HomeMy WebLinkAbout03924 ORD - 11/03/1954AN ORDINANCE
CLOSING A PORTION OF TENTH STREET EXTENDING
FROM THE SOUTHEAST LINE OF STAPLES STREET
TO THE NORTH LINE OF CLIFFORD STREET IN THE
CITY OF CORPUS CHRISTI, TEXAS, AM AUTHORIZING
AND DIRECTING THE CITY IMNAGER TO EXECUTE A
DEED WITHOUT WARRANTY TO THE ABUTTING PROPER-
TY OWNER, E. KIEL WHOLESALE GROCERY INC.
UPON THE PAYMENT OF THE CONSIDERATION OF $ .417.00:
AND DECLARING AN EMERGENCY.
WHEREAS, ON THE 29TH DAY OF SEPTEMBER, 1954, THE PETITION OF
E. BIEL FOR THE CLOSING OF THAT PORTION OF TENTH STREET LYING BETWEEN
THE SOUTHEAST BOUNDARY LINE OF SOUTH STAPLES STREET AND THE NORTH
BOUNDARY LINE OF CLIFFORD STREET WAS CALLED TO THE.ATTENTION OF THE
CITY COUNCIL, AND THE SAME SET FOR A PUBLIC HEARING TO BE HELD ON
THE 13TH DAY OF OCTOBER, 1954; AND >
WHEREAS, DUE NOTICE AS PROVIDED BY THE CITY CHARTER WAS 15SJED
TO ALL PERSONS, PARTIES AND CORPORATIONS OWNING PPOPERTY WITHIN 450
FEET OF THE PROPERTY DESCRIBED IN SAID PETITION, WHICH NOTICE WAS
ISSUED IN THE TIME AND IN THE MANNER, AND CONTAINED ALL OF THE FACTS
REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES
OF THE CITY OF CORPUS CHRISTI, TEXAS AND WAS SERVED AS IS REQUIRED BY
SUCH LAWS AND ORDINANCES; AND
WHEREAS, ON THE 13TH DAY OF OCTOBER, 1954, THE SAID PETITION CAME
ON FOR HEARING AT A REGULAR OPEN MEETING OF THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND ALL PERSONS APPEARING
AT SAID HEARING WERE HEARD AND THEIR TESTIMONY CONSIDERED OY THE CITY
COUNCIL, AND IT APPEARING TO THE CITY COUNCIL THAT THE SAID STREET
OR PASSAGEWAY SHOULD BE CLOSED.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THAT PORTION OF TENTH STREET LYING BETWEEN THE
SOUTHEAST BOUNDARY OF SOUTH STAPLES STREET AND THE NORTH BOUNDARY LINE
OF CLIFFORD STREET BE CLOSED AND DISCONTINUED FOR USE AS A PUBLIC
STREET.
,-..•v'1'^ORO.' 3924 - MLD - 1-5 -55 - PAGE 2
SECTION 2. THAT ALL OF THAT LAND AND PREMISES, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: ,
BEGINNING AT A 3/4° IRON PIPE, THE MOST SOUTHERLY
CORNER OF LOT 12, BLOCK 36, OF THE DEL MAR ADDITION
TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP OR
PLAT OF RECORD IN VOLUME 4, PAGE 8 OF THE MAP RECORDS
OF NUECES COUNTY, TEXAS, SAID POINT BEARS SOUTH 58',
541, 20" WEST 50 FEET FROM THE MOST EASTERLY CORNER
OF SAID LOT 12,
THENCE, SOUTH 58', 54', 20' WEST PARALLEL TO AND
25 FEET NORTHWEST OF THE CENTERLINE OF CLIFFORD
STREET, A DISTANCE OF 76.54 FEET TO A POINT FOR A
CORNER OF THIS TRACT;
ThENCE, NORTH 52', 361, 40" WEST A DISTANCE OF
40.74 FEET TO A POINT IN THE EAST BOUNDARY LINE OF
SOUTH STAPLES STREET FOR A CORNER OF THIS TRACT;
THENCE, NORTH 13', 15', 40" EAST A DISTANCE OF
102.44 FEET TO A POINT FOR A CORNER OF THIS TRACT,
SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT
12, BLOCK 36, DEL MAR ADDITION;
THENCE, IN A SOUTH AND SOUTHEASTERLY DIRECTION ALONG
THE ARC OF A CIRCULAR CURVE HAVING A RADIUS OF 69.44
FEET A DISTANCE OF 132.12 FEET TO THE PLACE OF BEGINNING.
CONTAINING 3,847 SQUARE FEET OF LAND,
BE CONVEYED TO E. BEIL WHOLESALE GROCERY, INC., UPON THE PAYMENT TO
y THE CITY OF THE SUM OF SIX THOUSAND FOUR HUNDRED SEVENTEEN AND N01100
($6,417.00) DOLLARS, OF WHICH ONE THOUSAND FIVE hUNDRED AND NO/100
($1,500.00) DOLLARS IS ALLOCATED AS REIMBURSEMENT TO THE CITY FOR THE
STREET PORTION OF SAID LAND, AND FOUR THOUSAND NINE HUNDRED SEVENTEEN
AND N01100 ($41917.00) DOLLARS FOR THE PARK PORTION OF SAID LAND, AND
UPON PAYMENT TO THE CITY SAID AMOUNTS SHALL BE DEPOSITED IN THE PROPER
FUNDS.
SECTION 3. THAT THE CITY MA14AGER BE, AND HE IS HEREBY, AUTHORIZED
TO EXECUTE AND DELIVER TO E. BIEL WHOLESALE GROCERY, INC., A DEED
WITHOUT WARRANTY CONVEYING SAID PROPERTY TO SAID GRANTEE, A COPY Of
WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 4. THE NECESSITY FOR COMPLETING THE CLOSING OF THE
PORTION OF TENTH STREET HEREIN DESCRIBED, AND PROVIDING FOR THE
CONTROL OF TRAFFIC IN THE AREA, CREATES A PUBLIC EMERGE14CY AND AN
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URD. 3924 - MILD - j -5 -! PAGE
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER
RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE
t
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, REQUESTING
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
y PASSED AND APPROVED, THIS THE 3RD DAY OF NOVEMBER, 1954.
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY JECRETIARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY 67 1
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES Q
THAT WHEREAS, ON THE DAY OF OCTOBER, 1954 THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TEXAS, SITTING IN REGULAR SESSION,
DULY AUTHORIZED'RUSSELL E. MCCLURE AS ITS AGENT TO CONVEY THE HEREIN
DESCRIBED PROPERTY BY DEED WITHOUT WARRANTY FROM THE CITY OF CORPUS
CHRISTI, TEXAS TO E. BIEL WHOLESALE GROCERY, INC., FOR THE PURPOSE
OF ABATING THE PUBLIC NUISANCE WHICH EXISTS AND 15 CAUSED BY THE
USING OF SAID PROPERTY AS A PUBLIC AND PRIVATE STREET AND PASSAGEWAY; AND
WHEREAS, IN SAID RESOLUTION DESIGNATING THE SAID RUSSELL E. MCCLURE
TO SO ACT AS ITS AGENT, IT FOUND THAT THE HEREIN DESCRIBED PROPERTY
IS NOT BEING USED FOR ANY PUBLIC OR MUNICIPAL PURPOSE AND 15 NOT
NEEDED FOR SUCH USE;
NOW, THEREFORE, I, RUSSELL E. MCCLURE, ACTING FOR THE CITY
COUNCIL OF THE CITY OF CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI,
DOES HEREBY, IN CONSIDERATION OF THE SUM OF SIX THOUSAND FOUR HUNDRED
SEVENTEEN AND NO/100 ($6,417.00) DOLLARS TO ME IN HAND PAID BY E.
BIEL WHOLESALE GROCERY, INC., THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, DO GRANT, SELL AND CONVEY UNTO THE SAID E. BIEL
WHOLESALE GROCERY, INC. THE FOLLOWING DESCRIBED PROPERTY SITUATED
IN IIUECES COUNTY, TEXAS, TO -WIT:
BEGINNING AT A 3/41 IRON PIPE, THE MOST SOUTHERLY CORNER
OF LOT 12, BLOCK 36, OF THE DEL MAR ADDITION TO THE CITY
OF CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF RECORD IN
VOLUME 4, PAGE 8, OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS, SAID POINT BEARS SOUTH 58 °, 541, 20" WEST 50 FEET
FROM THE MOST EASTERLY CDRNER OF SAID LOT 12,
THENCE, SOUTH 58 °, 541, 20" WEST PARALLEL TO AND 25
FEET 14ORTHWEST OF THE CENTERLINE OF CLIFFORD STREET,
A DISTANCE OF 76.54 FEET TO A POINT FOR A CORNER OF
THIS TRACT;
THENCE, NORTH 52', 361, 4011 WEST A DISTANCE OF 40.74 FEET
TO A POINT IN THE EAST BOUNDARY LINE OF SOUTH STAPLES
STREET FOR A CORNER OF THIS TRACT;
THENCE, NORTH 13', 15', 40° EAST A DISTANCE OF 102.44
FEET TO A PDINT FOR A CORNER OF THIS TRACT, SAID POINT
BEING THE NORTHWEST CORNER OF SAID LOT 12, BLOCK 36,
DEL MAR ADDITION;
THENCE, IN A SOUTH AND SOUTHEASTERLY DIRECTION ALONG THE
ARC OF A CIRCULAR CURVE HAVING A RADIUS OF 69.44 FEET
A DISTANCE OF 132.12 FEET TO THE PLACE OF BEGINNING.
CONTAINING 3,847 SQUARE FEET OF LAND.
TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES BY THE SAID
E. BIEL WHOLESALE GROCERY, INC., ITS SUCCESSORS AND ASSIGNS FOREVER.
IT BEING UNDERSTOOD THAT THE CITY OF CORPUS CHRISTI, TEXAS DOES NOT
WARRANT THE TITLE TO THE SAID TRACT AND DOES NOT AGREE TO DEFEND THE
GRANTEE IN ANY CONTROVERSY ARISING IN REGARD TO THE TITLE THERETO.
WITNESS MY HAND THIS THE DAY OF OCTOBER, 1954.
RUSSELL E. McCLURE
AGENT —IN —FACT FOR THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM: '
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
BEFCRE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED RUSSELL E. McCLURE, ACTING FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND THE CITY COUNCIL THEREOF,
KNOWN TO HE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
OCTOBER, 1954•
NOTARY P� +BLIC, NUECES COUNTY, TEXAS
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CORPUS CHRISTI TEXAS
" ;'l 954
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING'ORDINANCC, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTEP RULE OR REQUIREMENT THAT NO ORD NANCE
OF RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED
AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
Of T4E CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID I
CHAPTER 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 TEXA
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
` P. C. CALLAWAY�111 \\
ELLROY KIND 4z
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PE TER50N, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY 6//1
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE �/
F. P. PETERSON JR. -.-y