HomeMy WebLinkAbout04839 ORD - 08/14/1957AN ORDINANCE NO. '4 ` !
THE CONVEYANCE TO MAGNOLI,
AND
THE�iIDENING OF WATER STREET- AND AUTHORIZING
THE CUTION OF THE NECESSARY DEE�Y
MANA ARING AN MRGENLY-
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That in consideration of the conveyance
to the City of Corpus Christi by Magnolia Petroleum Compmy
of right of way easements as hereinafter set forth, there
shall be conveyed by the City of Corpus Christi, Texas, to
Magnolia Petroleum Company, a Texas corporation, the follow-
ing described tract or parcel of land situated in Nueces
County, Texas, within the corporate limits of the City of
Corpus Christi, and more fully described as follows, to -wit:
A tract of land Thirty (30) feet by One Hundred
(100) feet lying and being East of Lots Seven (7)
and Eight (8), Water Block Six (6), Beach Portion
of the City of Corpus Christi, Texas, more particu-
larly described by metes and bounds as follows:
The beginning point is located by eta ing at
the original Northwest comer of Lot Six rt 6) of
said Water Block Six 46), and following the North
line of said Lot Six l6 , and the continuation
thereof in an Easterly direction, in all Three
Hundred Ten (310) feet to the point of beginning;
Thence in a Southerly direction, parallel to
the East line of Water Street, One Hundred (100)
feet to a point for the Southwest comer of this
tract;
Thence at rigght angles, in an Easterly direc-
tion, Thirty (30) feet to a point in the West line
of Shoreline Drive, for the Southeast comer of
this tract i
Thence n a Northerly direction parallel to the
East line of Water Street and along the West line
of Shoreline Dive One Hundred (lOO) feet to a
point for the orb seat corner or this tract;
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Thence in a Westerly direction parallel to the
South line of this tract, Thirty 60) feet to the
Northwest corner of this tract and point of
beginning.
Section 2. That in consideration for the conveyance
to Magnolia Petroleum Company by the City of Corpus Christi
of the above described property, there shall be conveyed to
the City of Corpus Christi by said Magnolia Petroleum Company,
as an easement for an alley, a tract of land 20 feet by 100
feet, and as an easement for the widening of Water Street,
a tract of land 10 feet by 100 feet, said two tracts of land
to be used for alley, street, and utility line purposes only,
said tracts of land being situated in Nueces County, Texas,
within the corporate limits of the City of Corpus Christi,
Texas, and described as follows, to -wit:
FIRST: A tract of land Twenty (20) feet by
One-TMred (100) feet lying and being East of
Lots Five (5) and Six (6), Water Block Six (6),
Beach Portion of the City of Corpus Christi,
Texas, more particularly described by mates and
bounds as follows:
The beginning point is located by starting at
the original Northwest corner of said Lot Six (6),
Water Block Six (6), and following the North line
of said Lot Six (6), and the continuation thereof
in an Easterly direction, One Hundred Seventy (170)
feet in all to the point of beginning;
Thence in a Southerly direction, parallel to
the East line of Water Street, One Hundred (100)
feet to a point for the Southwest corner of this
tract;
Thence at right angles, in an Easterly direc-
tion, Twenty (20) feet to a point for the South-
east corner of this tract;
Thence in a Northerly direction, parallel to
the East line of Water Street, One Hundred (100)
feet to a point for the Northeast corner of this
tract;
Thence in a Westerly direction, parallel to
the South line of this tract, Twenty (20) feet to
the Northwest corner of this tract and point of
beginning.
SECOND: A tract of land Ten (10) feet by
one iuncred (100) feet, being out of the West part
of Lots Five (5) and Six (6), Water Block Six `6),
Beach Portion of the City of Corpus Christi, Texas,
more particularly described by metes and bounds as
follows:
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The beginning point is located by starting at
the original Northwest corner of said Lot Six (6),
Water Block Six 46), and following the North line
of said Lot Six 166))' an Easterly direction Ten
(10) feet to the point of beginning;
Thence in a Southerly direction parallel to the
East line of Water Street One Hundred (100) feet to
a point in the South line of Lot Five (5), Water
Block Six (6), for the Southwest corner of this
tract;
Thence in an Easterly direction, along the South
line of Lot Five (5), Ten (10) feet to a point for
the Southeast corner of this tract;
Thence in a Northerly direction, parallel to the
East line of Water Street, One Hundred (100) feet
to a point in the North line of. Lot Six (6) for the
Northeast corner of this tract-
Thence in a Westerly direction along the North
line of Lot Six (6), Ten (10) feet to the North-
west corner of this tract and point of beginning.
Section 3. There being improvements constituting a
gasoline service station now located on Lots 5 and 6 in Water
Block 6 of said Beach Portion of the City of Corpus Christi,
and said improvements being so 'located that the actual widening
of Water Street to include the 10 feet by 100 feet strip here -
inabove described,would destroy the beneficial use of said im-
provements, the conveyance of said 10 feet by 100 feet strip
shall be upon the condition that Magnolia Petroleum Company
shall reserve the right and privilege of continuing to use
such strip as the same is now being used until such strip is
actually made use of by the City of Corpus Christi for the
purpose of widening Water Street; and upon the conditions
that in the event said gasoline service station is reconstruct-
ed or materially remodeled by Magnolia Petroleum Company, its
successors or assigns, or if such improvements should be removed
and improvements for a different type of use be constructed,
then Magnolia Petroleum Company, its successors or assigns,
shall at its expense cause such reconstructed, remodeled or
new type improvements to be set back and reconstructed, re-
modeled or built, as the case may be, in such manner and at
such distance that said 10 feet by 100 feet strip may be used
for the widening of Water Street; but if the City of Corpus
Christi makes use of such strip for the widening of Water
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Street prior to such reconstruction, remodeling or removal
of the existing improvements, as above provided, and at a
time when the use of said existing improvements has not been
permanently abandoned, the City of Corpus Christi shall at
its expense cause said improvements to be set back in a good
and workmanlike manner.
Section 4. In consummation of the provisions of this
ordinance, the City Manager is hereby authorised to execute
and deliver to Magnolia Petroleum Company a Special Warranty
Deed conveying said 30 feet by 100 feet strip of land in
accordance with the form of deed attached hereto and marked
"Exhibit A ", upon the delivery by Magnolia Petroleum Company
to the City of Corpus Christi of a properly executed Right of
Way Easement conveying to the City of Corpus Christi said
10 feet by 100 feet strip and said 20 feet by 100 feet strip
In accordance with the form of deed attached hereto and marked
"Exhibit B".
Section 5. The fact that this exchange of property is
necessary for the establishing of the bayfront easements of
the City of Corpus Christi and for the orderly development and
growth of the City of Corpus Christi, creates a public emergency
requiring the suspension of the charter rule that no ordinance
or resolution shall be passed finally on the date it is intro-
duced and that such ordinance or resolution shall be considered
and voted upon at three regular meetings of the City Council,
and the Mayor having declared that such emergency and necessity
exist, and having requested in writing that such charter rule
be suspended, 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 SO
ORDAINED.
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PASSED AND APPROVED, thie the day of
1957. "
ATTEST:
UM BE RETART"/
APPROVED AS TO LEGAL F RIH
THIS DAY OF ,
1957. _
UM AWORNEX
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CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS Q
p4 KNOW ALL MEN BY THESE PRE8EP1TSt
COUNTY or NUBCES
That the CITY OF CORPUS CHRISTI, TEXAS, a municipal
corporation, of the County of Nueces and State of Texas, for
and in consideration of the sum of Ton and no/100 Dollars
($10.00) to it in hand paid by Magnolia Petroleum Company,
a corporation, and in further consideration of the conveyance
by the grantee heroin to the City of Corpus Christi, Texas,
delivered contemporaneously with the delivery of this instru-
ment, and other good and valuable consideration, has GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL and CONVEY unto the said MAGNOLIA PETROLEUM
COMPANY, a corporation, incorporated under the lays of the
State of Texas, with its principal place of business in Dallas,
Texas, the following described tract or parcel of land, being
and situated in Nuscas County, Texas, and within the corporate
limits of the City of Corpus Christi, Texas, and being more
fully described as follows, to -Witt
A tract of land Thirty (30) feet by One Hundred
(100) feet lying and being Bast of Lots Seven (7)
and Eight i8) dater Block Six 6), Beach Portion
of the City Corpus Christi, Texas, more particu-
larly described by motes and bounds as follows
The beginning point is located by starting at
the original Northwest corner of Lot Six (6) of
said Water Block Six (6), and following the North
line of said Lot Six (6 , and the continuation
thereof in an Easterly direction, in all Three
Hundred Tan (310) feet to the point of beginning;
Them* in a Southerly direction, parallel to
the East line of Water Street, One Hundred (100)
foot to a point for the Southwest corner of the
tract hereby convoyed;
Thence at right angles, in an Masterly dirso-
tion, Thirty (30) feet to a point in the West line
of Shoreline Drive, for the Southeast corner of the
tract hereby conveyed,
Thecae iri a NortAerly direction pparallel to the
Bast line of Water Stivot and along the West line of
Shoreline Drive, One Hundred (100) fast to a point
for the Northeast corner of the tract hereby conveyed;
Thence in a Westerly direction, parallel to the
South line of the tract hereby conveyed, Thirty (30)
feet to the Northwest corner of the tract hereby con-
veyed and point of beginning.
"Exhibit A"
'l-
TO HAVE AND TO HOLD the above described premises,
together with all and singular the rights and appurtenances
thereto in anywise belonging, unto the said MAGNOLIA PETROLEUM
COMPANY, its sucoessore end assigns, forever; and the City of
Corpus Christi, Texas, does hereby bind itself, its successors
and assigns, to warrant and forever defend all and singular the
said premises unto the said Magnolia Petroleum Company, its
successors and assigns, against every person whomsoever, law-
fully claiming or to claim the same or any part thereof, by,
through or under said City of Corpus Christi, Texas.
Grants* heroin shall have the right to improve and
use the property hereby conveyed, subject, however, to the
Building and Zoning Regulations and such Police Regulations
as are now or may hereafter be adopted by the City of Corpus
Christi, Texas.
KXROUTW this day of , 1957.
CITY OF CORPUS CHRISTI, TEXAS
ATTE -Ir: By
Aussell, E. Welure, City Hagar
ty Secretary
THE STATE OF TEXAS
COUNTY OF NUECES
Before me, the undersigned authority, on this day
personally appeared RUSSELL S. McCLURE, known to me to be the
person whose name is subscribed to the foregoing Instrument as
City Manager of the City of Corpus Christi, Texas, and acknow-
ledged to me that he executed the same as the act and dead of
said City and under the seal thereof, and in his official capac-
ity as stated, for the purposes and consideration therein expressed.
GIVEN MER NY HAND AND SEAL OF OPFICB this the
day of , 1957.
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oMesu ouaty,� Teaasor
THE STATE OF TEXAS i
COIIkPFY Of NlTEGES
KNOW ALL MEN BY THESE PRESENTSi
That XAGNOLIA PETROL3UM COMPANY, a corporation,
incorporated under the laws of the State of Texas, for and
U consideration of the sum of One and no /100 Dollar (41.00)
to it in hand paid by the City of Corpus Christi, Texas, and
In further consideration of a conveyance by the grantee heroin,
City of Corpus Christi, Texas, to Magnolia Petroleum Company,
delivered contemporaneously with the delivery of this Instru-
ment, and the stipulations, conditions and covenants contained
herein, and other good and valuable considerations, receipt
of all of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED, and by these presents does GRANT, BARGAIN,
SELL and CONVEY unto the said CITY OF CORPUS CHRISTI, TEXAS,
the following described tracts or parcels of land being sit-
uated in Nueces County, Texas, and within the corporate limits
of the City of Corpus Christi, Texas, described as follows,
to -wit:
F R Tt A tract of land Twenty (20) feet by
One Hrsd (loft) Peat lying and being Seat of
Late Five (51 aai Six (6), Water Block Six (6),
Beach Portion of the city of Corpus Christi,
Taxes, more particularly described by metes and
bounds as follows¢
The be UAL point Is located by starting at
the on i Northeest corner of said Lot Six (6),
Water ;look Six ((b), and following the North line
of said Lot Six (6�, and the continuation thereof
in an Easterly direction, One Hundred Seventy (170)
feet in all to the point of beginning;
Thence in a Southerly direction, p �e�yo
the East line of Water Street, One H
feet to a point for the Southwest corner of the
tract hereby conveyed;
Thence at right angles, in an Easterly dirse-
tion, Twenty (20) feet to a point for the South-
cast corner of the tract hereby conveyed;
Thence in a Northerly direction, parallel to
the East line of Water Street, One Hundred (100)
feet to a point for the Northeast corner of the
tract hereby conveyed;
Thence in a Westerly direction, parallel to
the South line of the tract hereby conveyed,
Twenty (20) feet to the Northwest corner of the
tract hereby conveyed and point of beginning,.
"Exhibit B" -1-
s 8 tract of land Ten (10) feet by
(Jne H (100) fest, being out of the West part
of bets fire (5) and Six (6), Water Slosh Six (6),
Beach portion of the City of Corpus Christi, Texas,
more particularly described by Wren and bounds as
fellowsm
The ming point is located by starting at
ns
the origi iSarthxeet oorner of said Lot Sic 6),
Water *k Six ((6), and following the North line
of said Lot Six (6) in as Easterly direction Ton (10)
foot to the point of beg,^tanias{
m
Thee !n a Southerly direction parallel to the
East line of Water street One Hundred (IM) feet to a
point in the south line of Lot Five (5), Water Block
Sips (6), for the Seuthwest corner of the tract hers -
by conveyed;
Thence in an Easterly direction, along the South
line of Lst Hire (5), Ton (10) o" to a Point for
the Esvkheast comer of the tract hereby oonvoyod;
Th met in a Northerly direction, parallel to the
Sant line of 'Water Streat, ®ns Randrod (Ise) feet to
a paint is tbo North line of Lot Six (&) for the
Northeast sooner of the tract hereby conveyed;
Those In a Westerly direction along the North
line of Leo Six (6), Ton (18) test to the Northwest
corner of the tract hereby conveyed and point of
beginning.
Such property hereby con►o od is granted as an
casement and ri� of wayy, First Tract being granted
as an aaasmeat foe an alley, and the Secand Tract
Uin8 granted ae an eacoeent for the purpose of
widening Water Strout, and said roperty shall be
used. for alloy, street, and.. atil.�ty Line purposes
only.
It is understood that improvements constituting
a gasoline service station are now located on said
Lots 5 and 6, and are so located that the actual widen-
ing of Water Street to include second Tract herain-
above described would destroy the beneficial use of
said improvements. Insofar as this conveyance applies
to said second Tract hereinabove desoribad, the as=
is wade upon the following conditionst
Granter herein, Magnolia Patrols= Company, its
successors and assigns, shall have the right and privilege,
and the right and privilege in hereby reserved, of continuing
to use said Second Tract as the same is now being used until
said Second Tract is actually made use of by grantee for the
purpose of widening Water Street. In the event said gasoline
service station is reconstructed or materially remodeled by
grantor, its successors or assigns, or if said improvements
should be removed and Improvements for a different type of
use be constructed, then it is understood and agread that
grantor, its successors or assigns, shall at its etponse
-S-
cause such reconstructed, remodeled or new type imprnswsents
to be set back and reconstructed, remodeled or built, as the
Dane may be, in such namor and at such distance that said Second
Tract hersinabove conveyed may be used by grantee for the widen-
ing of Suter Street. It is further understood and agreed that
If grantee makes use of said Second Tract for the widening of
Water Street prior to the reconstruction, remodeling or removal
of said existing improvements by grantor, as above provided, and
at a time when the use of said existing improvements by grantor,
its successors or assigns, has not been permanently abandoned,
grantee herein at its expense shall cause said Improvements to
be set back in a good and wo*IUs*lIkS manger-
TO HAVE AND TO EMU the above described premises, to-
gether with all and singular the rights and appurtenances there-
to in anywiss belonging, unto the said CITY OF CORPUS CHRISTI,
T$XAS, its successors and assigns, forever; and Magnolia Petrol -
eum Company does hereby bind itself, its successors and assigns,
to warrant and forever defend all and singular the maid promises
unto the said City of Corpus Christi, Texas, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
IN TBSTIMOn WHEREOF, Magnolia Petroleum Company has
caused these presents to be executed by its officers hereunto
duly authorised and its corporate seal to be affixed hereto an
this the day, of __, 1457.
MAOVOLIA PETROLEUM COMPANY
ATTEST: bay
C• Mislaint
Imalstaut Searsta ry
THE STATE OF TRUS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day
personally appeared ,
knewn to me to be the perssa and officer wboss name is sub-
scribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated, and as the
act and deed of NAONOLIA PETBOLSUM COMANT, a ooxporation.
G1VSN UNDER MY HAND AND SEAL ON OFFICE this the
_„„ day of , 1957.
Not
axy c
Dallas County, Texas
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COR US CHRISTI, TEXAS
m
1937
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN'
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF TXE 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 15 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 THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, 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 VOTED:
FARRELL D. SMITH
V. J. ROBERTS
B. E. BIGLER
MANUEL P. MAL DO NA DO.
/
CHARLIE J. AILLS
ARTHUR R. JAMES
`\''
J
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANU EI P. MAI DOHADO
x,
CHARLIE J. AILLS
- - -i�``
ARTHUR R. JAMES
ODELL INGLE'
H 2)3 9