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HomeMy WebLinkAbout04837 ORD - 08/07/1957AN ORDINANCE AUTHORIZING -AND DIRc"CTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN ZXCHANGC DEED WITH ROY SMITH AND ENNIS S. JOSLIN CONCERNING THE RIGHT- OF-WAY OF SOUTH STAPLES STREET, A COPY OF WHICH DEED IS ATTACHED RCRETO AND MARS A PART HEREOF; AND DECLARING AN EffERGENCY. NHEREAS, it is desirous an the part of the City of Corpus Christi and Roy Smith and Ennis S. Josiin To fix and adjust the right -of -way of South Ste - pies Street, Corpus Christi, Texas, from the place where South Staples Street intersects the most Southerly right -of -way line of IlcArcle Road to the point where South Staples Street intersects the most Northerly right -of -way line of Lexington Boulevard, ana such location has been agreed upon between the said Roy Smith and Ennis S. Josiin as the owner of the land abutting on both sides of said right- of -w-ay, and such right -of -way can be fixed to the advantage of the City by the execution of an exchange deed between said parties; NW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Hanager be, and he is hereby, authorized and directed to execute an exchange deed with Roy Smith and Ennis S. Joslin fixing the location of the right -of -way of South Staples Street from the point where South Staples Street intersects the most Southerly right -of -way line of McAIdle Road to the point where South Staples Street intersects the most Northerly fight - Df -way line of Lexington Boulevard, all as provided in the exchange deed attached hereto and made a part hereof. SECTION 2. The necessity for definitely fixing and relocating the right -of -way line for said public thoroughfare of South Staples Street creates a public emergency and public imperative necessity requiring the suspension of the Charter Rule that no ordinance or resolution shall be passed finally an the 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 that such emergency and necessity exists, and having requester that such Charter rule be suspended, and that this ordinance be passed finally on the date o, its introduc- tion and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO oRDAINr D. PASSED AND APPROVED this 1957. N1aY0fi, CITY OP CORPUS CURISTI, T XAS. dTTEST: CITY SECR.dr:LR APPROVED AS TO LEGAL ;FORM THIS i DAY OF U4, n CITY A'PTO . z ,L stale a Tay" 4VAO Y OF S M a. 201 MMS and MIS S. "OLIM. both of Newms County., Saga. an wee the armor of certain lapin out of lot gigue (8), Sottiw Share (3), of the Fleet Bleff and Animal Farm and Grrdem Treats, which lands are situated on tba Mast aid+ of and eehdtl;awm to the right -ofway of South Staples Stmt in the City of Corpus Chriatl, Nas$aa County. Sawa; and, WRIASea, the City of Corpus Christi is desirous of obtaining from the said toy Smith mod Faris a. Jwlin a strip of load contiguous to the said riot- of-way of soak "Los Street and am the heat side thereat, for right -ofway purposes and bus sP*" to to"" to soy Smith and Same S. Joslin a similar strip of 1=4 to be aaptLaeaw to the Vast right- of-uay line of South Staplaa Street in eerchoWs therefor, as both of said two stripe of land are hereinafter sera particularly deeeribed, NQd TNVVSF0a8. VJM ALL NO BY TOM FASSUM THAT. for and in consideration of the am of Else Dollar ($1.00) sad for MA Is oomsiesratisn of the rMilsoe, the Cin OF COMM MUTI, TUAS, a arnici- psl corporation acting herein by and through its duly authorized City Manager,. ham C9ASTCS. SQU AID CO VZM and by the" presents does CBANT, SBii. AND COMM auto the said SM SMIFN and MT A. JOg1.IN the. fallowing described tract or parcel of Lad situated Lb the City of Corpus Christi, aretes County, Text, to -wit* gRiitttlSP. at the Northeast aermer of Lac tight (S). Section Three (3) of said Flaee Sleff and Nocisal Fans sad Garden Treats sap Lyiaa to the asmter limn of NeArdle Need. Thrasa a. 29 do$. M. 38' to a point An the mouth right-of-way line of MmArdle geed; Theca a+ch the mouth right -ofway line of NcArdls Vend N. 61 deg. 01' W. 4,1:6.94' to the point of serve of a circular curve to the left; Tbomon with said aura to the left having a central amnia of 127 des. O.S', radius 25'. Tangent 90.23', length 55.43' to a print of compound carve lying in the new wt right-of-way line Of South Staples Street far the nertlmsat COWMT of this $trip mad the point of b"UmLog. TMCN with the ace teat right-of-way Use of South "I" Street awn being • eirteLer tgrre to tba right baring a central sagle of 9 deg. 93' 86". radium 1318.111, tangent 113.98' for as are loath distanoo of 227.41' to the pint of teogowy of this curve. TSM" S. 1 dun. 47' OY: M. 370.x6' to the paint of curve of a circular curve to the right for a career. TdM9 with said curve to the right having a antral male of 14 deg. 30' 30", radius 1769.411. tesigant 224.72' awl length 647.03' far OR art length distance of 447.01' to the southwest terror of this strip. TRBRCR S. 61 deg a. 15.68' to a point an the a14 or previously existing Best right -of -nay line of South staples Street for the southeast turner of this strip. TKMA with the old or previously existing Rest right -of -nay line of South Staples Street and a circular curve in a north- westerly direetisn tangent to the radii having the bearing R. 70 dog. 19' W. said curve having central eagle of 28 dog. 56' 13", radius 192s.33% tangwe 697.51' for an are length distance of 974' to the lataraeotiew the aforementioned curve at the inter - mention of the. South right- of-way of McArdie goad. UNM with A pectins of the aforementioned circular curve in a scathwsoterly direction, said curve having a central magic of 30 dog. 57' 59x, radius 25', tangent 6.42' for an are length distance of 13.51' to Cho point of beginning. Prom the% parties at the tract of land beceis granted, sold and conveyed by the City of Corpus Christi, Tee, to !ay Smith wad isms S. Joslim,, the City of Corpus Christi, Texas, reasrvas the right to eeatims to cum, occupy and maintain South Staples Street and utility line installations in its present lasso Lone, together with the aasugptien of the corresponding rosponaibility arising rtes the use, oc- twpency and MAintemmace of amid right -af -way as a public thoroughfare, until Cho City of Carpus Christi, Texas, completes its improvements in the sae right- cf-way Of South Staples Street. TO PAVE AM To H= the abe" described premiums, together with all and siagalar the rights and appurtenances tbsreto in anywise belonging auto the said Any Smith sad Basis S. Joelim, their hairs and assigns, forever. And the amid Ratio S. Joslin Sad Soy Smith for and in consideration of the sera of Ora Dollar (41.00) and fee and in consideration of the premless have GRMID AND COKMAD and by these presents do GRANT AND COWRY uses the CM 69 CORPUS CMISTl, TRRAS, for right-of-way purposes in connection with the use, maintamance, widening and improvement of South Staples $treat, a public street or road in the City of Corpus Christi, Terns, the folLmwingl strip of land situated in the City of Corpus Christi, Repass County, Tares, to -nit: SWIMMING at the some southerly corner of Lot Right (8) in Sec- tion Three (3) of the place Sluff and Baaisol Perm and Gordon Tracts aeon point lying in the center line of Nziagtwa Sonlm- vard; THOU with the canter lime of Lexington 3mlovard R. 61 deg. 01' W. 56.451; TRM, croemng Lexington Bmelevnrd B. 28 deg. 59' S- 145.46' to the iatsreeatian of the north right -of- way line of Lexington Bsalovsrd and the old or existing west right -of-wy of Swath Staples Street for the southeast corner Of this tract and the place of beginning. TMES with a circular curvet for the old or existing west right - of•way line of South Staples Street in a northeasterly direction - 2 . tIMSwt to the rodil having the bear Leg M. 65 des. 53' 22" W. saIS aerrra h-UM central angle 39 dog. 59' W. radio$ 1525.53', tawgat 665.34'. and Lsgth 1276.31' to the isteraectiea of the southwest rightaf- or of *Ardlo Road far the Northeast sooner of this tract. THSRCS with the aoatimest right- of-ssy, of doArdle hood H. 61 dog. 51' W. 3.13' to the laterseation of the now proposed seat right -ofwmy, lige of South Staples Street for the aorthorst owner of this tract. TURKU with the wow prapooad shpt right- ef-oay lino of South Stapled Street being a circular Curve fa a southwesterly dixso- ties tangent to the radii having the bwri$g S. 74 dog. 44' 22" W. said curve having toutral angle 16 dog. 02' 44". radiw 1216.11'. tasgant 171.65' sad length 341.12' to the point of tes- Soucy of tbie cotvs, TURKU S. 1 deg. 47' 06" W.. 370.561 to the point of Curve of a eiraoias calve to the right. TlI M with said car" to the rim having central angle 19 tog. 04' Ol '. radius 1665.411, toagent 279.69' and length 354.21' to the intersection of the aorth right- of-way line of Lssiagtea boulevard for the southwest corner of this tract. TSSWCS with tho north right -of-vay line of Lexington. Boulevard 8. 94 deg. 30' 54" S. 10.56' to the point of beginning. TO SAYS AND TO SOIA all and singulat the rights and privileges hereby granted into the City of Corp" Chriati, Tom". IN W.MASSS KARIM. this tostrumeat is executed in multiple originoU an this the day of August. 1957. 6P7i5Tr TVA CM OF CORPUS CHRISTI, TSSAS CITY b>H� br RUSSELL H. Idn6LiStH. Its City Xenger. APPROYRS AS TO PM. THIS THE ,RAY Or AUGUST. 1957x CITY ATTORRHY ROY RUNS MIS S. JOWLTW -3- aTaTg ap TrTdg ; s er Now 1 UPM W the wNaTSigued authority, s WVtffY lWlis to and fm Nosems Canty, Tsars. on this day pm*owily appeared XUUWl. & MOM MS, Gity Maesgsr of the GTTT W CUM COUNTI. TVAS. MOM to as to he the perem and official who" sou is subscribed to the foragol" laatruerat, and aclmorledgad to us that the same was the act of the said City of Cow us Cbristi. Teals, a municipal car- pwmatim, and that ho ameeated the sane as the act Of such aorporatim for the puuCpamas and cssstdoratlom therein eeprassod, and in the Capacity thereto stated. CIM adder my acrd and seal of offlap this tan day of August. IM. Notary Public in and for Hoacds Cmaty. Toss. STATS OF TEX" � Coon N mmm 1 ROYOU dam, the madersigaed authority, a Notary public in and for Nuseem County, Toss, an this day personally appeared ROY SMMN sad XWOU S. JOSLU. Iram to me to be the peeress whose nem" are subscribed to the feregoiag dmtru- asata: and acknoulodW to aft that they emanated the same far the purposes and Co"Idoraticam therein s>promsed. GIYSN under cry band and goal of office, this the day of August, 1957. Notary Public in mad for Now" County, Tor". - 4 - C US CHRISTI, TEXAS 1957 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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{ 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS TIIIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, / MA THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH (,L M. J. ROBERTS B. E. SIGLER MANUEL P. MALDONADO, r � ` CHARLIE J. AIL LS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FApR ELL D. SMITH C W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE �• {�. T-3�9