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Home My WebLink About05550 ORD - 11/04/1959JAW:JKH:10 -30 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON B�LF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS* ACTING BY AND THROUGH THE STATE HIGHd CO ISSION, PROVIDING FOR THE CONVEYANCE BY THE CITY TO THE STATE OF TEXAS OF 9674. 5 SQUARE FEET OF LAND FOR THE PURCHASE PRICE OF ,_A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, PROVIDING FOR CONVEYANCE TO THE STATE OF TEXAS ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSIONp FOR THE AMOUNT OF $3500.00, FOR THE FOLLOWING 'COT, TRACT OR PARCEL OF LAND, TO -WIT: A PORTION OF BLOCK 2, MONTERREY ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY THE MAP THEREOF RECORDED IN VOLUME 3, AT PAGE 50 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 2, MONTERREY ADDITIONS THENCE N. 19° 35' E. 179.36 FEET ALONG THE WESTERLY BOUNDARY OF BLOCK 2, MONTERREY ADDITION TO THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE S. 890 E 39'; THENCE S 1° W. 851; THENCE N. 89° W. 10' TO A POINT FOR CORNER; THENCE S 21° 33' W. 42.72 FEET TO A POINT FOR CORNER; THENCE S 1p° W 5 FEET TO THE SOUTHEAST CORNER OF LOT 50; THENCE N. 49° W 71.23 FEET TO THE PLACE OF BEGINNING, CONTAINING 9674.65 SQUARE FEET, ALL IN BLOCK TWO (2) OF MONTERREY ADDITION TO THE CITY OF CORPUS CHRISTI, AND BEING THE SAME PROPERTY CONVEYED TO THE CITY OF CORPUS CHRISTI, BY ABRAHAM HEIFETZ AND WIFE, EMMA HEIFETZ BY DEED DATED SEPTEMBER 1, 1944, RECORDED IN VOLUME 302, AT PAGE 48, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS. SECTION 2. THE FACT THAT THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION, HAS A NEED FOR THE ABOVE DESCRIBED TRACT OF LAND AND THE CITY OF CORPUS CHRISTI NO LONGER HAS A NEED FOR SUCH LAND CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON 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 SUCH EMERGENCY AND NECESSITY TO EXIST,, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER 5550 RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS_�'JDAY OF Nrv-� _, 1959- ATTEST: YOR THE CITY ORPUS CH STIR TEXAS CITY SECRETARY APPROVED AS TO L FORM THIS y DAY OF�A- 1959: IT TORNEY STATE HIDNWAT DIDEI"a COMMISSION D. C. OREER He RREaT C. PBTaY. ja., owaMAx TEXAS C. P. HAWHAL WOODWARD IMMRABIDUM OF AGREF IqT County of Nueoes Fl REPLY NO. TO Iantergtate Bigbway 37 Account No.16 -12 -1 Parcel No. RM 9l ftaft ar of t+kro �aaty ftaft of his tmst lfi/ o�t>asst� a3' ass oP lid tv Goff ' 8is�► ash i�ffi0 mJt*# a� �� a pew ltemaad'. Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussiotts. It is thought to be in the best interests of both you and the State of Testes to confirm this agreement in order to avoid any possible "misunderstanding as t• the details of the purchase or the process by whioh the State will make pa . ' I* , + _ Ai portion of Block 2, Waterrsy idditioa to ties 4ity of UOrpns i sti, as s o� * "<. at -pale � f[►}� Reno s 16ne ±c+ua yi ftus,',-Mdre party amwly described as fo t-' ~_'W-� at the ,goathwsst Corner ,a Masek' 2, Monterrey Addition, throes S. 19° rt -1 9�,% regt 'a1aas tlsa vosterky' bouz� ar7 or mmk -2, Mmterrey ,Addition to the natthv"t eel -at swA Rlock -23 Thsaca 5. 9 X 303- nM0e .8 o . 85' 3 Thensa ,1. SE3o A. 101 to a' stain 'i°aar cc rt '' enava 910 33# , fir; 41.'72" fa;A to a POIAt for ao i �� Ole tr 45 fea0 t4 ".the 86ae ast c ar. at, :fit- fie • ' ° 71.23 fast to t4Te,'piee�ao of _ ice 'cant. sag 9674.65 aquars, feint # - earl -,.i10 Block T40 (2) of KtrAta my, A*Uticn to th pug C�sti, and bt3latg the asses prq ertlr caaveyad to -tsar City of Gra s lahristi, shy 9b abaa ii and rri°e,' uaa Ralf iA by dead c gted Saptc ser 1, 19t,4 ro }csrd� is : Aa3 3U2, . d'a 0, or, t "_ I, 1`hat you will execute a general warranty deed to the State of Texas conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the deed. 2. That you will pay all taxes due upon this property, including delinquent taxes as well as payable current year taxes prorated to the date the deed is executed, and for the required Federal Revenue Stamps to be affixed to the deed. 3. Payment of taxes, liens and encumbrances, if any, and any other expenses of title are to be withheld from the purchase money and paid by the closing agent. y.. The State will pay for a policy of title insurance and for recording the deed, other expenses of clearing or perfecting your title to be borne by you, including recording fees for other necessary recorded instruments. Page Two MEM WMM4 OF AGREII+M (CONTIM) 5. It is expressly understood that you will surrender, give up and deliver possession to the above described premises by DeCember 31# 1959, subject to such written extensions as the State may grant. You expressly agree and consent to the inspection of the improvements, if any, on the above described premises while in your possession by prospective purchasers of such improvements. In consideration of such continued possession, you have agreed to give the State Highway Department five (5) days notice of the date you intend to vacate and to stand responsible financially for any lose of value to this property resulting from fire, theft or vandalism, (a) while you retain possession, and (b) after you vacate if you do so without giving such notice, such loss of value to be determined by the State. The payment of the amount herein stated and the terms herein provided constitute the only consideration and conditions of this purchase, and no other consideration or conditions have been prmLi.sed or implied. It is suggested that you carefully review the proposed right of way deed and satisfy yourself as to its provisions. With your signing of this letter and the execution of the deed, the State will proceed with the issuance of a State warrant, which will be made out jointly to the owners of the property and to Guaranty Title and Trust Company of Corpus Christi, Texas. This company has been designated as the State's closing agent and is responsible to see that the State obtains clear title. The closing agent will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. Yours v y truly, 1� ,/"Right of Way Agent Texas Highway Department CORRECT: District Engineer Texas Highway Department I (we) fully understand the Texas Highway Department Ia proposal as contained in the above letter and agree that my (our) execution of the right of way deed is based on this understanding. WITNESS: ffi1 Herber TL WAtaeyo City MM09M 1 (Poo. 01.) Date ' r CORPUS CHRISTIp TEXAS j� -DAY OF . ........... i 19 To THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIp TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEp 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 TOE 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 REQUIRE - MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY/ Y THE CITY CORPUS C ISTip TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEY ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANOp SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANOp SR-