HomeMy WebLinkAbout04891 ORD - 11/04/1957I +U: AP: "[-S/57
ABI OR01 FIANCE
AUTHOR IZIIdG i,HJ 013ECTWG THE CITY :�-,VCER, FOR I,YO Oltl
,EHALF OF THE CITY OF CORPUS CH;ISTI, TO EXECUTE r,110
DELIVER, SPECIAL IJIRRA.NTY DEED TO THE T, ;a, AF!D NEt1
ORLEi:PIS AILRO. ",➢ COb:Ph.NY COVEFRIi;G TFIE ZTST J OF LOTS
i, 2 3, 4, 5_,U ^ID D, 31 -OCIC 04, UE%CH PORTION; LOTS
TW',GUGH 12, . 31-O IK, 22, 3EACH PORTiOI!; LCTS 3 THiO?ry
10, 3LOCIS 00, TEACH PORTIOM; LOTS 1, 2, 11 ,[:D 12,
BLOCK b0 3EP.CH PORTIOpI- P.ND ALL THOSE PORTIONS OF LFlidO
ABUTTING BLOCKS �c, D, D�, c� A!'!DJj, EEACH P RTIO'�1, IN
T HE CITY OF CORPUS CHRISTI, NUECES -n,, Y, EY,F.S, S`'l D
N20PE:'TIE ECESSARY IIN CWHECIOM WITH THE CQUI-
SITIOi: OP THE 'IGIT OF 11AY FO. ^, THE PROPOSED HIGFI LEVEL
CHril fnEL- CROSSliiG a;IXE ;,i9D FCR LGE Iiti TI1E 'RELOCATiOh' OF
'E:,TAi ;� R,',ILROr�D FACILITIES, 1, COPT' OF WHIM] DEED IS
�TTACHEJ HERETO i•S0 i,5A0E i•. PhRT HE.',ECF; APIO DECLd.RIi`;C SAID
PROPERTY TO E NO LOPIGER NECESSARY FOR USE AS A R.R OF THE
vNITARY SE:IER DISPOSr;L PLANT OF THE CITY; :,ND DECL+,RIf
Eric ENCY.
HHEREAS, THE CITY CF CORPUS CHRISTI IS THE OWNER OF THE FOLL -,WING
LANDS AIND P'EIII5E5:
TRi.CT 1. THE 'EAST N' OF -..TO 1, 2, ' - AND E,
cLGCF. , „EACH PORTIOFI OF THE CITY Or'l,0';PUG CHPi STl, -
NUC-,ES CDOiYTY, TEXAS.
TiiACT 2 LOTS 1 TNi,GUGN12, CLOCK 5�, 3EACH POF.TION DP
THE CITY OF CORPUS CHRISTI, iNUECES COUNTY, TEXAS.
TRACT 3. LOTS 3 THROUGH 10, ;LOCK GS, BEACH PoRTICH OF
THE CITY OF COP.PUS CHRISTI, I'!D E_Sa COUNTY, TEXAS;
TR;ICT 4. LOTS 11 2, 11 AND 12, DLOCK 60, 3EACH FORTION
OF THE CITY OF CORPUS CHRISTI, !UECES ':.OUNTY, '1EXAS.
-,CT C ALL THOSE P:;RTIONS Ai:D AREAS OF LAID ADUTTING
3L OCI:S C , 0 -, ._, C'J. ARID D9, 3EACH PORTION iF THE '_ITY CF
CORPUS CHRICT1, I{ERETOFORE EXISTING AS DEDICATED STr EETS
uUT VACATED AND A:ANDDHED AFTER FUJLIC HEARING LY THE
CITY CF CO,',PUS CHRISTI :;Y THE TERNS OF ORDIF!ANCE ijO.
7G PASSED AND APPRGVED MARCH �,O, 1 ;
A'ID
WHEREAS, SAID PFOPE.M ES ARC NEEDED IN CONNECTIOH WITH THE ACQUISIFION
OF THE ^IGHT OF WAY FC` THE PROPOSED HIGH LEVEL CHANNEL CROSSIIIG DRIDGE AND THE
SOUTH APP:OACH THERETO, AND FOP, USE IN THE RELOCATION OF CE:iTAIN TRACKS, SWITCHED
AND ::THE' PROPERTY, DUILDIIJGS AND WAREHOUSES OF THE TEXAS AND NEry COLEANS RAILROAD
COMPANY, AND IT IS NECESSARY TO CONVEY SAID P`OPEP.TIES TO THE SAID RAILROAD COMPANY
III ACCC.IDANCE WITH THE AGREEMENT OF RE40CATI0I4 OF SAID RAILROAD FACILITIES WHICH
SAID RAIL,:OAD COMPANY HAS WITH NUECES COUNTY: AND
INHERE ^.S, CERTAIN STREETS A3UTTING SAID PROPERTY HAVE DEEN CLCSED
AFTER PUDLIC HEARING, 3Y OiDINANCE NQ. 4170 PA35EO AND APPROVED ON THE 30TH DAY
OF MARCH, 1575:
4M1
N104d, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY NANAGEF DE, AND HE IS HEREDY AUTHORIZED
AI110 DIRECTED, FOR AND O,N DEHAEF OF THE CITY OF CORPUS CHRI5T11 TO EXECUTE AI:D
DELIVER A SPECIAL WARRANTY DEED TO THE AECVE DESCRIDED PRDPERTY� A COPY CF WHICH
DEED IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE PROPERTY HEREDY CONVEYED IS HERETY DECLARED TO
ZE HD LONGED: NECESSA',:Y FC,R USE AS A PART OF THE SANITARY SEWER: DISPOSAL PLANT
OF THE CITY OF CORPUS CHRISTI AND 15 ADANDONED FOP, SAID PURPOSE.
SECTION j THAT DELIVER:' OF THE DEED AUTHORIZED FOR EXECUTION IN
SECTION 1 HEREOF -E UELIVExED DY THE CITY h{ANAGEP. OF THE CITY OF CORPUS' CHRi STIR
OR U;IDER HIS DIRECTIOI12 UPON THE DELIVERY TO THE CITY OF A STATEMENT OF THE
COUNTY EIISimzi:' Or, COUNTY RIGHT -OF -WAY /AGENT STATING THE VALUE OF SAID PROPERTY.
AS AGREED UETWEEN THE CITY AND THE COUNTY AS OF l'HE TIME OF THE DELIVERY OF SAID
DZED TO 3E TAIC'_N INTO ACCOUNT III ACCORDANCE WITH THE AGREEMENT BETWEEN THE CITY
ARID THE COUNTY C3,NZERNIIJG THE VALUE OF PROPERTY CWKED DY THE =--ITY ARID CONVEYED
UPON REQUEST OF THE '„OUNTY IN CONNECTION WITH THE OCTAIHING OF ,RIGHT OF WAY FOCI
THE SAID HIGH LEVEL DRIDGE AND RELOCATION OF RAILROAD FACILITIES.
SECTION, fir. THE NECESSITY FO,: PRDI +IPTLY AAIKINC DELIVERY OF CCNVEYANCE
TO THE PROPERTY HEREIN DESCitI'3ED IN CONSUMATIDN WITH AGREEMENTS MENTIONED HERSIN
C,,EATES A PUCLIC EIIE,,CTNCY ARID AN IIIPE'ATIVE PU3LIC NECZS51TY P,EQUIRING THE
SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDIIIANCE OR RESOLUTION SHALL
OE PASSED FINALLY ON THE DATE OF ITS INTRDDUCTIQN AND THAT SUCH ORDINANCE OP.
RESOLUTION SHALL :.E HEAD AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE
I,IAYOR, HAVING DECLARED SUCH CMEPGEICY AND NECESSITY TO EXISTS HAVING REQUESTED THE
SUSPENSION OF SAID CHARTER PULE AND THAT THIS ORDINANCE DE PASSED FINALLY ON THE
DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE SHALL TAKE EFFECT AND 3= IN FULL
FORCE AND EFFECT FRCM ARID AFTEO ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED
THIS THE y' GAY OF NOVEMBER, ty�/
ATTEST:
l �J
Y5.M�2 MAYOR _ THE CITY OF CORPUS CHRISTI, TcXr"S
CITY JECRETARY
APPROVED AS TO LEGAL FORM
NW' ER k, 7 7p '
iR
CITY "T -ORHEY
1MS:AP:2 /15/57
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, THE COUNTY OF NUECES HAS AGREED WITH THE STATE HIGHWAY
DEPARTMENT OF TEXAS TO ACQUIRE THE NECESSARY RIGHT OF WAY FOR THE CONSTRUCTION
OF A HIGH LEVEL CHANNEL CROSSING BRIDGE TO REPLACE THE PRESENT BASCULE BRIDGE,
AND IN CARRYING OUT SUCH AGREEMENT THE SAID COUNTY OF NUECES HAS ENTERED INTO
A CONTRACT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY FOR THE EXCHANGE
DF CERTAIN PROPERTIES; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS CONTRACTED WITH THE COUNTY
OF NUECES AND THE NUECES BOUNTY NAVIGATION DISTRICT ND. '1 TO COOPERATE WITH
NUECES COUNTY IN THE ACQUISITION OF RIGHT OF WAY AND PROPERTY NECESSARY TO BE
.EXCHANGED FOR RIGHT OF WAY FOR SAID HIGH LEVEL CHANNEL CROSSING BRIDGE; A140
WHEREAS, THE COUNTY OF NUECES HAS REQUESTED THAT THE CITY OF CORPUS
CHRISTI, IN KEEPIN� WITH SAID AGREEMENTS, CONVEY TO TEXAS AND NEW ORLEANS RAIL-
ROAD COMPANY THE HEREINAFTER DESCRIBED PROPERTY TO CARRY OUT THE TERMS OF SAID
CONTRACT BETWEEN THE CITY, COUNTY OF NUECES, AND THE SAID RAILROAD COMPANY;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY OF
CORPUS CHRISTI, ACTING BY AND THROUGH ITS CITY MANAGER,DULY AUTHORIZED TO ACT,
FOR AND IN CONS!OERATION OF THE PREMISES HEREINABOVE RECITED, AND IN ACCORDANCE
WITH THE REQUEST OF NUECES COUNTY AND OF THE PAYMENT OF ONEDOLLAR ($1.00), THE
RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAS GRANTED, SOLD AND CONVEYED, AND BY
THESE PRESENTS DOES GRANT, SELL AND CONVEY, UNTO THE SAID TEXAS AND NEW ORLEANS
RAILROAD COMPANY ALL THOSE CERTAIN PIECES, PARCELS OR TRACTS OF LAND SITUATED
IN NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT;
TRACT 1. THE EAST 90' OF LOTS 1, 2, 3, 4, 5 AND 6,
7_07779, BEACH PORTION OF THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS.
TRACT 2. LOTS I THROUGH 12, BLOCK 65, BEACH PORTION OF
THE CITY OF CORPUS CHRISTI,. NUECES COUNTY, TEXAS.
TRACT 3. LOTS 3 THROUGH lO, BLOCK 66, BEACH PORTION OF
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS.
TRACT 4. LOTS 1, 2, 11 AND 12, BLOCK 66, BEACH PORTION
OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS.
TRACT 5. ALL THOSE PORTIONS AND AREAS OF LAND ABUTTING
BLOCKS , 64, 65, 66 AND 69, BEACH PORTION OF THE CITY OF
CORPUS CHRISTI, HERETOFORE EXISTING AS DEDICATED STREETS
BUT VACATED AND ABANDONED AFTER PUBLIC HEARING BY THE
CITY OF CORPUS CHRISTI BY THE TERMS OF ORDINANCE ND.
4176 PASSED AND APPROVED MARCH 30, 19551
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 TEXAS AMC,
NEW ORLEANS RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS FOREVER, AND THE CITY
OF CORPUS CHRISTI DOES HEREBY BINO ITSELF, ITS SUCCESSORS AND ASSIGNS• TO WARRANT
AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES UNTO THE SAID TEXAS AND
NEW ORLEANS RAILROAD COMPANY• ITS SUCCESSORS AND ASSIGNS• AGAINST EVERY PERSON
WHOMSOEVER, LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF, BYA
THROUGH OR UNDER THE CITY OF CORPUS CHRISTI, TEXAS.
WITNESS ITS HAND, THIS THE DAY OF , 1957.
CITY OF CORPUS CHRISTI, TEXAS
BY
RUSSELL E. NC LURE, CITY MANAGER
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM
FEBRUARY 16, 1957;
LTY ATTORNEY
TIME STATE OF TEXAS 0
C"TT OF NUECES 9
BEFORE NE, TIRE ORDERSIOH98 AUTNORITT, ON THIS DAY PERDDNALLV
APPEARED RUSSELL E. NCCLURE, CITY MANAGER OFOIE CITY OF CORPUS CNNIDTI, TEXAS
A MUNICIPAL CORPORATION, KNOWN TS NE TO NE THE PERSON AND OFFICER most NAME
10 SUDDCRIXED TO THE FOR WOINO INSTRUMENT, AND ACENOWLEDSED TO ME THAT THE SANE
WAS THE ACT AND DEED OF SAID CITY, ADS THAT HE EXECWTED THE DAME AS TOE ACT
ADD DEED OF SAID CITY FOR THE PYXPOSES AND CONSIDERATION THEREIN DXPR uSEe AND
IN THE CA►ACITV THEREIN STATED.
61VEN UNDER NY *AND AND SEAL OF CFF ICE. THIS THE DAV 0 I
• 1757.
NOTARY POKIC iN AND FOR NOu[s COMM
TEXAS
CORPUS CHRISTI, TEXAS
.1937
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 ORRESOLU-
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: I. 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,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLO/Wn VOTED:
;ING
FARRELL D. SMITH
l
W. J. ROBERTS
B. E. BIGLER
1
C
MANUEL P. MALDONADO,
J
CHARLIE J. RILLS
ARTHUR R. JAMES
OD ELL IN¢LE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
.G
B. E. Bt¢LER
GGCc
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
i�