HomeMy WebLinkAbout12156 ORD - 07/03/1974• JRR:vmr:7-1 -74; 1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEED OF
DEDICATION FOR THE PRIVATE LOS AMIGOS PARK DESIGNATED
AS PARCEL NO. 16 OF THE BAYFRONT OPEN SPACE PARKSITE,
PROJECT NO. 291 -70 -8, FROM THE GRANTORS, RICHARD M.
KLEBERG, JR., ET AL; APPROPRIATING OUT OF THE NO. 291
PARK BOND FUND THE SUM OF $812.87 FOR CONSIDERATION
FOR THE DEDICATION DEED; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to accept, for and on behalf of the City of Corpus Christi, the deed of
dedication for the private Los Amigos Park, designated as Parcel No. 16
of the Bayfront Open Space Parksite, Project No. 291 -70 -8, from the
Grantors, Richard M. Kleberg, Jr., et al, all as more fully set forth in.
the contract and deed of dedication, a copy of which is attached hereto
and made a part hereof, marked Exhibit 'W'.
SECTION 2. There is hereby appropriated out of the No. 291 Park
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Bond Fund the sum of $812.87 as part of the consideration for the dedication
deed.
SECTION 3. The necessity to authorize acceptance of the aforesaid
contract and deed of dedication and to appropriate the sums hereinabove
described in order that the City may take possession of the parcel for the
Bayfront Open Space Parksite project creates a public emergency and an impera-
tive public necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date of its introduc-
tion but that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared that such public
emergency and necessity exist, and having requested that such Charter rule
be suspended and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the "4 day of July, 1974.
ATTEST:
idle
AS$i t- '6'tary M&IORI
CITY OF CORPUS CHRISTI, TEXAS
APPSVED :
DAY OF JULY, 1974:
10�fAd i ThA,
EXEC. ASST. City Attorney
12t56
THE STATE OF TEXAS D
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THAT WE, Richard M. Kleberg, Jr., John C. North, Jr., J. Patrick McGloin and
M. Harvey Weil, Trustees (hereinafter called "Grantors ") for and in consideration
of $812.87 the convenants of Grantee hereinafter made, have GIVEN, GRANTED AND
CONVEYED,and do by these presents GIVE, GRANT AND CONVEY, unto the City of Corpus
Christi, Texas (hereinafter called "Grantee "), except as hereinafter noted, all
the following described tracts and parcels of land situated in Corpus Christi,
Nueces County, Texas, to -wit:
TRACT A
Beginning at a point on the margin of Corpus Christi Bay at
a Cedar Post marked VI the North corner of a 5 acre tract
and the eastern corner of this tract,
Thence with the Southeastern line of this tract which is also the
Southeastern line of a tract owned by M. Harvey Weil out of
the Matt Dunn Tract in the original H. S. Harney one thousand
acre tract south 450 west a distance of 200 feet more or less
to the east line of Ocean Drive;
Thence with the East line of Ocean Drive North 440 29' 35" west
a distance of 110 feet, more or less, to the north line of the
Weil 5 acre tract;
Thence N. 450 East with said North line 200 feet more or less
to the margin of Corpus Christi Bay.
Thence with the meanders of Corpus Christi Bay S. 490 11' 30"
E. 81.02 feet and S. 640 28' 30" E. 28.44 feet to a Cedar Post
marked VI the Northern corner of a 5 acre tract and the Eastern
corner of this tract the place of beginning containing 0.51
acres, more or less, together with all riparian and littoral
rights.
It is the intent of this instrument to describe and to convey
of that certain tract of land conveyed by W. 0. Slattery,
Trustee, and J. W. Day to Mr. M. Harvey Weil by deed dated
September 5, 1947, and recorded in Volume 376, page 520,
Deed Records of Nueces County, Texas, all portions of such
tract which lie eastward of the road known as Ocean Drive.
TRACT B
Beginning at a point on the margin of Corpus Christi Bay at a
common corner with the Harvey Weil 5 acre tract and the John
C. North 8 acre tract both out of the W. S. Harney one
thousand acre tract in Nueces County;
Thence with the South line of the North tract and the north line
of the Weil tract S. 450 W. a distance of 200 feet, more or less,
to the East line of Ocean Drive;
Thence with the East line of Ocean Drive, N. 440 29' 35" W. 102
feet, more or less to the South line of a tract 75 feet in
width reserved by L. W. 0. Janssen out of the Northeast corner
of the North tract;
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Thence with said South line of the Janssen tract and the
North line of this tract N. 450 E. 200 feet more or less
to the margin of Corpus Christi Bay,
Thence with the meanders of Corpus Christi Bay in a south-
easterly direction 102 feet, more or less, to the place of
beginning, containing 0.47 acres more or less, together
with all riparian and littoral rights.
It is the intent of this instrument to describe and to convey
of that certain tract of land conveyed by L. W. 0. Janssen,
et ux, to John C. North, Jr. by deed dated June 29, 1946, and
recorded in Volume 356, page 100, Deed Records of Nueces
County, Texas, all portions of such tract which lie eastward
of the road known as Ocean Drive.
TRACT C
Beginning at a point marked VI on the margin of Corpus Christi
Bay which point is the Southeast corner of a 5 acre tract owned
by M. Harvey Weil and the northeast corner of a 10 acre tract
owned by Richard M. Kleberg, both out of the W. S. Harney one
thousand acre tract in Nueces County,
Thence with the South line of the Weil tract and the north line of
the Kleberg tract S. 450 W. 200 feet, more or less, to the East
line of Ocean Drive,
Thence with the east line of Ocean Drive S. 440 29' 35" E. 215
feet, more or less, to the south line of the Kleberg 10 acre
tract.
Thence with the South line of said tract N. 450 E. 200 feet, more
or less, to the margin of Corpus Christi Bay,
Thence with the meanders of Corpus Christi Bay in a Northwesterly
direction to the place of beginning, containing 0.99 acres,
more or less, together with all riparian and littoral rights.
It is the intent of this instrument to describe and to convey
of those certain tracts of land conveyed by DeWitt Reed to
R. M. Kleberg by deed dated April 6, 1926, and recorded in
Volume 182, page 487, Deed Records and by Mary Allen Sparks to
Richard Kleberg by deed dated April 7, 1926, and recorded in
Volume 1839 page 133, Deed Records of Nueces County, Texas, all
portions of such tracts which lie eastward of the road known as
Ocean Drive.
The said tracts A, B and C being those tracts conveyed by Richard
M. Kleberg, et al to Richard M. Kleberg, Richard M. Kleberg, Jr.,
M. Harvey Weil, and John C. North, Jr., Trustees, by deed and
Declaration of Trust dated October 6, 1948, of recorded in Volume
412, pages 41 -50, Deed Records, Nueces County, Texas.
TO HAVE AND TO HOLD the above described lands, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the said
Grantee, its successors and assigns, for open space purposes, subject to the
conditions hereinafter set out, and only for so long as the said lands are used for
such purposes. Grantee shall have the right to construct a seawall and such other
structures as may be desired to prevent erosion; to grade, fill or dig away and
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remove such portions of the land as may be desirable to prevent erosion and for
landscaping purposes; and to install such piping and water connections and fittings
and to do such planting of grasses, shrubs, flowers, and trees as may be desired for
landscaping purposes, to construct pedestrian walkways or bicycle paths, and to
do such other acts necessary to maintain and develop an open space area, but it
is a condition of this conveyance that at no time shall there be erected or used
on the above described land any structure which will obstruct the view of Corpus
Christi Bay which now exists for an adult of average height standing at any point
along the southwesterly right of way line of Ocean Drive directly across the street
from the said land and that the said land will not be used for parking of vehicles
or for outdoor cooking facilities, or picnic tables. Grantee agrees to discourage
parking along Ocean Drive at this location to the end that parked cars will not
interfere with the sight line mentioned above from the southwesterly right of way
line of Ocean Drive or obstruct the view of said land as a landscaped area or of
the open waters of the Bay by members of the public using Ocean Drive and the side-
walks along Ocean Drive.
It is agreed that if Grantee does not commence landscaping and use of
the land herein conveyed for the purposes of this grant within a period of five (5)
years from the date of this conveyance, or if at any time Grantee shall be in
violation of any of the conditions which are herein set out and remain in violation
thereof after the expiration of ninety (9o) days from receipt of notice in writing
of such violation from Grantors or their successors or assigns, then in either of
such events the rights of Grantee hereunder shall automatically cease and terminate.
The preliminary development which the City has under contract at this time with
Asphalt Paving Co. for grading bikeways, seeding etc., will be sufficient to satisfy
the above requirement by Grantor. Upon either of such terminations, or upon the
cessation of the use of said land for open space purposes, the land herein conveyed
shall revert to Grantors, and their successors, to be held by them in trust subject
to the provisions of that certain Declaration of Trust dated October 6, 1948, of
record in Volume 412, pages 41 -50, Deed Records, Meces County, Texas, the same for
all intents and purposes as if this conveyance had never been made.
This conveyance is subject to all easements of record affecting such
lands. The lien for Ocean Drive improvements, will be paid by Grantor, and dis-
charged by Grantee.
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There is excepted from this conveyance and reserved to Grantors,
their successors and assigns, all oil, gas and other minerals in and under the
above described land, without right of entry on the surface for any purpose in
connection therewith, the right of use of the surface of said land for all
purposes relating to the exploration, development and production of oil, gas
and other minerals being waived by Grantors.
EXECUTED this day of , 1974.
Richard M. Kleberg, Jr.
Trustee
John C. North, Jr.
Trustee
J. Patrick McGloin
M. Harvey Weil
THE STATE OF TEXAS
COUNTY OF KLBGERG
Trustee
Trustee
BEFORE ME, the undersigned authority, on this day personally
appeared RICHARD M. KLEBERG, JR., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, and in the capa-
city therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of , 1974.
Notary Public, Kleberg County, Texas
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THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
JOHN C. NORTH, JR., known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of , 1974.
Notary Public, Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES �{
BEFORE ME, the undersigned authority, on this day personally appeared
J. PATRICK MCGLOIN, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of , 1974.
Notary Public, Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
M. HARVEY WEIL, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of , 1974.
Notary Public, Nueces County, Texas
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CITY OF CORPUS CBRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 27, 1974
I certify to the City Council that $ 812.87 , the amount required
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for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 291 Park Bond Fund
Project No.
.291 -70 -8
Project Name Bayfront Open Space ha isTso/7
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
al.Aj, 73 , 191 74
�Yje-f-t& o
Director of Financ
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Corpus Christi, Texas
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`�day of , 19,�
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement 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 meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark