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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; - 0-2 _1_ 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: -2- 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 -3- 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. -4- PASSED AND APPROVED, thie the day of 1957. " ATTEST: UM BE RETART"/ APPROVED AS TO LEGAL F RIH THIS DAY OF , 1957. _ UM AWORNEX -5- 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. -2- 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 -4- 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