HomeMy WebLinkAbout05553 ORD - 11/04/1959I
JAW :JKH:11 -2 -58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, A CONTRACT WITH PATRICK MURPHY ET UX,
PROVIDING FOR THE CONVEYANC OF CERTAIN MPROVE-
MENTS AND A QUITCLAIM OF ALL RIGHTS IN THE
SOUTHERNMOST CUfJZ SQUARE FEET OF , HATCH
COhM1ERC 1 L S I TES, FOR THE SUM OF , 3.0 ,,A-
COPY OF WHICH CONTRACT IS ATTACHED HERETO AND
MADE A PART HEREOF; APPROPRIATING THE SUM OF
$1� ,873.00 FROM THE B IDG MO AND RELOCATION
BOND FUND NO. 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
A CONTRACT WITH PATRICK MURPHY AND WIFE, PAULINE.MURPHY, PROVIDING FOR
CONVEYANCE BY PATRICK MURPHY, ET UX, TO THE CITY OF ALL IMPROVEMENTS
LOCATED OR SITUATED ON THE SOUTHERNMOST 8002 SQUARE FEET OF LOT 7,
HATCH COMMERCIAL SITES, EXCEPT TRAILER SALES OFFICE BUILDING AND BUSI-
NESS SIGN, FOR CONVEYANCE OF QUITCLAIM TO THE CITY OF ALL RIGHT, TITLE
AND INTEREST OF PATRICK MURPHY, ET UX, IN THE SOUTHERNMOST 8002 SQUARE
FEET OF LOT 7, HATCH COMMERCIAL SITES BEING THAT TRACT OF LAND ABUTTING
100 FEET ON HIGHWAY 9 WITH A WIDTH OF 80.02 FEET AND CONTAINING 8002
SQUARE FEET, MORE OR LESS, AND GRANTING A RELEASE TO THE CITY, FOR THE
SUM OF $1,873.00, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE
A PART HEREOF.
SECTION 2. THERE IS HEREBY APPROPRIATED FROM THE BRIDGE
REMOVAL AND RELOCATION BOND FUND N0. 230, PROJECT 230-55 -2.3, THE SUM
OF $1,873.00 FOR PAYMENT UNDER SAID CONTRACT.
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 LEASHHOLD 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,
5553
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 2&--- 1 1959.
ATTEST: MA OR
'n THE CITY C RPUS C41 STI, TEXAS
CITY SECRETARY
APPROVED AS GAL FORM THIS
% /DAY F x'9959:
a,- ATTORNEY
.1A47mui 11 -2.59
J
CONTRACT FOR SALE OF RjP 0VCWNTS,
QUITCLAIM OF RIGHT. TITLC AE10 I1JeREST
ID LEASEHOLD AN7 RELEASE CF CLAIMS
THE STATE OF TEXAS
COUNTY OF NUECES
PATRICK fTURPHY AND WIFE, PAULINC UURFOY, DOING 8U3tNE813 AS MURPHY
TRAILER SALES, OF NUECEB COUNTY, TEXAS, HEREINAFTER CALLED SELLERS, IN LIEU
OF CONDEMNATION, AND THE CITY OF CORPUS CHRISTI, A MUNI`:IPAL CORPORATIONp
HCRCINAFTER CALLED UNC R, HEREIN AGREE AND CONTRACT TO PERFORM THE FOLLOWINGS
TO -WIT:
1. SELLERS, FOR AND IN CONSIDERATION OF THE PROMISE BY BUYER TO
PERFORM PARAGRAPH 7, BELOW, AGREE TO THE FOLLOWINGI
=A! CONVEY TO BUYER TITLE TO ALL OF THE IMPROVEMENTS ON THE
SOUTHERNMOST 8002 SQUARE FECT OF LOT 7, HATCH COMMERCIAL SITES, OEING THAT
AREA ADUTTING 100 FEET ON Hi GHWAV 9 TO A WIDTH OF 80.02 FEET, EXCLUDING
AND EXCEPTING THC TRAILER 'SALES OFCICE OUILOING AND OU91NESS SIGN, PROVIDING
SUCH 19 REMOVED FROM THE SAID PORTION OF LOT 7 WITHIN TWENTY (20) DAYS FROM
THE EXECUTION OF THIS CONTRACT Dv BUYER.
(U) QUITCLAIM TO BUYER OF ALL RIGHTS TITLE AND INTEREST THAT
SELLERS MAY HAVE OR CLAIM TO HAVE IN THE uOUTHERNMOST &'*2 SQUARE FEET OF
LOT 7, HATCH COMMERCIAL SITES, AND OEING THAT AREA OR TRACT OF LAND OUT OF
LOT I, A0UTT1Nu 100 FEET ON HwHwAY 9 TO A WIDTH OF 80.02 FEET AND CONTAINING
8002 SQUARE CEET, MORE OR LESS.
(c) SELLERS WILL GRANT TO BUYER A RELEASE OF ANY CLAIM EY
SELLERS AOAINGT DJYE"R OR ITS ASSIGN'S FOR DANAPES TO THE REMAINING LEASEHOLD
OR INTEREST OF SELLERS BECAUSE OF THIS PURCHASE OR OECAU.SE OF FYc1YCQ0S PURCHASE
OF LAND FROM G. W. HATCH, SR., ET UXp FOR THE PLANNED PUDL#C PROJECT OF WIDEN-
ING HIOHUAY 9, A HIGHWAY 9 GRADE SEPARATION AND ESTABLISHMENT AND USE OF THE
SAVAGE LwE RAILROAD LINE.
2. AT TIME OF CLOSING, IN PERFORMANCE OF PARAGRAPH 1, ASOVE,
SELLERS WILL EXECUTE A14D GELIVEFI TO BUYER AN INSTRUMENT OF CONVEYANCE IDEN-
TICAL To EXH161T A, ATTAGHCD NCRETO, Atlp SELLERS HEREIN A:1RCE TO PROV131ONS
CONTAINED IN f$HISI'!' A.
StLLERt3 WILL IifRRAHT -YI:LE TO THE SA14 I*pRoVgNtNT / #- eKcCpTIRO +
THE TRAILER aALC$ OrrICt SUILDIKO AND SUSIWCIIS 51411# AND THAT THERtC AIM NO
t.I696X LANOLORtt LIEHS, 0=9 CF TROY NORTgA®F.II OR TAXES OUTSTANDING AGAINST.
,rot tIIPROVE6IENTS OR T't11S L$AAlZ"O.Os
4. srmuRS AOIIRL THAT- AL't. TRA11.E83 AND! OTHER MOVEMLE PROMT'Y, '
NOT HE&EIN CONTETMWILL at MOWED FPAM TH9 $f ID'SOLiTHERNHOST 8MV42- sQuARE
Fety OF LOT HATCH s:OII tftIAL' $ITE.4t. am' OR 9Et>OSG'20 lv- zuPY), OAYS- I'WX ?' "
Tot E$)'C ico -OF THt9 COIITDA4T'DT $UaA.
sja SELLER AD= To Ap , IIC AHD To PAY -A"' ti�sii TAREI1 AND YNAT THE
SAID AMOUNT IN PARAt..RAPH 7# OELOYp INCLUDES c.0"109RATIOM FOR TARE . sw6cm
A489C THAI V11OR TO CLOS'ING,I +ANY'VMPA1D VAXC®# r #C.#JDIIKi T"Op RAY Sr.
PAID SY BUYER AND bcou6Te0 rt m THG smo COastoCDATIOff In FARAQRAPII 7# 8$Ltw,p
AND TUC OALAWA At PAID SELLERS AS THE 6u" PuRCHAft PRICE. -
SLLLCR9 AND 13UYSO AGBU THM PEAL is TD .6t CLOM tME OR IItralls
TefENTY {20) OATS FROA'THE Tide OF to u7som BT }3{ Cos
BUVVII,y FOR AND IN CONSIDERATION Or THE PERBORMANCE BY SeLI.VM
V THE ABOYHI AGIMM YO PAT SELL , AT THE TIN£ OF CLO31HOO CONSIDtRATION
' of �►s�73l0t}.
�. f tY'tR AM SELI.C" #AMC THIA CONTRACT I- S'PRRfaMIABLE IN `
'Bt!GCza CIXINTTs, TEXAS*
! By
CITY NANAagR'
ATRICE RPHT
AULItf8 =P"'
EAHISIT UA"
OECD TO I MKS
QUtTC�14�9'�`A'"{�7 I�E� ANY
THE STATE OF MAS
C0i W OF NUCCES
PATRICK DIURPIHY AND WIRE, PAULINE PIYRpHT, HEREINAFTER CALLED GRANT M,
DOING oustINEGS AS MURPHY TRAILER - SALES, IM LIEU OF CONDEMNAMlHv HAVE SOLD$ .
GRANTSi3p ASSIGNED, ANA CoNft'M TO THE CITY OF CORPUA CHRISTtr A nUAIC7PAL
CORPORATION, HMMAFTER CALLED ORANT€Ep FOR AND IN CO"SIOERATION or, TNE am
OF TEN (010.00) Dof.tAma IN HAND PAID US THIS DAY BY $HQ SAfD GRARTEE, THE
RECEIPT OF WHICH JS HEREBY ACHIIQWLEOOEG$ AND 00 HCREST By TNESE_PRESENTS
SELL# GIdANT,, !1MIGN AND iCC►M TInt To ALL IMPROVEMENTS* EXCEPT THE TRAILER
SALES OFFICE BUILDING AND THE SUGINES8 $OCR$ LOCATED AND-BITUATED ON -THE
AOUTHERNMOBT �{IQi aQuARE rZer OF LOT 1, HATCH CDMpIERCIAL SITES$ HUECES COUNTY$
TEXAS, AND BEING THAT SAME ARIA Or LAND_0i LOT 70 HATCH CIwERCIAL SITES$
AUUTTINA 100 FELT ON HIGHWAY 9 TO A WIDTH OF 80.12 €cET CONTAINING 8= SQUARE '
FC&T, MORE OR LEGS,
GRANTORS HEREIN WITCLA11t Y0 GRANTa. ,ANY It IeHy,, rfTLC AND INlreeteT
THEY MAY HAVE to THffi IIQUTHeav"sT 8002 SWARIE pter or LOT 7, HATCH COMMERCIAL
- -SITES ABUTTING 100 FEET ON HIGHWAY 9'WITH A W10TII or 80.02 FEET AND CONTAINING
C SQUARE FEET.
ORANTORO AL 00 11VICIN RELEASE ANY CLAIM FOR OAMAOED THAT mIGHT IIESULT OR
CLAIMED TO HAVE 8ESULTCD TO Ah1Y INTEREST OR LEABEHOLO ESTATE ;aaRANTORS MIQMT
HAVE HAD IN THE REIfAINiNQ POIITIOH OF SAID LOT 7$ HATCH COMERCIAL $ITEa$
AUD IT IS FULLY UNDf;.RAraw THAT THE SAfO fHT$RCGT OF GRANYORO 13 atfNo PUR•
CHAOEQ# IN LIEU OF CONDEMNATION, FOR USE IN CONNECTION WITH THE CONSTRUCTION
AUD USED OF A RAILROAD TRACK AND/OR TILE WIDENING OF STATE HIGHWAY 9 FOR A
GRADt SEPARATION THEREON, ORANYORS HEREIN RELEASE ANY DANA9E6 OR CLAIM FOD
DAMAGES AGAINST GRANTEES OR ITS ASSIGNS BECAUSE OF THE PURCHASE OF LAND aY
GRANTEE FROM THE W. HATCH, SR,$ ET U11, FOR THE 11IME SAID PURPOSE AND UStE.
GRANTORS WARRANT TITLE•TO OA40 IHPROVCHCM OEtNG CONVEYED AND THAT
THERE ARE NO LIENS, LANDLORD LEAKS, M011iaAara, OE6D01 OF TRUST AND TAXES ON THE
SAID I"NOVE061113 HCREJN'BEINO CONVEYED.
WITNM OUR HANDS TH10� DAT -OP _ • i��s
PATRICK =pay
TIC STATE OF, TEMS }
WTW MEr THE UNRER01QN0 AUTHORITY# Oil THIS OAV PERSONALLY AP-
PEARED PATRICK MUPRHY AnD PAULINE,AUAP$YS HIS ytirt, coo KNO1s TO as TO at '
VFW PERWAS WHOSC NAMES ARE OUBSCRIM TO THE A" '
ACKNOWLEDGED TO HE THAT TkMY EACH CXCCUTCO THE ®AHE BON THE PURPOSES AND
CM3109RATIOU THEREIN UPRESSERi AND T11E SAID PAULINE MURPHV* VIFE OP IRK
SAID PATRICK MURPHY, NAVINO SEEN EXA1/1NEq SIP MC PRIVILY AND APART FROM HER
HMANDT ACIdid"90090 SUCH INSTRUMENT TO SB HER ACT AND P9COp AND OCCLARED
THAT SK RAO VILLINGLY 81ONCO TRZ SAIM FOR THC OURPOAC& AND CON3109SATION
THSRCIU 62PREMOp AND TH P -M 010 NOT V10H T8 MTRACT IT.
.GIVEN UNDER ISM HAW AND SM t�. OFFICE* inks _m or_.__
.... tom• " -
VOTARY PUDLIC' IN 00 FO$ NIJECED COONTT',,
'(CX"
11 -2 -59
2 certify to the City Council that the money required for the
contract, agreement, obligation, or expenditure contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi `913.c`
to the credit of No. 240 BRIDGE REMOVAL AND RELOCATION BOND FUND.
.,PROJECT 210- �9 -2.4
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
C�9'L'
Director of Finance
CORPUS CHRISTI, TEXAS
DAY OF i8 : J_
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)
I, 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,
'--� , '�L' ,,
YOR
THE CITY OF RPUS CHRIS 61 TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLRoY KING
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:
ELL ROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.