 1954*'
City Soaretw
i 0
CORPUS CHRISTI, TEXAS
195
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOINr.-"DINANCE, 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 /! C
CITY OF CORPUS CHI TAT F, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
MAYORS OFFICE VACANT
A # *A# *7k- ttf4 -VtAi6 Vt4l%
ELI-ROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE*.
MAYORS OFFICE VACANT
ELLROY KING
P. C. CALLAWAY,-
JAMES S. NAISMITH "
W. JAMES BRACE
�1�,3