HomeMy WebLinkAbout03852 ORD - 08/25/1954r h EMB:AC:8 /25/5+
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE BY THE
PROPER RIGHT -OF -WAY CONVEYANCES THE RIGHTS -OF -WAY DES-
CRIBED HEREIN FROM R. M. AVERA AND WIFE CLEO KISTLER
AVERA, T. M. SAPP AND WIFE MINNIE T. SAPP, AND A. B. AULT
AND WIFE MAMIE B. AULT;APPROPRIATING THE SUM OF NOT MORE THAN
2,293 TO BE PAID AS CONSIDERATION FOR THE RIGHTS -OF -WAY CON-
VEYANCES, SAID SUM TO BE APPROPRIATED OUT OF NO. 202 CITY
OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
ACCEPT ALL INSTRUMENTS NECESSARY, AND TO MAKE THE PAYMENTS
PROVIDED FOR AND NECESSARY AND REQUISITE TO SAID ACQUISITION;
AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI HAS DETERMINED THAT THE NECESSITY
EXISTS TO ACQUIRE THE EASEMENTS MORE PARTICULARLY HEREINAFTER DESCRIBED FOR THE
PURPOSE OF INSTALLING THEREIN A 54° RAW WATER LINE AS A NECESSARY ADJUNCT,
APPURTENANCE, AND PART OF THE EXPANSION OF THE MUNICIPAL WATERWORKS AND THE
0. N. STEVENS WATER FILTRATION PLANT NEAR CALALLEN, TEXAS; AND
WHEREAS, THE OWNERS OF SAID PROPERTIES ON AND THROUGH WHICH IT IS
NECESSARY TO ACQUIRE SAID EASEMENTS HAVE AGREED THAT THE APPRAISAL VALUE HERE-
TOFORE RENDERED BY APPRAISERS APPOINTED BY QUALIFIED,EXPERIENCED AND IMPARTIALED
APPRAISERS HERETOFORE APPOINTED UY THE CITY 1 -5 A FAIR MARKETABLE VALUE FOR
SUCH EASEMENTS, AND THE CITY OF CORPUS CHRISTI IS OF THE SAME ACCORD; AND
WHEREAS, IT IS NECESSARY TO APPROPRIATE THE PARTICULARIZED SUMS
FOR THE ACQUISITION OF SAID EASEMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
110%, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE BY THE PROPER RIGHT-
OF -WAY AND EASEHENT CONVEYANCES THE FOLLOWING DESCRIBED RIGHTS -OF -WAY:
TRACT 1 - A FIFTY (50') FOOT STRIP ACROSS THE FOLLOWING LAND:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN
NUECES COUNTY, TEXAS, AND BEING SITUATED ABOUT FIFTEEN (15)
MILES NORTHWEST FROM CORPUS CHRISTI ON THE SHELL ROAD, BEING
A PART OF THAT CERTAIN PEARL MAGEE TRACT WHICH LIES WEST OF
THE ST. LOUIS, BROWNSVILLE AND MEXICO RAILWAY, CONTAINING
12.25 ACRES OF LAND AND BEING THE SAME PROPERTY CONVEYED TO
R. M. AVERA AND WIFE, CLEO AVERA BY FLORENCE C. CAPSHAW, A
WIDOW, BY DEED DATED NOVEMBER % 19421 RECORDED IN VOLUME
286, PAGE 61, OF THE NUECES COUNTY DEED RECORDS.
SAID RIGHT -OF -WAY ACROSS THE ABOVE DESCRIBED
LAND IS LOCATED ON AND ALONG A CENTER LINE EXTE14DING ACROSS SAID
LAND AS FOLLOWS:
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BEGINNING AT A POINT IN THE NORTH OR NORTHWESTERN BOUNDARY
LINE OF SHELL ROAD, SAID POINT BEARS N 53' - 45' E, 333 FEET
FROM THE SOUTHWEST CORNER OF THE ABOVE MENTIONED R. M. AVERA
12.25 ACRE TRACT;
THENCE N 37' - 27' W, PARALLEL TO AND FIFTY (50') FEET EAST
OF THE CENTER LINE OF THE CENTRAL POWER AND LIGHT COMPANY
138 K. V. TRANSMISSION LINE, A DISTANCE OF 752.51 FEET TO
A POINT IN THE WEST BOUNDARY LINE OF THE SAID R. M. AvERA
12.25 ACRE TRACT, SAID POINT BEARS S 13° - 23' E, 143.78
FEET FROM THE NORTHWEST CORNER OF SAID R. M. AVERA TRACT,
SAID RIGHT -OF -WAY TO BE PURCHASED FROM R. M. AVERA AND WIFE CLEO KISTLER AVERA
FOR AND IN CONSIDERATION OF THE SUM OF $863.00.
TRACT 21 - A FIFTY (50') FOOT STRIP ACROSS THE FOLLOWING LAND;
ALL THAT CERTAIN TRACT OR PARCEL OF LAUD SITUATED IN
NUECES COUNTY, TEXAS, AND BEING TEN (10) ACRES OF LAND OUT
OF THE EAST PORTION OF A SEVENTY (70) ACRE TRACT CONVEYED
TO MARY 31CKHAM BY ALICE L. MAGEE, ET AL, BY DEED DATED
SEPTEMBER 7, 1909, AND RECORDED IN THE DEED RECORDS OF NUECES
COUNTY, TEXAS, IN VOLUME 94, PAGE 2791 SAID TEN ACRE TRACT
IS SITUATED IN NUECES COUNTY, TEXAS, ABOUT FOURTEEN (14) MILES
NORTH 7O° WEST FROM THE COUNTY SEAT, BEING A PART OF THE
GREGORIA FARIAS PORTION OF THE BARRANCO BLANCO GRANT, AND
BEING THE EAST TEN (10) ACRES OF THAT PORTION OF SAID SEVENTY
(70) ACRE TRACT LYING SOUTH OF THE SOUTHEAST BOUNDARY LINE OF
THE RIGHT OF WAY OF STATE HIGHWAY No. 128, AND BEING THE
SAME PROPERTY CONVEYED TO T. M. SAPP BY A. B. AULT AND WIFE,
MAMIE AULT SAME AS (MARY BICKHAM, OR MAMIE B. AULT) BY DEED
DATED JUNE 29, 19452 RECORDED IN VOLUME 312, PAGE 172 OF
THE NUECES COUNTY DEED RECORDS.
SAID RIGHT -OF -WAY ACROSS THE ABOVE DESCRIBED
LAND 15 LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS
SAID LAND AS FOLLOWS;
BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF THE ABOVE
MENTIONED T. M. SAPP TEN (10) ACRE TRACT, SAID POINT BEARS
S 13' - �3' E, 143.78 FEET FROM THE - NORTHEAST CORNER OF THE
T. M. SAPP TEN ACRE TRACT;
THENCE N 37° - 27' W, PARALLEL TO AND FIFTY (50') FEET EAST
OF THE CENTERLINE OF THE CENTRAL POWER AND LIGHT COMPANY
138 K. V. TRANSMISSION LINE,_ A DISTANCE OF 126.96 FEET TO
A POINT IN THE NORTH BOUNDARY LINE OF THE SAID T. M. SAPP
FEN ACRE TRACT, BEING ALSO THE SOUTHEAST RIGHT OF WAY LINE
OF STATE HIGHWAY No. 128,
SAID RIGHT -OF -WAY TO BE PURCHASED FROM T. M. SAPP AND WIFE MINNIE T. SAPP, FOR
AND IN CONSIDERATION OF THE SUM OF $120.00.
TRACT 3 - A FIFTY (509 FOOT STRIP ACROSS THE FOLLOWING LAND;
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN
NUECES COUNTY, TEXAS, CONTAINING 71.25 ACRES, LESS 1.25 ACRE
RIGHT OF WAY OF UP RIVER ROAD. EXCEPT ALL OF THAT PORTION OF
THE SAID TRACT OF LAND WHICH LIES SOUTH OF THE CURVED ROADWAY
ACROSS THE AULT SEVENTY (70) ACRES OF LAND DESIGNATED AS STATE
HIGHWAY No. 128, ALSO EXCEPT THAT PORTION CONVEYED BY A. B.
AULT AND WIFE TO SOUTHWESTERN BELL TELEPHONE COMPANY AND BEING
A PART OF THAT TRACT OF LAND CONVEYED TO MARY BICKHAM BY DEED
DATED STPEEMBER 7, 1909, RECORDED IN VOLUME 94, PAGE 279 OF
NUECES COUNTY, DEED RECORDS.
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SAID RIGHT -OF -WAY X"XXXIXGRAX)FXlD ACROSS THE ABOVE DESCRIBED LAND
IS LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID
LAND AS FOLLQWS;
BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF THE ABOVE
MENTIONED A. B. AULT TRACT, SAID POINT BEARS S 10° - 321 W,
744.86 FEET FROM THE NORTHWEST CORNER OF THE SAID A. B.
AULT TRACT;
THENCE S 37° - 271 E, PARALLEL TO AND FIFTY (501) FEET EAST
OF THE CENTERLINE OF THE CENTRAL POWER AND LIGHT COMPANY
138 K. V. TRANSMISSION LINE, A DISTANCE OF 1140 FEET MORE
OR LESS TO A POINT IN THE NORTHWEST RIGHT OF WAY LINE OF STATE
HIGHWAY N0. 128,
SAID RIGHT -OF -WAY TO BE PURCHASED FROM A. B. AULT AND WIFE MAMIE B. AULT, FOR
AND IN CONSIDERATION OF THE SUM OF NOT MORE THAN $1,310.
SECTION 2. SUCH RIGHT -OF -WAY SHALL BE A STRIP OF LAND FIFTY (50)1
FEET IN WIDTH HAVING THE CENTER LINES AS ABOVE SET FORTH IN EACH INDIVIDUAL
PARCEL AND EXTENDING TWENTY -FIVE (251) FEET ON EACH SIDE OF SUCH CENTER LINES;
WITH SUCH GRANTS OF EASEMENT AND RIGHT -OF -WAY TO CONTAIN ALL NECESSARY COVENANTS,
WARRANTS AND PROVISIONS FOR THE PURPOSE OF LAYING, CONSTRUCTING, OPERATING,
MAINTAINING, REPAIRING, AND FOR REMOVAL AND RECONSTRUCTION OF A 5411 PIPE LINE
FOR THE TRANSPORTATION OF RAW WATER ON, OVER AND THROUGH SAID TRACTS AND PARCELS
OF LAND.
SECTION 3. THERE IS HEREBY APPROPRIATED OUT OF NO. 202 CITY OF CORPUS
CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND THE TOTAL SUM OF NOT MORE THAN TWO
THOUSAND TWO HUNDRED NINETY -TFIREE DOLLARS ($2,293.00), SAME TO BE PAID AS A
CONSIDERATION FOR THE RIGHTS -OF -WAY CONVEYANCES AND TO THE PARTIES IN THE AMOUNTS
AS HEREINBEFORE PROVIDED IN SECTION 1 HEREOF.
SECTION 4. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE AND ACCEPT ALL INSTRUMENTS NECESSARY AND TO MAKE THE PAYMENTS
HEREINBEFORE PROVIDED FOR NECESSARY AND REQUISITE TO SAID ACQUISITION.
SECTION 5. THE NECESSITY FOR ACQUIRING THE AFORESAID RIGHTS -OF -WAY
IMMEDIATELY IN ORDER TO EXPEDITE THE EXPANSION. OF THE MUNICIPAL WATERWORKS
SYSTEM UY THE CONSTRUCTION OF THE 0. N. STEVENS WATER FILTRATION PLANT AND ALL
NECESSARY ADJUNCTS AND APPURTENANCES THERETO, CREATES A PUBLIC fMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE OATE OF ITS INTRO -
RUCTION AND THAT SUCH ORDINANCR OR RESOLUTION SHALL GE READ AT THREE SEVERAL MEETINGS
OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO
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EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS
ORDINANCE uE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
6E IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
PASSED AND APPROVED, THIS THE -4c. AY OF AUGUST, 1954.
MAYOR T
THE CITY OF CORPUS CHRISTI, TEXAS
RTES
CITY $ECRE
APPROVED AS TO . EGAL FORId:
r
CITY ATTO N Y
4
TO THE MEMBERS OF TiiF Cs, "t COUXIE
Corpus Chris Li, Tex ":
Gentlemen.
Corpus Christi, Texas
f , 1959,
For the ranasons set forth In the emergency clause of the
foregoing ordinance, i publk emergency and Imperative necessity exist
for the suspension tfth(r,, Charter rule or requirement that no ordinance
or resolution shall let p:.ad.scd finally aim the date it is introduced,
and that such ordinagr,;- rn)t vessl utien shall be read at three meetings
of the City Cmuncil-� I, therefore, hereby request that you sdsPend said
Charter rule or requirement and pass this ordinance finally on the date
it is introduced, or at ;he present meeting of the City Council,
Respectfully,
$U! YUR
CITY OF CORPUS CHRISTI, T
The Charter rule was suspended by the following vote:
P, C. Callaway
Edlroy King
James S. Naismith
W. dames Brace
F. P. Peterson, Jr
The above ardifiaicc:e via,,; passed by the following vote=
P, C. Callaway
Ellroy King
James S. Naismith
W. dames Btare
F. P. Jr _
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