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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.