HomeMy WebLinkAbout05552 ORD - 11/04/1959JAW :JK11:11 -2 -59
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
XECUTE, F R AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, A CONTRACT WITH OSCAR BROWN ET UX,
PROVIDING FUR THE PURCHASE L.LKIAIA BUIMINGS AND
LEASEHOLD ESTATES MORE PARTICULARLY DESCRIBED HEREIN,
FOR THE SUM OF j ,000.00, A COPY OF WHICH CONTRACT IS
ATTACHED HERETO,AND MADE A PART HEREOF; APPROPRIATING
THE SUM OF 14 000.00 FROM THE BRIDGE RE MOMO AND
RELOCATION N F D N0. 230; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, WITH OSCAR BROWN AND WIFE, ODESSA BROWN, PROVIDING FOR THE
CONVEYANCE BY SAID OSCAR BROWN, ET UX, TO THE CITY OF ALL IMPROVEMENTS
INCLUDING ALL OF BROWNt3 CAFE, LOCATED ON THE SOUTHERNMOST 16,004 SQUARE
FEET OF LOTS 3 AND 4, HATCH COMMERCIAL SITES, FOR CONVEYANCE TO THE
CITY OF A LEASEHOLD COVERING THE SOUTHERNMOST 80.02 FEET OF LOTS 3 AND
4, HATCH COMMERCIAL SITES, BEING THAT AREA OF LAND FRONTING 200 FEET
ON HIGHWAY 9 TO A DEPTH OF 80.02 FEET AND CONTAINING 16,004 SQUARE FEET,
MORE OR LESS, AND GRANTING TO THE CITY A RELEASE OF CLAIMS, ALL FOR THE
TOTAL PURCHASE PRICE OF ,$x,14,000.00, A COPY OF WHICH SAID CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THERE IS HEREBY APPROPRIATED FOR THE PAYMENT UNDER
SAID CONTRACT THE AMOUNT OF $14,000.00 OUT OF THE BRIDGE REMOVAL AND
RELOCATION BOND FUND NO. 230, PROJECT N0. 230- 55 -2.3•
SECTION 3. THE FACT THAT IT IS NECESSARY THAT ALL RIGHT OF
WAY ACQUIRED FOR THE GRADE SEPARATION ON HIGHWAY 9 BE CLEARED OF PHYSICAL
IMPROVEMENTS AND LEASEHOLD INTERESTS CREATES A PUBLIC EMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON
THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL
BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR,
5552
HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED
THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED, THIS THE_�(_DAY of 7jJ,�e; , 1959.
MAYOR
THE CITY OF PUS CHRIS If, TEXAS
ATTEST:
V CITY SECRETARY
APPRQVED AST EGAL FORM THIS
AY OF� 1959:
2 ATTORNEY
Ca'' ACT FCR''BALE OF
1 5 ACdA�
TIC SPATE OF WAS .�
coutaY or NLECES �
" 7-1
OSCAR ftQWN, 001113 801NE03 AS QRMN111 Un, AHD QMSA
6RaWs wire OP OSCAR OROWlN, HEREINAFTER CALLEPI SELLERS, In LIEU of
tON EMMATION, AND THE CITY of CORPUS OMSTI, A RUNICIPAL CORPORATIoN,
HEROIA1m CALLED SST &S, HEREIN ACME AND CONTRACT to PERFORM THE
FOLLOWING TO -WITI
1« SELLERS, FOR AND IN OOH8IGERA om of vii. PRomse SY BuTEi1
To PERFORM PARAGRAPH 6, DELOW, &MC To ASSIQN,y GMTp SELL Ably CONVEY
TO %urERA
(A) THAT PART OR PORTION OF A LEASE DAT1:D JuHC 19, Iii,
FRM4 0. W. HATCH, SR., ET ull, TO SELLERS, WHICH OpANTCO A LEASE OVER
LOTS 3 AUD 4 OF THE HATCH Coa111E1em sim, )bisOFAR As IT CAyER!! THE
GOUTHERN 00.02 ma OF 1.0Ta 3 AND 11, HATCH COMCaCm Sit&$, aEINA THAT
AREA OF LAND, FIIONTlua ZOO ruT ON HICWWAY To A DEPTH of 80.02 FEET AND
tONTAININ4 1(,$+34 aiauARC F'E1:T MORM ,4R L930.
(a) TITLE To ALL of THE 40PROVEMENTS TO THE REAL CSTATE QH
THE SAID AOOVE V4CRIDEO 16,W4 SQUARE PST JOUIL1)INGS, $HELL, GRAVEL,
ALUMOIH(4, ETO.' SPECIFICALLY I"44vol" TITLE To ALL of THE STRUCTURE
PARTIALLY LgaATED ON THE GA1D PARCEL SH UGU V9Sj jmATE1j AND KNOWN AS
RRowulS CArc# [IEINO A F11AMC TYPC,STRUCTuni APFROSIMATav 35I x 4510
THERE Is 1liSCLuvao Fao" pill) co- wETA11cE us AIAN DEHOTIHO BROW S CATC,
PROVIDING *A40 -SIGN 141 RENWCD FRG## THE SAID 16,0G4 SQUARE FEET WITHIN
t1 BAY'S FROM THE Execution OF TA18 CONTRACT.
(C) A RELc"e GF ANY CLAIM OV SCLLCHS• AOMMST Suven on ITS
ASSIQNS FOR O MAQE4 To THE ACHAININA LEA$ENOLII QECAUsE OF THIS PijRCHA$E
OR D^ZCA'nC or BUYEW5 PURCHASE-OF -LAND FROM Q. W. HATCW, ET QX0 FOR THE
PLARNED 4u4+L14Y PIIDJECT or W14ENING HilaHWaT AND CSTAMISM NT Aso USE or
THC SAVA= LANE RAILtioAO L1tif.
2. AT THE TINE OF &LOSIMI., yN rWORHAHCB Or PMAGRAPS 1,
A'OWre, S1R46110 WILL SUCUTC AHD' $1LLIVrA '1'P SJUR AU 103TRUiiM OF COX-•
VZTANCC IMINTICAL TO EXHIOIT A,, ATTACHED HERETO, AND S"LEO MEMO -
ASREE 10 M pROYI3IQN9 coNTA15tE11 IH EXNI8IT A._
3t SELLERS WILL WARRANT IN' THE INSTAUMENV OF CONUT"tc,
IfMNTICAL TO EMIOIT- A, TH6 TITLi: To THE LEASEHOLD AND ImPROVEbIE"ll
COfIV9"O, AND THAT TfIERE ARG NO LICKS,_LANOLORD LIENA, DUOS Of TRUDT,
�
MORT{I M OR TAXbS OUTSTANO;kQ AQAINST THE LIIPROYEktEtj'f4 OR THE L €AkrROLD.
�
SELL6la AQREE TO Assum AMP PAY ALL TAXES ANO TNAT
709 SAID AMaJNT IN PAQAQ9Al"iJ 6, 6ELOW,, INtwoss, t:ONS1s"FIATION r0a TAKES.
•7,4
A
U"CRA AGarC THAT PRIOR TO CLOSI#GJANY UNPAID TAXill, INCLUDING 1952 ,
TAXE9, -BAY GC PAID BY IBUng AbV DEDUCTED FROM, THE-SAID COMAQERATION IN
PARAGRAPH V"OW, AND TILE vm.AKCC,RE PAID SasmCBts AS THE FULL PURCHA99
PRICC• p `
5•' sELLERS AND zuvp8 #" T#tAT Ti113 DEAL IR TO [6E C'LOEiED Oil .'
(m 8&FORE IrT DAYS MON DATE OF CSCCUTION OT GVYER- SCLLCRS A01REE TNCY
411LL ItlRHi9itp A'3' Bunnts "PENsC,, A '►IrLE •sQLICY, NITHtN1T excEPTION, TRAM
„sr
pit STCWART 14ITLC CWA" 49 -OR O¢FaRS CLOSING.
_
6, BUYER, rom AND IN S (MS#CERATION QP Tit£ PERFORMANCE OT
SI"t" OF THE *SOV:r AGUES TO SAY SMAXN9, AT TIHE 4T' CLOSINOj. V111C
CONSI'DEAATIAK OT iI!} t.�0• _
z
7
%. auyeR, Aijo seLLuts AgR4E TAA'7 sew cas HILL tt-Avr UHTIL THE
TH II,TO 11Ci VC ALL HOYIAHLt PpopeITY'AAR E(wipHElt3' FROM
Tits ST&UCtUAE DCSIOHATEb AS E'stCOWN% CAFE.
spun AND 5E1.16901% AGRIM THAT TEAS CONTRACT IS PERPORtIADI.it
IH MUCdCIl �tAtITY, 'i�KAC.
�
IWIBIT "A"
i3EEQ
TO INVEI�P7i9
LEMEHOLD AND 'nEL, SE Or A:4Y CLAIM
TJJE STATE OF TEXAS
COU1S711' OF WE=
OSCAR ORO" AND wIFE, dcDSSSA BROWN, MERCINArTLR CALLCO GRAtR)ORS,
11WJeRS OF A LGAOE FRO" G- W- HATCH, SR., ET UX, DATCD .TUNE 19, :T6, I3i
LIEU Or COADEMNATAW, HA„i: St)LI), ORA-?3't(), ASSIia IED Ai7D CONVEYED TO THC
CiTy OF CORPUS CHRISTI, A RUAICIPAL CORPORATION, HCRCIUABTCR CALLED
GRANTEE, FOR AND Iii COiIIDt'.tIATIQN OF THE sum or TEN DOLLARS
IN NAND PAID US THIS DAY ay THC SAID IIRMITEr, TH£ RECEIPT or WHICH I5
01ZaZOY AC#SEIOWLCOGED, AYD DO i7ERrm OY THESE PRCSCNT5 SELL' GRANT, ASSIGN
AND P,ViVU THAT POnTIOA OF THE SAID LEASE PERTAINING TO AHD INSOPAR AS IT
COVCnz THC SouTHenis EO.02 FEET Or LOTS 3 AND 4, FIATCH COMMERCIAL SITES,
OLIN3 THAT AREA Or LAND rRONTIflo ZW FELT cri HIGHWAY 9 TO A DEPTH OF
CO.O:� fECT AND COATA11110 16,A $QUARE FEET UOA'C OR LES$.
(IRANTORS ALSO, 43Y THIS CO3VE'YANCE, HEREIN RCLCASC ANY SEVERANCE
De,t:dAQCS OR CLAIR POP SEVCRANC£ DAMAGES THAT 141ORT RESULT OR Or CLAIMED
TO HAVE R95ULTCD TO THC VALUE OF THE OFMAJUING PORTION Or THC SAID LEAUG
nOT 0£ING HEREIN COiivCYCD, ATkD IT 19 rULLY unDca3Tr3OD THAT THE SAID
LEASE 63e1NG CONVEYED IS PJRCNASED, IN Lieu OF C0'3OCN4AYION, FOR USB IN
CoTjN9CTION WITH THE C0:33TRUCTIOVI AND USE Or A RAILROAD TRACK ANOJOR THC
WIDENING OF STATE HIG4-EHAT 9 iSiD CONSTRUCTION Or AN OVERPASS on STATC
I11woo.Y 9. VANTOM rUAT€ eft HEREIN RELEASE ANY PAWAQCS OR CLAIM FOR
pA'iIAGES AGAINST THE GRANTEE OR ITS ASSIGNS 13CCAU9L Or THE PURCHISE Or
LAME joy ra',J1+3SEC FR%4 G. W. HATCH, SR., ET UX, #01 THE SAYC SAID PURPOSE
AND USE.
1 T,±A,'1jTi --" HEREIN SPECIFICALLY COwek TO 'GRA4TCE THE IMPROVEMENTS
SITUATtD OP PA @Ti ALLY SITLIATCO O'J THE: SAID SOUTHERN &oxn FEET Or LOTS
3 AND 4, t(ATCH COMMERCIAL SITES, VII PAPITICULAnLY ALL OF THAT STRUCTURE
gqS WN A9 3ROWNls CArC LOCATED PARTIALLY ON THE BGID EO-O2 FEET Or Love
a■
3 A";D 4, HATCH C0K'4tRCIAI. SITCS, Allp WAICH 1t4ppOVgj4E0TS a
WMRANT OW7MRSHIP on TliAT WNTM ARE CHTITLED TO SUCH IRpsoVCMrOjT5
UNDER THE MV10101 Or THE SAID 4CAS4.
MMMM, WAT.IRAilt TITLE TO SAID LEASE AND IM1T;0VCMr4TS AND
THAT THERE Ant NO LIC4&, LANCLORD LIENS. fionTuAQts, DrrDs or TRUST OR
TAXCO OU THE SAID IM0aOVCr4r!4T5 On 0.1 THC *AJQ I-CA3r HCflZItj t)EIHa
WITUESS OUR llk4b0 THIS SAY 01,
53—CAR DROWN- --
00t:SSA U-R—OWA
GUITEE. CITY Or CMUS CHRISTI
By
HEMET W. wa#'Toci; -cdry =A(left
THE STATE OF MMS
COUNTY OF w[£-£S
UEFORE ME, THE UNDFASIGILED AUTHORITY1 Qd f0la DAY PL93uaULy
AMAIED OSCAR OROW14 AND -- ODE33A GROWN, HIS WIFE,, POTH KNOWN TO ME TO 61;
TUC r0sQ;:s 4111"" 0xici AL6 4USSCIMED TO 7119 FORE30iiiQ JusTRUNEuir, At4D
ACKNOWLEDGED TO He TEAT ViCy j;AcH EXCCUTZD THE SAME FOR THE PinPOSES AND
Cor'SlUCRATION 7"EMIli LAPAE54M, AAA THE SAID UQCSJA UROVU, Wire or THb
SAID OSCAR BnOWN, HAvl%Q OEEN Emarizo BY HE PRIVILY AND APART rFtLM HER
"UODAN00 INSTaUHLUT TO Of- HER ACT MD OECD, AND OCCLARCD
THAT $HE HAD WILLINGLY lJNl!lED TmIC SAME FOR THE p,,jRpQSE5 AND CONSIDERATION
THERaIN EXPj39336D, AUP THAT Stiff DID tJQT WIZAt 70 RVTRACT IT.
GIVEN MER MY MW AND SEAL Of OFFICE, Tow 1DAY or
NOTARY PUMIC IN AND FoP: l\tirer* CouNTy,
TcxAzi
nIC STATE Or TEXAS I
cou"My or illacEs I
BEFORE K, Tag UROCRSIGANED A4THUROTY, ON THIS DAY PfM504ALLY
AFPCARM HERBERT W. WHITrieV, CITY MANAGER OF THE CITY Or CORPUS CHaRSTI,
Tzuso KNow" 74 mic To br THE PERSON w"1036 RANC IS sU"cjjIQcL) TO THE FoRi;-
GOING INSTRUMENT AND ACKNOWLEOGGED TO 14C THAT HC CXECUTCD THE SAME FOR
THC PORF-M$ ANN CONSIUCRATI011 THEREIN eXpReaSE0, A140 IN THE CAPACITY
THEREIN STATCO A-3D AS THE ACT AUD, DCVD OF SAID CITY.
1959. GO'iCfl EANDZR My HAND AND SEAL OF OFFICE, THIS —DAY or ------------- A
NOTARY PUBLIC IN AND VOR NUCCEO COUNTY,
Ti:KA*
11
f
1
11 -2 -59
I certify to the City Council that the money required for the
contract, agreement, obligation' or expenditure contemplated in the above
c�
and foregoing ordinance is in the Treasury of the City of Corpus Christi 1k,coo.
to the credit of No. 290 BRIDGE REMOVAL AND RELOCATION BOND FUND.
,PROJECT 210- 55 -2.3 --
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance
__J
CORPUS CHRISTI, TEXAS
DAY OF o '19�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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 REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
YO
THE CITY 0 C RPUS CHRIS I, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY KING 1q,I
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, 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 LOZANO, SR.