HomeMy WebLinkAbout04614 ORD - 08/15/1956IMS :MEM :8/8/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE AN EXCHANGE DEED WITH GUY I. WARREN
CONCERNING THE RIGHT OF WAY OF OCEAN DRIVE, A
COPY OF WHICH DEED IS ATTACHED HERETO AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IT 15 DESIROUS ON THE PART OF THE CITY OF CORPUS
CHRISTI AND GUY I. WARREN TO FIX THE RIGHT OF WAY WIDTH OF OCEAN DRIVE
AT EIGHTY (80) FEET ON AND ALONG COTS 1 AND 2, SECTION 15 OF THE FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, AND SUCH
LOCATION HAS BEEN AGREED UPON BETWEEN THE SAID GUY I. WARREN AS THE OWNER
OF THE LAND ABUTTING ON BOTH SIDES OF SAID RIGHT OF WAY AT SAID POINT,
AND SUCH RIGHT OF WAY CAN BE FIXED TO THE ADVANTAGE OF THE CITY BY THE
EXECUTION OF AN EXCHANGE DEED BETWEEN SAID PARTIES:
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE I5 HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE AN EXCHANGE DEED WITH GUY I. WARREN, FIXING THE LO-
CATION OF THE RIGHT OF WAY OF OCEAN DRIVE ON AND ALONG LOTS 1 AND 2, SEC-
TION 15, OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY,
TEXAS; ALL IS PROVIDED IN THE EXCHANGE DEED ATTACHED HERETO AND MADE A PART
HEREOF.
SECTION 2. IT IS UNDERSTOOD AND AGREED THAT THE COST AND EXPENSE
OF RELOCATING ANY OF THE FACILITIES OF THE CITY IN SAID RIGHT OF WAY AS FIXED
BY THE SAID EXCHANGE DEED SHALL BE BORNE BY THE SAID GUY I. WARREN.
SECTION 3. THE NECESSITY FOR DEFINITELY FIXING THE RIGHT OF WAY
FOR SAID PUBLIC THOROUGHFARE OF OCEAN DRIVE CREATES A PUBLIC EMERGENCY AND
PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 THAT SUCH EMER-
GENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE
$0 1
SUSPENDED, AND THAT THIS ORDINANCW 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 SO ORDAINED.
PASSED AND APPROVED THIS onv OF AUGUST, 1956.
CI T4 SSECRETARY// v / ^�
ARTOVED AS TO LEGAL FORM THFS
S( DAY OF AUGUST, 1956:
CITY ATT•RNEY
MAYO,
THE CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS
COtJNTY OF NUECESi
WHEREAS, GUY 1, WARREN of Nuecea County, Texas, is now
the owner of certain lands out of Late 1 and 20 Section 15,
Flour Bluff and Encinal Farm and Garden Tracts, 4yich lands are
situated on the West aide of and contiguous to the right-of-ay.
of Ocean Drive in the City of Corpus, Aueses County, Texas; and
WHEREAS, the City. of Corpus Christi, Texas, le desiroua .
of obtainin from the said Guy I. 'arren, a strip of land con-
tIguoue to the said right-of-way of Ocean Drive, and 04 the
'eat side thereof, for right-of-way purposes and has aoreed to
convey to Guy I, 'farren a similar strip of land in exchanoe
tnerefor, as both of said two strips of land are hereafter more
particularly deacribed.
NOW THEREFORE, KNOW ALL MEN BY THESE ?RESENTS:
THAT, for and in consideration of the sum of One Dollar
($1.00) and for and in consideration of the premises, the City
of Corpus Christi, Texas, a Municipal Corporation actin herein
ay and through its duly authorized City Manaaer0 hae ,ranted3
sold and conveyed, and by these presents does :rant, sell and
convey unto the said Guy I. '4arren the following described tract
of land situated in the City of Corpus Ch1sb., Nuesea County,
Texas, to-wit:
A strip of land containing 12,493 square feet of land,
situated In Nueces County, Texas, about five miles
S. 20° E. from the County Courthouse, Said tract is
in El Rincon del Oso rant to Enrique Villareal,
Abstract No, 1, embracina a strip of and southwest
of the northeast boundary line of present recognized
;30-foot width of Ocean Drive, extending southeasterly
from Paloma Street to the southeast boundary line of
Lot 2, Section 15 of the Flour Bluff and Encinai
Farm and Garden Tracts, and ben: mere particularly
described, by metes and bounds, as follows:
BEGINNING at a point in the northeaet boundary line
of the 30-foot width of a public etreet known as
Ocean Drive, aa it is presently recognized, at its
intersection with the southeast boundary line of
Lot 2, Section 15 of the Flour Bluff and Encinal
Farm and Garden Tracts, for a comer of this tract,
whence a point of the centerline of said 80 -foot
width, and of exiting concrete pavement, bears S.
30° 07' 10 " W. 40.00 feet, -
THENCE N. 59° 52' 50" N., along said northeast
boundary line of Ocean Drive, and parallel with
and 40.00 feet northeasterly, measured at right
angles, from said centerline of existing concrete
payment, - at 23.67 feet, a corner of a tract of
land described in right of way instrument of record
in the Deed Records or Nuecea County, Texas, in
Volume 557 at page 12, at 33.67 feet, a second coiner
of said tract, at 363.00 feet, a third corner of said
tract, at 383.00 feet, the west corner of said tract,
at 750.41 feet, the south corner of the Guy I. warren
home tract, - la all, 1189.07 feet to a point, a
corner of said Warren tract, for a corner of this
tract, whence center point for circular curve of the
next course bears N. 30° 07' 10 "" E.
THENCE in a northwesterly direction, along said
northeast boundary line of Ocean Drive, and concen-
tric with and 40.000 feet northeasterly, measured
radially, from aaid centerline of existing concrete
pavement, curve right along said circular curve of
187 0.09 feet radius, 111.06 feet to a point in the
southeast boundary line of a 40 -foot public road
known as Palma Street, the west Darner of said
warren tract, for the north cosier of this tract,
whence said centerpoint for circular curve bears
N. 33° 31' 20" E. 1870.08 t'eet, -
THENCE S. 20° 00' 00" W., along said southeast
boundary line of Palma Street, 8.66 feet to a
point for a corner of this tract, whence center -
point for circular curve of the neat succeeding
course bears N. 36° 36' 20" E., 1870.08 feet, -
THENCE i.n a southeasterly direction, curve left
along
a radius,
241.83 curve fracorer of this tract,
whence said center point for circular curve bears
N. 29° 11' 45' E. 1870.08 feet, -
THENCE S. 60* 48' 15" E. 1058.06 feet to the place
of beginning, - contain. ng an area of 12,493
square feet of land.
This conveyance is subject to that certain agreement in
r tin, made and entered into by and between R. L. Brockman, et
al, and the City of Corpus Christi, Texas, dated August
1952, effective as of February 12, 1944, granting to the City of
Corpus Christi, Texan certain rights and privileges in connec-
tion with the erection and maintenance of a bulkhead or break -
water, which said agreement is recorded in Volume
. Page
-2-
, of the Deed Records of Nueces County, Texas, reference
to the record of which is here made for all purposes.
TO HAVE AND TO HOLD the above described premises, together
with all and s Insular the rights and appurtenenees thereto in
anywise belonging unto the said Otura, iggsrmetAilimaier er-
AND the said Guy I. Warren, r r
the eum of One Dollar ($1.00), and and for and in consideration
of the premises, has granted and conveyed and by these presents
does grant and convey unto the City of Corpus Christi, Texae,
for rieht-of-way purposes in connection with the uSe, mainten-
ance, widening and improvement of Ocean Drive, a public street
or road in the City of Corpus Christi, Texas, the followlng
strip of land eituated in the City of Corpus Christi, Texas,
Nueoes County, Texas, to-wit:
LITIZOnlee087)7,=1; VerictueTiMrar, gelract
No. 1, embracing a strip of land southwest of the
southwest boundary line of present recognized 80-foot
width of Often Drive, and extending-southeasterle
from Faloma Street to the southeast boundary line
of Lot 2, Seetion 15 of the Flour Bluff and Encinal
Farm and Garden Tracts, being more particularly de-
ecribed, by metes and bounds, as follows;
BEGINNING at a point in the aouthweet boundary line
of the 0-foot width of a public street known as
Ocean Drive, as it is presently recoenized, at its
interesection with the southeast boundary line of
Lot 2, Section 15 of the Flour Bluff and Hncinal
Farm and Garden Tracts, for a corner of this tract,
whence a point on the centerline of said 80-foot
width, and of existing concrete pavement, bears N.
30° 07, 10g E. 40.00 feet, -
THENCE N. 59' 52' 50 W. alone said southwest
boundary line of Ocean Drive, and parallel with
and 40.00 feet eoutheesterly, measured at right
aneles, from said centerline of existing concrete
pavement, 11e0.6e feet to a point, for a corner of
this tract, whence center point for circular curve
of the next sueceedine course bears N. 30' 07' 10"
E. ie50,08 feet, -
THENCE in a northwesterly direction, along said
southwest boundary line of Ocean Drive, and con-
centric with and 40.00 feet southwesterly, measur-
ed radially, from said centerline of exits-tine
concrete pavement, curve right alone said circular
-3-
curve of 1950.08 feet radius, 109.49 feet to a
point in the southeast boundary line of a 40-foot
public read known as Peloma Street, for the north
corner or thin tract, whence said centerpoint ror
circular curve beers N. 33° 20 00" E. 1950.08
feet, -
THENCE S. 29° 00, 004 W., along said southeast
boundary line of Palma Street, 9.11 feet to a
point for a corner of this tract, whence 'center-
point for circular curve of the next succeeding.
course bears N. 36° 17' 10" E., 1950.08 feet, -
THENCE in a southeasterly direction, curve left
along a circular curve of 1950.08 feet radius,
241.50 feet to a point for a corner of this tract,
whence said center point for circular curve beare
N. 29° 11' 45" E. 1950.08 feet, -
THENCE S. 60° 48' 15" E. 1058.33 feet to the place
of beginning, - containing an area of 12,528 square
feet of land.
TO HAVE AND TO HOLD, all and singular, the rights and
privileges hereby granted unto the said City of Corpus Christi,
Texas.
IN WITNESS WHEREOF this instrument is executed in duplicate
originals on this the day of August, 1956.
ATTEST:
Secretary
T
THE CITY OF CORPUS CHRISTI, TEXAS
By
its City Manager
-4-
THE STATE OP TEXAS
COUNTY OF NUEPES
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared RUSSELL
MaCLURE, CITY MANAOER of the CITY OF CORPUS CHRISTI, TEXAS,
known to me to be the person and officer wheel, name is subsorib-
ed to the foreoing instrument and acknowledged to me that the
Same was the act and deed of the said City of Corpus Christi,
Texas, and that he executed the same as the act of said City
of Corpus Christi, Texas, for the purposes and consideration
therein expressed, and in the capacity therein atated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of Auguet, 1956.
THE STATE OF TEXAS
COUNTY OF NUECES
Notary PUblic in and Va..
Nueces County, Texas
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personaily appeared GUY I.
WARREN, known to me to be the pereon whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of Awixst, 1956.
-5-
Notary Public in and for
Nueose County, Texas
CORPUS C
STI, TEXAS
, , 1956
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULL!
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W._ J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
• 7 •
•
3' 35
•••••••••■••••
•
= 9 0 s a•
Scalel 1 Inc' *rt = •40 feet
6 oncrete Cu b
2
-7\io. 540
/
• I / ‘ I
• I -
"4-
c./
1.k.,
, 4 -- ,
"---7------I--.2--./;"°'-7.1 (.,-7- ,./ =.-..'., / ,. ---
A
.4 '
• ..,--ti, , /
• ..-•
i2
f.....--r-;.,
- T
6
r--
GUY L WA R E
11
F
CC
% c4
i.----
bcje
04'r
cr- I
OCE AN
1
JJr
9° 52'
.>°
("Ext-jtn. g 40-foot line
a t
r
Le,
<I,
LPreseni cen/erline 7,42
n — —
1 _ _ • -
1 1
1
(BLUFF ESTATE S)
4' Rae/ft./5 /9/0.081 'T 3'corve
G Y L WAREN
•
-Pt&jzzleZed
ef2 new
f t
4 I
/... ....,
A 1
•
1 /
1
I \ I
I 1 f
'■
Lor LOTZ
SEC. /5 SEC.
PLAT SHOWING PROPOSED CHANGES OF
1
-•
1
1 —
—
OCEAN DRIVE AL/GNMENT
iVEA12 PALOMA STREET
IN THE CITY OF CORPUS CHR/57V, NUECES courvry; TEXAS
BY GREEN ENG/WEER/NG CO.
JULY 34 /954
•
•
0 3 ed new ce
-01 DRIVE
H . B. R0 B, e+ al
belfeffa..-
f rva.c5 —be:3Ln J:7rq line
. •
5 5 kIte aiYer0G,
---.144WPWEVIVM. RWLZIEWL.V.r.r7Lr_. - '
rIgh/ef wag Ilele
LOT 2
-SEC. /•
LOT 3
SEC.