HomeMy WebLinkAbout15603 ORD - 06/18/1980• jkh:6-18-80;1st
TEXAS:
AN ORDINANCE
•
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE OWNER OF LOT 11, BLOCK 2, WATER BEACH,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, SAID OWNER BEING FARRELL D. SMITH, INDEPENDENT
EXECUTOR OF THE ESTATES OF A. T. McMURRY AND MARY LOUISE
SMITH McMURRY, DECEASED, FOR EXCHANGE OF DISCLAIMERS FOR
THE PURPOSE OF CLEARING TITLE TO THE WEST 20 FEET AND
EAST 30 FEET OF SAID LOT, A SUBSTANTIAL COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be authorized to execute an
agreement with the owner of Lot 11, Block 2, Water
City of Corpus Christi, Nueces County, Texas, said
Smith, Independent Executor of the Estates of A.T.
Beach, situated in the
owner being Farrell D.
McMurry and Mary Louise
Smith McMurry, Deceased, for exchange of disclaimers for the purpose of
clearing title to the west 20 feet and the east 30 feet of said lot, all
as more fully set forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize the aforesaid execution of
agreement at the earliest practicable date 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 intro-
duction but that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor, having declared that such
emergency and necessity exist, and having requested the suspension of the
Charter rule 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 /® day of June, 1980.
ATTEST:
APPROVED:
J. BRUCE
By
Assistant City
/ 9 .?o
ney
MAY°i
HE OF CORPUS CHRISTI, TEXAS
15603
MICROFILMEA,
AUG 2 919oc
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, on March 26, 1942, C. J. Childers deeded to F. J. Smith
property known as Lot 11, Block 2, Water Beach, Corpus Christi, Nueces County,
Texas, and this property being warranted to be 50' x 150' at such time. A
question has arisen whether Lot 11 is 120' or 150' in depth as well as a question
of a 20 foot alley purportedly dedicated to the public West of subject property
lying between Lot 11 and Lot 2, Block 2, Water Beach.
WHEREAS, the purpose of this agreement is to clear title to the. east 30'
of Lot 11, and to establish the ownership of the 20 foot public alley mentioned
above between the City of Corpus Christi and the present owner of Lot 11.
NOW, THEREFORE, for and in consideration of the exchange of mutual cove-
nants and conditions herein contained to be kept and performed by the parties hereto,
it is hereby covenanted and agreed as follows:
That the City of Corpus Christi hereby quitclaims, releases and abandons
all right, title and interest it may have in and to the east thirty (30') feet of
Lot Eleven (11), Block Two (2), Water Beach as shown by map or plat thereof as
recorded in Volume 9, Page 38-41, Map Records, Nueces County, Texas; and
That the undersigned owners of Lot Eleven (11), Block Two (2), Water
Beach, as shown by map or plat thereof as recorded in Volume 9, Page 38-41, Map
Records, Nueces County, Texas, hereby quitclaim, release and abandon to the City
of Corpus Christi all right, title and interest in and to that one certain twenty
foot (20') strip of land shown as an alley, being the west 20' of said Lot 11, on
said plat described herein.
IN WITNESS WHEREOF, we have hereunto set our hands this day of
, 1980.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF
, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
R. Marvin Townsend, City anager
OWNER
Farrell Dee Smith,
Independent Executor of Estate of
A. T. McMurry, Deceased, and Estate
of Mary Louise Smith McMurry, Deceased
THE STATE OF TEXAS
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, a municipal
corporation, known to me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity therein stated and
as the act and deed of said City of Corpus Christi.
GIVEN under my hand and seal of office on this the day of
1980.
Notary Public in and for eces County, Texas
THE STATE OF TEXAS §
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Farrell Dee Smith, 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 capacity therein stated.
GIVEN under my hand and seal of office on this the day of
1980.
Notary Public in and for Nueces County, exas
Corpus Christi Texas
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 suspension 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 ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
THE CI •F CORPUS CHRISTI, TEXAS
The Charter rule was suspende. by the following vote:
Luther Jones /,
Edward L. Sample 1
Dr. Jack Best
David Diaz /
Jack K. Dumphy 1„ _
Betty N. Turner 41,
Cliff Zarsky 1
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff -Zarsky
by
the
following vote:
15GQ3