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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.