Loading...
HomeMy WebLinkAbout03985 ORD - 12/15/1954n *.r�y,�aYe�,,,. .• ,r b:�rr�nYx.. r,, - - . � - rnrwny -.w., .rw+s.. - - _ ,^>.- ^fin- +w✓r..+w.,... -... - -r-+,n _ _ " AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT GRANTING THE CITY A RIGHT-OF-WAY TO A THIRTY- , - FIVE 35' F00T STRIP OF LAID ALONG EVERHART ROAD FOR THE WIDENING OF EVERHART ROAD, BE RIG 117-. FAN LENGTH OFF OF THE SOUTHEAST SIDE OF THE W. E. POPE 170,14 ACRE TRACT IN NUECES COUNT, TEXAS, IN LIEU OF AN EXISTING RIGHT -OF -WAY THROUGH SAID PROPERTY , A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT GRANTIN3 THE CITY A RIGHT-OF-WAY TO A THIRTY - FIVE (35') FOOT STRIP OF LAND ALONG EVERHART ROAD FOR WIDENING PURPOSES, BEING 1175.68 FEET IN LENGTH OFF OF THE SOUTHEAST SIDE OF THE W. E. POPE 170.14 ACRE TRACT III LUECES COUIITY, TEXAS, IN LIEU OF AN EXISTING RIGHT -OF -WAY THROUGH SAID PROPERTY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND 14ADE A PART HEREOF. SECTION Z. THAT THE 'IECESSITY FOR PROVIDING THIS RIGHT -OF -WAY AS PROIIPTLY AS PbSSIBLE CREATES A PUBLIC EMEP.GEIICY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION CF 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 14ECT114GS OF THE CITY COUNCIL, AND THE HAYOP., 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 AIID EFFECT FROM,. AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE ILL. AY OF DECEMBER, iD54. F-AYOR THE CITY OF CORPUS CHRISTI, fXAS ATT ' CITY SECRE A APPROVED AS TO LEGAL FORM. CITY ATT RNEY CORRECTION DEED THE STATE OF TEXAS COUNTY of N11ECEs WHEREAS, BY INSTRUMENT oATEo DECEMBER 29,1 1949, W. R. REID, AS GRANTOR, GRANTED TO THE CITY OF CORPUS CHRISTI, TexAB, BY A RIGHT- OF -VAV DEED, A THIRTY -FIVE (951) FOOT STRIP OF LAND ALONG EVERHART ROAD FOR WIDEN- ING PURPOSES, BCIRG 1175.68 FEET IN LENGTH OFF OF THE SOUTHEAST SIDE OF THE W. E. POPC 170.14 ACRE TRACT IN NUECES COUNTY, TEXAS, SAID DEED BEING RE- CORDED IN VOLUNE 456, PAGE 91 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE I$ HERE MADE, AND WHEREAS, THE CITY ENOIHEERINO DEPARTMENT HAS MADE A SURVEY FORTHE WIDENING OF EVERHART ROAD, FOR WHICH THIS RIGHT -OF -WAY WAS OBTAINED, AND FOUND THE SURVEY ON THE BASIS OF WHICH THE DESCRIPTION WAS BASED AS IT APPEARS IN SAID VOLUME 456, PAGE 91, DP THE DEED RECORDS OF NUECES COUNTY, TEXAS, METES AND BOUNDS IN SAID D EED DESCRIBING SAID WAS IN ERROR AS TO THE /RIGHT -OF -WAY ACTUALLY DESIRED TO RE com$ED AND ACCEPTED, AND THE PARTIES HERETO,DESIRE TO CORRECT SAME$ NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY OF CORPUS CHRISTI, TEXAS, BY THE ACCEPTANCE OF THIS GRANT AND IN CONSIDERATION OF THE RIGHT -Of -WAY HEREINAFTER GRANTED, DOES RELEASE, RELINQUISH AND RECON- VEY UNTO W. R. REID ALL RIGHTS, TITLE, USE, LIBERTY AND PRIVILEGE HERETOFORE GRANTED SAID CITY BY AND THROUGH A RIGHT -OF -WAY DEED DULY RECORDED IN VOLUME 456, PAGE 91, OF ;THE Deep RECORDS Of NUECES COUNTY, TexAs, TO WHICH REFERENCE 13 HERE MADE FOR NONE PARTICULAR DESCRIPTION; EXCEPTING, AND NOT RELEASING HOWEVER, ALL THOSE FARTS AND PORTIONS OF SAID RIGHT -OF -WAY THAT COINCIDE WITH, AND FORM A PART oF, THE RIGHT -OF -MAY HEREINAFTER MORE PARTICULARLY DESCRIBED. KNOW ALL 14EN BY THESE PRESENTS$ THAT 1, W R. REID; OF THE COUNTY OF NUECES, STATE OF TEXAS, FOR AND IN CONSIDERATION OF THE MUTUAL ADVANTAGES TO BE DERIVED By GRANTOR AND GRANTEE HEREIN RY CORRECTION Of A RIGHT -OF -WAY DEED HERETOFORE EXECUTED AND ACCEPTED, HAVE GRANTED, BARGAINED, SOLD AND CON - VEYBD, AND BY THESE PRESENTS DO GRANT, BARGAIN, SELL AND CONVEY UNTO THE CITY Of CORPUS CHRISTI, NUECES COUNTY, TEXAS, A MUNICIPAL CORPORATION DULY INCOR+ PORATED UNDER AND BY VIRTUE Of THE LAWS OF THE STATE OF TEXAS, ITS SUCCESSORS AND LEGAL REPRESENTATIVES, ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUECES COUNTY, TtxAS, AND SEING OESCR1BtD AS FOLLOWSI '.c?1x1:.anr :fA � _ m�,.'F .4.•FA#,.i:•vs +- - ,.. •X.rw *w.7 :.r. - BEING A STRIP OF LAND THISTY -FIVE (3511 FEET IN WIDTH AND 1170.67.FCCT 19 LERGTH.OUT OF THE W. E. POPE 170.14 ACRE TRACT OF LAND CONVEYED BY GUARANTY TITLE AND TRUST COMPANY, TRUSTEES TO W. R. Remp BY OECD DATED Fesmuifty 12, •19461 AND RECORDED IN VOLUME 3261 PAGE 398 OF 1'HH DEED RECORDS OF NUEGEs COUNTY# TEXAS/ SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY MCTES AND BOUNDS AS FOLLOWS! , BEGINNING A? AN IRON PIPES THE INTERSECTION OF THE NORTN-� WEST BOUNDARY LIME OF EVERHART ROAD AND THE NORTHEAST ROUNOART LINE OF ALAMEDA STREET, BEING ALSO THE SOUTH WEST CORNER OF THE SAID M. E. POPE 170.14 ACRE TRACT, Fort THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N 31° - 061 W WITH THE BOUTHEAST BOUNDARY LINE OF ALA14EDA STREET A DISTANCE OF 40.43 FEET TO A POINT FOR A CORDER OF THE TRACT HEREIN DESCRIBED; MENCE N 28• - 51-1 - 300 E PARALLCL TO AND THIRTY -Five (351) FEET NORTHWEST OF THE SOUTHEAST BOUNDARY LINE OF THE SAID W. E. POPE 170.14 ACRE TRACT A DISTANCE OF 1170.67 FEET TO A POINT FOR A CORNER of THE TRACY HEREIN OEBCRIBED; THENCE S 31° . 061 E A DISTANCE OF 40.113 FELT TO A POINT IN THE SOUTHEAST BOUNDARY LINT OF THE SAID W. E. Pope 170.14 ACRE TRACT FOR A CORNER OF THE TRACT HEREIN DESCRIBED, SAID POINT BEING ALSO IN THE NORTHWEST BOUNDARY LINE O£EVERHART ROAD; THENCE S 28° - 511 - 30" W WITH THE SOUTHEAST BOUNDARY LINE OF THE SAID W. E. POPE 170.14 ACRE TRACT AND THE NORTHWEST BOUNDARY LINE OF EVERHART ROADS A DISTANCE OT - 1170.67 FEET TO THE PLACE OF BEGINNING. TO HAVE AND TO HOLD THE Asove oescRlOeD PReM10Es, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISC BELONOIIIGS UNTO THE SAID CITY OF CORPUS CHRISTI* ITS SUCCESSORS AND ASS/ONS* SAKE AND ' EXCEPT THE FOLLOWING RESERVATIONS AND PROVIBIONSI THE GRANTOR RESERVES ALL OF THE OILS GAS AND SULPHUR IN AND UNDER SAID LANDS BUT WAIVES ALL RIGHTS OF INGRESS AND EGHESB FOR THE PURPOSE OF EXPLORING, DEVELOPING, MINING OR DRILLING FOR THE $ANSI HOWEVER* NOTHING IN THIS RESERVATION SHALL AFFECT THE RIGHTS OF THE CITY OF CORPUS CHRISTI TO USE SAID LAND AND OTHER MINERALSANO MATERIALS THEREON, THEREIN AND THEREUNDER FOR STREET OR OTHER MUNICIPAL PURPOSES# IT BEING SPECIFICALLY UNDERSTOOD THAT THE CITY AND ITS ASSIGNS SHALL SE VESTED WITH THE TITLE TO AND THE RIGHT TO TAKE AND UBE, WITHOUT ADDITIONAL CONPENSATIDNS ANY STONES EARTH, GRAVEL* CALICHE OR ANY OTHER MATERIALS OR MINERALS UPON/ IN AND UNDER SAID LAND, EXCePT OILS GAS AND SULPHUR, FOR THE CONSTRUCTION AND MAINTENANCE OF STREET AND OTHER MUNICIPAL PURPOSES INCLUDING THE USE THEREOF AS A UTILITY EASEMCNT. .2. � � _ - , ...'v4,�-- iYS+A�N.fn29r #^" , . ✓ rxN.`� .1ti - i AND I, THE SAID W. R. REID, DO HEREBY BIND MYSELF, MY HEIRS, EXECUTORS, AND ADMI11161RATORS, TO WARRANT AND FOREVER DEFEND ALL AND SINGU- LAR THE SA10 PREMISES, UNTO THE SAID CITY OF CORPUS CHRISTI, 118 SUCCESSORS AND ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. AND IT 10 FURTHER AGREED THAT THE CITY OF CORPUS CHRISTI IN CONS. SIDHRATION OF THE BENEFITS ABOVE SET OUT, WILL BEHOVE FROM THE PROPERTY ABOVE OESCRIBEO SUCH FENCES, BUILDINGS AND OTHER OBSTRUCTIONS AS MAY BE FOUND UPON SAID PREMISES. WITNESS MY HAND, THIS THE o" of OccEMOER, 1954. W. R. REID THE STATE OF TEXAS COUNTY OF NUECES j BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. R. MID, KNOWN TO HE TO BE THE PERSON WHOSE NAME IS SUOSCRIBED TO THE FOREOOBNG INSTRUMENT, AND ACKNOWLEOOEO TO NE THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPREOBED. 1954. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF DECEMBER, NOTARY PUBLIC IN AND FOR MUECES COUNTY, TEXAS .3- THE STATE OF TEXAS HNOM ALL FffN BY THESE PRESENTS: COUNTY NUECES THAT THE CITY OF CORPUS CHRISTI, BY THE ACCEPTANCE OF THIS SRANT WHICH IS HERESY DULY ACKNOWLEDGED, AND IN CONSIDERATION OF'SAME, DOES HEREBY RELEASE, RELINQUISH AND RECONVEY UNTO THE RESPECTIVE PROPERTY OWNER OF RECORD ALL RIGHT, TITLE, USE, LIBERTY AND PRIVILEGES HERETOFORE ORARTED SAID CITY BY AND THROUGH A RIGHT-OF -WAY DEED DULY RECORDED IN VOLUME 456, PAGE 91, OF THE DEED RECORDS OF NDECES COUNTY, TEXAS, EXCEPTING, HOWEVER, AND NOT RELEASING ALL THOSE PARTS AND PORTIONS OF SAID RIGHT -OF -WAY THAT COINCIDE WITH, AND FORM A PART OF, THE RIGHT -OF -WAY HEREIN GRANTED AND ACCEPTED. 2 &-"� RUSSELL . McCLURE, CITY MANAGER CITY OF CORPUS CHRISTI, TEXAS ATTESTI CITY SECRETARY APPROVED AS TO LEGAL FORMI CITY ATTORNEY THE STATE OF TEXAS ! COUNTY OF NUECES ` BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS OAT PERSONALLY APPEARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TeXAS, A MUNI. CIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. 195$. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF DECEMBER, NOTARY PUBLIC IN AND FOR NUCCES COUNTY, TEXAS t� ` Cc Christi, Texas =-j' 1954 I TO THE KDOERS OF THE CITY COUNCIL _ Corpus Christi, Texas Gentlemen: u For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist -for the suspen- sion of the-Charter Rule or requirement that no ordinanceLor resolution aball be passed finally on the date it is introduced, and that auoh ordinance or resolution shall be read at three meetings of the City Conncil; 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. , - Res ^pe /ctful3 jm, ]?! S MAYOR CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: P. C. Callaway, r Ellroy Sing James S. Naiamith W. James Brace • F. P. Peterson, Jr. The above ordinance was passed by the following-note: P. C. Callaway Ellroy Sing, James S. Xaismith - W. James Brace F. P. Peterson, Jr. 3 -9 '2?s :_.