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HomeMy WebLinkAbout05605 ORD - 12/02/1959•INS :AH:11 -18 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY A - TRACT WITH J. R. HELDENFELS. TRUSTEE„ FOR LAND FOR RIGHT OF WAY FOR THE WIDENING OF HIGH- WAY 9 AND LAND FOR THE RIGHT OF WAY FOR SAVAGE LANE LINE ALL TO BE ACQUIRED AS A PART OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; REAPPROPRIATING THE SUM OF $207.500.00 OUT OF NO. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND, WHICH FUNDS WERE PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 5250, FOR THE CASH CONSIDERATION FOR SAID LAND; AUTHORIZING AND DIRECTING THE CITY MANAGER-TO DO SUCH OTHER ACTS AS ARE PROPER AND NECESSARY FOR THE CARRYING OUT OF SAID CONTRACT; 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, A CONTRACT WITH J. R. HELDENFELS, TRUSTEE, FOR LAND FOR RIGHT OF WAY FOR THE WIDENING OF HIGHWAY 9 AND LANDS FOR THE RIGHT OF WAY FOR SAVAGE LANE LINE, ALL TO BE ACQUIRED AS A PART OF THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY REAPPROPRIATED OUT OF N0. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND, WHICH FUNDS WERE PREVIOUSLY APPROPRIATED BY ORDINANCE N0. 5250, THE SUM OF $207,500.00 FOR THE CASH CONSIDERATION OF SAID LAND. SECTION 3. THAT THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO DO SUCH OTHER ACTS AS ARE PROPER AND NECESSARY FOR THE CARRYING OUT OF THE AFORESAID CONTRACT. SECTION 16. THE NECESSITY TO EXECUTE THE CONTRACT AS OUTLINED IN SECTION 1 HEREINABOVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION 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 EXIST, HAVING REQUESTED THE SUSPENSION OF 5 & &5 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT FROM AND AFTER ITS PASSAGE, IS ACCORDINGLY PASSED AND APPROVED, THIS THE V\ DAY OF � , 1959. ATTES . CITY SECRETARY APPROVED AS TO LEGAL FORM THE 30 DAY OF NOVEMBER,1959: MAYOR THE CITY ISTI,TEXAS ESTATE *ES colini4Ad r T]3 ':STAT of TEXAS'> core o : llsteES'. Tii1S AGREEMENT •-is tad end entered: :into by end hetwen J R..Naldea'e15 Trastee, herlieett,er ceileci 7:Sel• er ^. and tha;` ' • . its ity s Naan ad g r, to Cs Chisti, a♦ctingt and,- 7rough CCly.orpur , i i i> by thi Cy;Coc, awth authorty dly gve t fl hcrelnfer • '"f the. Cowfly► of uec®atat o exa, ni'o r cal led uyer , o $UCfl, • Se11er,, -for anti:, in ooi sideration of the ,aunt of 5207;00,00,cesh to him,''together Jith the'liareinaftar- described eaeements,T :r1ghts of wnyr, ireseratstions;, rights and;:^covonamts, „ - which considerations, "it'is •underetood, are basing lailocated ae betwean.iend taken and eeveranca� damages in -the following mannorm,, (.ti er land to he. cenveyed to Buyer, $107,S0.0Xot (2) "Far cash asverande-deunages to the . remainder,: J. " 100, 000.-00; (j3. Aar mtnimioa.tion of a�i' e:compens -.- .. tion .for'- ad'ditionG1 severance •daimagest (a) Ee eiuent, a hereinafter: -spc 1 Elatedlye - dee ribed ;to- Sailer, for n lndu ,trie.l..`lend treok from the n line of the esOuri -,Pa • ifLc .R .itroa t tb Sellor"s West .remaAning` .tretct, `valued et I' ,75,D0d._00; fib) . r~atsenent, a *, hero iti fter °ape- ' cif lcal ty describe4. to • Seller,, for a 60+ reed right Wf way ecro: a 1clauigation_ i7$s 10Ict- lands to canned 'i ith road er roa4s leading South • from then lift bridge,, valued at ,L.. 4(040 c) .Reservat ion of right„ or grant ing of ,right, :em here-- 1nafter onedifieally provided, t Seiler, et `tits expense, tO: 'construct one- raiiroad;br'dge crossing and', one veh1Cu1 0 crossing over the Aavage lane Railroad right 'of wey,, valued at 25,000.00 (d) Making available dedicated road- way 6D! in width off Highway,9, as hereinafter specifically lo- cated and provided, giving access on to Highway 9 from Seller's West remainder tract, valued at 325,000,00 agreesto sell and convey unto Buyer, and ,Buyer hereby to purchase, the following described property situated in Nucces County, Texas, to -wits Par reel 1' 16,086 acres of land out of a tract oeland con- : taining 171,01 acres of ;and, more or less, ,located In :Nueces County, Texas. between State Highway No 9'. Savage Lane and 19helan Drive, McBride Lane and Shell Road, said - 171,01. acres, more or less, tract, fronting on Highway:No, '9 approximately 514.5 feet, On Savage Lane and Whelan Drive approximately. 2.635 feet, on Shell Road approximately 150 feet and'!`.oDride Lane approximately 1+59.5 fe¢t ", more particularlydescrlbed, as follows, to -wit$ Beginning at an iron rod in the South line of Up River _Road, Bald pointib,eing` the Northwest corner of. the John Dunn one- acretract, the Northeast 'Corner of the Heidenfels ?42.55 are tract, and the Northeast cor- ner.of this survey. • Thence, 5 5° - 53' E a distance of 11.01.7 feet along the West line of the said John Dunn one -acne tracts to a point :which is the Northwest corner of the feldenfels 7.142 tore: tract, • Thence, S 86° - 54'E a distance of 5.1 feet along the North line of the said 11eldenfels 7.82 acre tract to a point. Thence, S 5° • 531:,-B a distance of 1996.2 feet to a point. Thence, S 84° - 07'W a distance of 10.0 feet to a point of curvature of a right curve.' Tangent to the curve at.thispoiat bears S'5 ° 531'E. Thence, along a right curve having a radius of ;.5,801..65'feet a distance of 526,0 feet to th'e end of said curve. Thence, S,0° - t1.1P E a distance of 623.9 feet to a pointoiathe North line of State Highway No. 9 which is S 08 - °!F9! E 28.9 feet from the Southwest corner of the Heldenfels 21.6 , acre tract and being also the Southeast corner of this survey. alongTthe-North8line o f distance 23.9 No.9�t faoaet point which. 1s the Southwest Corner of the- Heldenfels 21+.4.6 acre tract, the" Southeast. corner of the Hatch :_Commercial Sites Tract,'and'the Southwest corner of this survey. . Thence, N o° 02' W a distance of 290.2 feet along :the common property_line between the He1denfeis 21.,46 acre tract and the said Hatch Tracts to: the Northeast corner of the said Hatch .Tracts..- Thence, N 03°.; l44+ W: a- distance ,of 124-.0 feet" along the 'North lino of'ti a sa14;,Hatchtraets ° to a point.. • Thence, N 0 . - 441' , w a distance, of 33t4.0- feet to ,a point of:curV$ure of a left curve., - Thence, along a- left curve having a raids of ,5,654,65.foeta d1atance;of 512.4 feet.to the end of Thence t s 94° -. 07 W a distance.. 20 .0 9 feet to Thence, N,5 °:- 53''W a distance of 2.!476.1 feet to a point, :Thence, N'84° -07' E el distance et 15,0.feet-to a point: .:Thence, N5°,- 53' W a distance o>n t.62,8 feet to a point in the -South line of the. Corpus Christi Refin- Ing CO. 3.p0 acts tract. ;Thence,,& 77° 07' Eelong.the South line of the „ said C.G Refining Co. :00 acre:,tract, a.distance of- 63.!.4 feet,to on, iron b "ar, which .is:the Southeast corner of the said 3.06 .acre tract. . Thence, N 5° -,531 W along;the'West line of the' said Tract a .distance of 514.1 feet to e• point in the South-- iine'of Up River.Road which i.s :the Northeast.` corner.,Pf the, sold 3.40 acre tract and 'the'13orthwest - corner of this survey. Thence; '.5 .77 °' - 0715 along the ,South sine of Up. River,.Road a . distance of 105,6 1"eet to:the point of beginning, and containing 16-.086 acres, more or less. PARCEL -2,- 0,750 acres of sand, out of.e 4.622 acre tract at land, located 1n Nueces,County,,Texas,; located. between the R7issouri•Pacific Railroad right of way North of Sizell Road and adjacent to the Etta. Brennan Tract, and e. 10.151 acre tract of land belonging to the Nueceg. Broadcasting Company; The 0.,750 acres of land'out of the aboVe described 4.622 acre tract of sand being more , Particularly described as follows, to -w1t$ Beginning at :a 'point in _the North line of by River Road which Is the Southwest corner of the Heidenfels 4- ,6222- acre tract and the Southeast Corner . of the. 1-] E. - Dunn Tract. Thence,' N 70 - 33' .ti along the West tins of the said Netdenfels Tract a distance of 4.82.53 feet to a point -which is the point of beginning, ,.:. Thence, N 7° - 33' N a distance of`72.82 feet to a point. I. Thence,'along a right curve having A back tangent bearing of N 38° - 25' - i6" E, end el, radius of 593.69 feet, a distence'of 345.4:1 feet to the end o1 : said Curvy,' Whence,`'N 710 let - '39 ".E.a,'di'stance,of 359.0? feet iota point in the South line of the Misaouri- Pac1i'ic Railroad: Thence,, along'the•said South line whlch-ls.a left eurve- having a back tangent.bearing'of S 899 - 041" - 27" E and a radius of 4,633.75 feet a distance of. '51.96-feet to a polnt'whioh is.the Northeast corner o£ this survey and being also the 'Northwest corner of a tract, of land:owned by the Nueces-County Navigation District. thence, :$ 69 - 43' E a distance of 33.69 feet 'along the common property line of the Bald Heldenfels and NCND tracts to a point. Thence, $ 71° - 28+ - -397 W"4 distance, of 301.20, feet to a point of curvature of a 1e£t curve. Thence, along'a loft carve heving a radius of 543.69 feet a distance of 367,22 feet to the point of beginning, and containing 0.750 acres of land, more or less.; PARCEL 3 An 30 toot strip of land out of the aforementioned: 171'.01 acre tract of and located in Nueces County, Texas.between .State Highway No. 9, Savage Lane'and Whelan Drive :a : it /101de Lane "and Shell Road, ordinarily the aforesaid 171.01 acre tract fronting on Highway No. 9 approximately 514.5 feet,. on Savage Lane and Whelan Drive approximately 2,635 feet, On Shell Road approxl mately',150;feet and :McBride Lane approximately 453,5 feet.. The 60 foot strip of land being' more particular- ly described`as follows, tp -wita Beginning at a point at a juncture of,the- existing North right 'o1 way line of 'Highway rrfo,'` 9 and the East right of way line of thee- SavagrLane Railroad right 'of way, as shown on the engineering drawings'or, file In the office of the Director of'Pubilclorks for the City of •Corpus Christi, fora point of beglnni_ng, Thence 'in 00 Easterly 4lrectlonelang the North right of way line of State Highway No. 9, 485.69 feet to the East property line of the. Continental 011 anP an yla 200 Z.40'fept tract. Thence North -- along -the-West property line of the. Continental 011: Ccmpany0s aforementioned tract for a distance of 80 feet. Thence West and parallel to the'North right of way line of State Highway No, 9 to a juncture with the aforesaid Savelge..iane Railroad right of way line, -a distance of436.46 feet. Thence.South along the East boundary line of the. Savage' Lana Railroad right of -way; line eidUstance.gf 80 feet'to the point of beginning. ,BUYER HEREBY AGRLE*i AHD'DOE* HEREBY ENTRQ,: *NT4 THE'FOLLOIiINO COVENANTA; TO'~WIT1 {. "BUYER'HtREBT'AGREES•THAY 'IT HMCo $Y'PROPER;VR;ITTEN *NRTRU$ENT0 GRANT, SELLER AN EA06HEHT.i BETVEEH THE TWO POINT® DESCRIBED '..'. 11ELOWi$- _;ALONG THE ''ICeT $$D$ or TM RIGHT or WAY AC9UIRE0 8Y',SUTER- FOR Tot SAVAGE LANE RAilROAD I:1NE FOR AN INDUSTRIAL LEAD V ACH. Ti E EA9EIIENT TO BEGIN AT'.THE E11ig17(NG Mistook, - PACir,C,RIGHT or WAY AT A POINT WHERE `THE"MEY SAVAGE LONE Ltoc INTERSECTS'WITH•THE NISSOURI.PACIFIC RIGHT `OF VAY,NOR1h or SHELL ROAD AND, SOUTHWARD TO A POINT AT TNE'SSOUTH LINE OF THE 3 -ACRE TRACT,OF LAND HERETOFORE RONVEYED BY d. R. HciOrRFEL3, TRV$TEE, BY CONTACTOR OEEDJ'TO:THE S.X. 'REFINING COMPANY, SAID POINT DEINN APPROXIMATELY 500 FEET SOUTH OF''SSHELL ROAD. THIS EASE+. NEHT tS TO BE. LOCATED pH RIGHT OF NAY ACQUIRED 8Y THE,CITT FOR THE SAVAG3 LAHC LINE AND'0 TG BE LOCATED AND'OESCRIDED'SD THAT THE INDUSTRIAL'. LEAD TRAC1C TO DE @GILT THEREO* VII+L PARALLEL SAID SAVAGE LANE L1NE ON, TI. WEST'SIDE THEREOF. IT:'9HALI. -OE;A 4ON=E1:CLUTIVE EASEMENT AUDIT IS 'UNDERST00D- ,DE.TWEEN THE PARTIES THAT THE MISSOURI.PAC*FIC RAILROADCCOMPANY . HAY AL50 BE - BRikNTEB Ili! EA$ENEHT AT THE y5ANE;'LOCATI'GN AND-'IKAY CONSTRUCT 3AID=lNDUSTNIAL LEAD TRACK. IT ,13 FURTHER UNDERSTOOD ,BETWEEN THE. PARTI,ESTHAT: -THE EUTER IRAUL BRANT AN EASEMENT AS ABOVE DESCRIBEC, BUT•THAT THE COST FOR TNE'CONSTRIJCTiON OF "THC; INDUSTRIAL t,6A0 TRACK SHALt,OE"BORNE DY.,SELLER OR MIRBDURI-PACI'FIC',*14 1E*E EVENT, 5A10 COMPANY SHOULD CONDTRUCT $AID LINE. Q. .;.BUYCi1,,AGREEB THAT IT'M146 PROVIDE, SY.PROPER INSTRUMENT) A ROAD RIGHT,.OF WAY EA$ENENT ACROSS A.TRACT OF LAND OELONGING T0,TH6 NAVIGATION DISTRICT LOCATED;RORTH OF SHELLRGAD-AND'IIOIEDIATELY AD.JACENTi :01i-,THAICAST ODE, IRA TRACT OF LAND'BELONGIH0 -TO 5E1.1.401, THE ,LOCATION" OF-SAID TRACTS 831110 WELL'KNOVN TD HOTU PARTIES. ,THE ROAD'R1GHT „OF WAY:: EASEIIEHT 5HAL4 DE 64. FEET IN WIDTH ANb 5NALL BE LOCATED ON THE NORTH 3103+ OF THE illmoURt.TacIFi6 RIGHT OF VAY WHICH E3TEI:DS, ACROSS THE ABOVE..HENT10*ED TRACTS OF LAND, _AND SAID FIGHT OF WAY TO 33 PARALLEL AND,.ADJACENT;10 //AID MIASOURI- QAG.IFIC RIGHT- OF WAY. JIM RDAD RIGHT OF WAY SHALE EXTEND F*0s THE EAST PROPERTY - LINE'' Of THE TRACT euuosats4 TO SELLER; EASTWAIO YO A 'POINT. WHERE SAID 40A0 RIONT' OP WAY'W /LL INTER" SECT'WATH THE .RIGHT,OF WAY' THE PREQENTLY.PLANNED ROAD FRON "THE TULE -. • LsHCE HIGH LiF7 BRIDGE TQ SHELL ROAD. 1T,AS 'AGREED_DY'ARD,OETWEEN'THE PARTIES,, HOWEVER,` THAT THE ROAD RIGHT OF WAY AGREED TO DE PROVIDED HERC1N MAY UE.LOCATEQ S4 THAT I7IUTERSECTS THE AJORSAID APPROACH•ROAD TO THE TULE LAKE (3RIOQE AT A POINT AND IN SUCH A M*NNER.•TIIAT 1'HE 3410 ROAD RIGHT OF °WAY TILL RIOT CROSS THE 'RAILROAD- TRACES; 'PLANNED. TO 0E r c CONSTRUCTED ACROSS SAID BRIDGE 4* PART L.LOF THE SAVAGE LANE'RAILR0A0 LINE PROJECT. TRIO- SHALL 0E A NOH'EZCLURIVE EASEMENT, SAID ROAD RIGHT - OF . WAY PROVIDED BY NUYER 3HALL'A150 PROVIDE THAT, IN THE EVENT :A NEW APPROACH • RDAD :14 CONSTRUCTED T4 THETULEtAKE''BRIO*E AND OVERPA3SIN0 THE ROAD. RIGHT OF WAY DESCRIGEO HEREIN,* THE SELLER SHALL RE- pROV1DlQ ADDIT,IDRAL 1165117 OF WAYS'IF RECE33ARY,.; -70 CONNECT THE ADOYE DEStRIBED,,ROAS RIGHT OF NAY WITH.A11 ACCESS *DAD, :0)76110 ACCESS-TO SAID NEW 0R FUTURE ORIDOE APPROACH ROAD*, 3." OUTER FURTHER AORRER 70 Pm0YlD 57,PROPER INSTRUMENT.,., OR DY OEDICAT'ION A 60' PUBLIC ROAD RA0N7 OF WAY FRON'HIOHWAY' No. 9, TO'SELLERIS TRACT OF LAND LOCATED TO THE WEST OF THE 410HT OF WAY DE4CRI5ED I11 PARcEL.;1 A110VE0 'KNOW9 AS 9ELLER'r WEST RENAINlHG t1*07; 11 TO DE, LOCATED 00':PROPERTY NOW RELOH01N0 TO G.W. - HATCH; SAID,RIGNT OF WAY WILL. GE 1.0CATED SO AS TO ALLOW ACCESS 41170.iwg RAMP OFF NEW . Y, HIOMWAY NO. 9 ON TO tilt NORTH ACCESS ROAD PARALLELINQ HIORNAY N0. 9, 0R HAT DE LOCATED P1111THER,EAST ON 11490, 'ACCESS OR FRG$TAOE ROAD, OUT: $0 THAT THE EAST LANE OF SAf0 O' ROADWAY. SHALL HOT SE' NEARER THAN 2034 FEET 11-* 711E•WES? cooc'OF::THe SAVAGE. LANE RAILROAD RIGHT OF WAY.'- Sp /Ez.AGREE,$: TO USE ITS POSTER OF EMINENT DONAIN* 1F NECESSARY,.`70 ACQUIRE "AID ROAD RIGHT OF NAT.., #F• 'BUYER OATNER 'ARREES TO GRANT THE RIc1HT TO SELLER, OR MACES THAT SELLER NAT RETAIN THE -- R10HT, 70 CROSS THE PROPERTY OE3C51DE0 • • IN PARCEL 1 ABOSIE, 111TH A RAILROAD BRIDO ANQ A.- VEHICULAR 8RIDGF CROSSING, BOTH,TO 4E,'CQNSTRUCTCU AT. SUCH TI11£ OR -TIMES AND AT SUCH P4AC£i00 PLA CES ALONO:TNF 4ENOTH OF'THE SAVA9F LANE- ,:4iAILROAD INE AA SILlE4 NAY ELECT; TOE ::0iILROAD AND VEHICULAR CRDSSINOS NAT Bt 00 ETTNCR ONE DRIDOE, 0R THE' 'RAILROAD CROS @111G'MAK.SE ON 4NE BRING AND 7RE'VEHtCULAR CR050140 ON,ANOTHER, MARINO A TOTAL OF Tw0 BRIDGES, AS DESIRED 37 SELLeR;PHOVIGED, HOWEVER, THAT SAIA.CROsSING8 SHALL 0E-4441'0,414 F,NPEHBC TO,BU750 400,.THAT 70C 'RAILROAD A0D VEHICULAR,` 0400,004;4n.144 BE DES *011£0, ,CCNSTRUCT£D AND'LOi A7ED IN A 1IANNER g0'. AS NOT TQ: AT£RFERE' VITH THE 1,11E OF THE :RAIL LINE OF tag SAVAGE i.A11E RAILROAD LIRE TO GE CONSTRUCTED OH PARCEL 1 ABOVE. SAID'BRIDOE STRUCTURES .- 014I.1.1)5 0011STRUCTSp -47.0R ADEQUATE SAFETY PRECAUT100S--A110 WITH NINIMUN' 'CLEARANCE ACCORDING.30iTATU70RY RC QUJItEMENTB,AIID.PLA3 CDR MUCH VIL1 BE SUONZTTEDIQR EXAMINATION AUTHORITY, CMARGED;0I7F .SAVAQC LANE'':.' RAILROAD PROJECT. 5n' 'SEI.LSR 'HEREBY AQREE8 FOR AND AS PART OF 1115 AOOYE SET" OUT CONS, }5EA*T10N AR .1OLL0WS,,,- .TO -W1/1 T4AT,SELLEN;'01LL,GRAHT AND DEDICATE 70 THE PUBLIC ROAD RIGHT OF 0140`EA8£NEN7B 0454 AND ACR059 $TS TRACT DF 4AND bO$tosoED HEREI_NABOYE A3 SELLER!3 WElT'REMAINIH5 TRAGT,°101E0 AND IN TILE FYENT:' °'�' SEL'4.ER_ PLATO AND /OR SUBDIVIDED SAJD TRACT,' SUC11 BTREF,T 5£951151 +T TO 05 60 !..AID-OUT AS THAT tT MILL "CbNNECT VITN-TNt 60! ROAD RIGHT or WAY PROVIDED 07 EUYCR F11011 HIGHWAY WD. 9, TO 3AtpTRACT,,:AN0'SD THAT THERE 101,L 7t A 0001541. EXT51810N,Or-SAID ROAD RIGHT R6. WAY FROM, HIGHWAY 1111 9 00E0 SELLER'e:WSST,.(iENADHIN0 TH..CT; PA4VIOth, HOWEVER, THAT IT It SPECIFICALLY (NDER9700D}THAT,SELLER SHALL 8E; UNDER 110 DUTY TO PLAT AND /0R, SUBDIVIDE SAID LAND OR TO DEDICATE SAID STREET, AND THAT 7HIS`PR4YI5I011 S11AIJ.. 'IN 140'NANNER, H£,CON'TRUF8 As..AR-INTENTION OR.' THE PART AF SELLER TO -$D 0.47: ANDjoo 5U0011.1DE,DA10.I:A1ID. 17 1S -' DNTHER AGREED AND 000cP01000 THAT THI3 RFOUI0EII£NT SHALL NOT constitute a covenant running with the land, but in the event that Seller subdivides said land it Is agreed that said road right of way will be provided and dedicated at no cost to the City or to the public. 6. Both Seller and Buyer, for and as part of the above stated consideration, and for additional consideration the mutual promise and agreement of each party, agree as follows, to -wit: (1) That Seller shall provide, at the expense of Buyer, for the benefit of Buyer, a title Insurance policy, which shall fully insure and indemnify Buyer against title defects or adverse claims thereto, to be issued by a repo- table title insurance company, to be delivered to Buyer on the date of closing of this contract, covering the title to the lands to be conveyed by Seiler to Buyer, with the follow- ing exceptions: (a) That such title insurance policy shall be subject to all existing valid pipeline and utility easements over, upon and across said land and In this connection, outstand- ing pipeline and utility easements shall not be held to constitute objections to title within the meaning of this contract. (b) That Buyer, its successors and assigns will not, itself, or by the execution of any oil, gas or mineral lease, undertake or permit operations to be conducted, for the exploration of oil, gas and other minerals on the land agreed to be conveyed by Seller to Buyer. (c) That such conveyance shall be subject to the terms and provisions of that certain agreement dated August 20, 1947, entered into between Thomas Whelan, et al, and Nueces County Navigation. District No. 1, which is of -8- record'in Volume 378, Pages 267,.et seq.., of the Deed Re- cords of Nueces County, Texas,, to which reference is hereby made•for all purposes, affecting that portion of said land herenabove described as Parcel 2. (2) Upon the securing ofrthe'titie insurance policy Provided for hereinabove, Seller agrees.to deliver'to.Bayer a good and'sufficient generalwarranty deed, pursuant to the 'prgvlsiens'delineated In Article 1292 of the Revisedelvi1 Statutes of Texas, subject to the reservatlone described in sub - paragraph (1) above, and with the reservation therein contained, reservingthc privilege and.right to Construct a railroad bridge crossing and a vehicular bridge crossing over and across the savage Lane railroad right'of way,., at which time, Buyer shall cause the title "company.to pay over.the full cash consideration hereinabove- provided and.to deliver to Seller the easements and evidences of dedication of the 6©1 road right of way, off Highway Mb. '9 into Seller's !lest . remaining tract.; (3) A13 taxes up to and including.the' year -1958 are to be paid by Seiler and, in the event this transaction is not closed until 1960, Seller agrees to pay all taxes up to and including the.year 1959. All current taxes levied for the year in which this transaction 1s closed' are to be pro- rated between the Buyer and'the Seiler from and after. the date of closing, taking:lnto consideration the number of months .remaining In the -year in which closed and taking: into cons!- deration the amount-of land purchased_by Buyer hereunder. (4) 'Buyer•hereby agrees to accept title 'subject to all restrictive covenants and use restrictions of record any and all City zoning and regulatory ordinances, if any, applicable to said property, and subject to the title limi- tations hereinabave stated in sub - paragraph (1) above. tgts ol,TC • v *0 t14E 1 * cu v ru NEREo 1 Bureau; rtd 0tP0srt D VITN TI I T6£ INiU ANCE 0* TITLC VAIUNTY; 1i0!iPANI' Al ` KCN7lOito eEIO+ri TNt;su11 or %,, oo 00 To it APPI' " ►ED �1 TyC Css'�x P�rtttitA$E PRIC£p s8 Ae0Y1 SItT "ouTj VHCN T1lti•TRAxsAGtIOH is ti;dsCllr V #CM `'THC OEC f .; 1p ALt OTMER a *01.1 ARY' INBTN1$I N1 ARE EXOCU1Eb1 £L D P4AClti1 IN TEC .*ds4ES9.i i QP THi 1IT1 lxauaaNCE co$P4NII bA ItflC bpA1AI TT C0MPa fl 041.1 T1 $ YRAMSAiCTlOU, $Al6 T$Tt:f CGsPA *tl 0-- . „3 CLosf= Th 1'aaraAeT1QJt *11 cro ANSE vlvw � s ;usu L ��i� cus�c l F - sEOU110lw ALL 7rTrs Cni7�rr,riND;C.D3lHa; Cd37vs oP 1 :*11ANJ4cT:l,il * *LL` BC xT T11R ERPENlC :04 4444:4 ",1$ IIIE EVENT 9ELLESt FA14%+x iQ 7E4rlydR DCEl3 ClOpVEY1NG, Z<AID P*QPERTY;;I$ ACCOiIbAHCC WITH THE URNS OF: TN1i'Y CQNTAIi¢! "AND WiTHH THC T1M? PROdIDED r EA4fdy Btty$ *;MAY d[RD%IC6 try: a fdr1MAr1 c OF TH1d CON7NAGT DY' 414 ACT103r POB 3PECIF�G PERFORM* CCr 1T- ` f$ -AGREED THAT 7t1ii+ T1w 3AL CJ'dN iHA1.L 0* C 64 T41A014 TH6 GUARANTY TI1n.t AND Tirerst CaMP,�►ar, br :CoRi �'YNi11Ys, lCliASr _BUYER afiR6Ce�,.A# OF TNt;11vlTE bti F08 CROiINtfi `i11Ii 001AiT= TO 4E +00 1ii;H444 GUARANTY'.. 171.E :AMD'TNti9i CONrA8 -Y t96:'F40wiHD IIQCUMENT1 (4)' :APPHOPHIA76 CA/CMENT.,QRANT1Hq Tp SELLER THE d0' ROAD • AlrldX':or VAY Fh* 10 ,t*u A$D)is l.ni jNCQEABTf1l A3 lT qAY R!E tti6d 0 Pu*postc , AT TOE L CATION'NEIIIMABOVtS RfOV /DE04 ACRdg1 IW bi$TRICi Ptt0*nTY, CQNNEC ltda, -1tITN R0ti0 QR ROADs t.E; /trite -+ 7F1,:, Yr4r TUI.E: tit E L4iT t A APP pitA7t EP,BYMt $7,, G19'ANT Ito T P{Rl.':10 YEAR � r AND $C►�'k0Na ?H t(4f7Eu A8 IT $A' 4t u$EQ4 iQk:UAD YItACC PtieP48EN a ; TR$ 1.cr,R 7RACI AT Tht `.QSA7ION f1EU NAGOYE PROV*DEO,'6Fi TMC'MI *sa RJ 1:ACIfi>r MAIN L1NE T0.'SSLi ER's HEBT kfilAlkiil4 AT YH[."OiNT NEREINADQYF" PROYltED AND PE9IGElAT64a <'' OtiDICsa*tei NPPAdpR *AT6.CR0iNANCfi! AMO-CUMEN'i ' ti0WI'4441411i-tom AND': 6 41.0A4. BIc1 T OF Srar Cirr •tj,QlipAi 1E110 $6,d*nS WEST �tEN11NINQ ft1ACT�. located as hereinabove provided. ' (d) Appropriate Instrument granting to Seller the right, if required by Seller, to construct railroad bridge and vehicular bridge across Savage Lane railroad line at such time or times, in such plate or places, and in such manner as hereinabove provided. If, at date of closing, Seller 'ahauld,fully perform its'obligetions hereunder,'but. Buyer be'unabie to fully tom- 'ply with its obligations hereunder, the 1'itle'Company shall, nevertheless, pay over the full cash consideration of. $207,500..00 to Seller, and deliver to Seller such of the aforesaid easements and documents as Buyer shall then be in position to :deliver, end shall - deliver to.guyer deed from Seiler to Buyer• ;'and Seiler shall haveits'rlght of 'action against'Suyer to'require specific performance in connection with those'matters which Buyer, at :such time, may be unable to meet, 'or "for its damages, or' for both specific perform- ance and damages, for Buyer +s failure to fully comply with this Contract, as of the date set for closing the same. (6) it is understood by all parties hereto that this transaction is to be closed through the'above mentioned title'compary sixty (60) days from the date hereof, unless sooner closed by mutual agreement of the parties'. 7. Seller further agrees, for and in consideration of the sum of Ten Dollars ($10.00) and in consideration of the mutual covenants contained in this contract, the receipt and sufficiency of which are hereby acknowledged and confessed, to permit Buyer, its agents, assigns end /or employees, to enter on the land herein agreed to be conveyed from and after the date of the execution hereof and the deposit of the above stated cash consideration with'the Guaranty Title and Trust Company, for construction purposes'in connection with the'Savage Lane railroad line, the removal of dirt cad aatsrial and all ether and further Mess of construction as set est in the plans for the said Savoys Lan, r*Iroad line, the construction protect known as the Savage Lane railroad lino being well within the knowledge of both partlos hereto, EXECUTED IN TRIPLICATE, either of Which 'hall Coasti tote an original, on this the day of 19 . ATTESTl J. R. NElilJJllEZ.S, TRUSTEE, SELLER CITY OF MIMS CHRISTI, TEXAS, BUYER BY City Secretary City l gsr APPROVED AS TO LEGAL P©RN, this the dsy of .. 19.__.. City Attorney >tfeeator ek Finance UE , the c rs,19ned author !ty, a Noterar;PublIc� n #. for' sod' C tea t .thid day gdrsora!ly'appear- .1. rRr Hi0:%derro1a1 ustee , 'tom: o,be, the perdue 4+ a i9 aubtettl ed ;to. the ,.,t4�r'e$hlng ` , . the' , dck« • nowlvdged to ne that ar°exdcuted th@ lar thc' Wises ee�d consideration therein esprc$ =ed In tot capdclty t rd a met ' fertih: . °, . STATE AS a 1A end;_ tor.sa County d �, on thtd day personally appear - ed tart Tr. Whltnty, C1ty ?iana sr' th. Cl_ty at: rpu#•' Chr14l, T ey kkrr to ! '. Lo ;be a pornoil, end OM** ti ►case ... 4d u scrl ed to t# ` -f negoilrt$ 1nstrtu ant, dad a lerlg s - he# xeo ed t or ihd pt dbdes End rRdhstcll�el�- tlon 'therdlrl 40014604.i.;: thhd hdt 'd the: #ty o1• Csrp t lgtl: dr a ,and �d tild City aayo�r !! `� GZ UNDE gam, 0 r thld df 11- I 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 to the credit of No. _ _-O �l _._�!-s 9 _ _ __ Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. CORPUS CHRISTI, XAS (g.. DAY OF •ip , 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 MAYOR THE CI CORPUS C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES 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 VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART;` JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.