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Home My WebLink About16707 ORD - 11/18/1981RWC:jkh:11-5-81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AND MUTUAL DISCLAIMER WITH THE OWNER OF BLOCKS A AND B, BAYVIEW ADDITION, FOR THE PURPOSE OF QUIETING TITLE TO SAID LAND AND TO CERTAIN SUBMERGED LANDS OWNED AND CLAIMED BY THE CITY OF CORPUS CHRISTI LYING EASTERLY OF SAID BLOCKS A AND B, BAYVIEW ADDITION, A COPY OF SUCH DISCLAIMER BEING ATTACHED HERETO AND MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. WHEREAS, the construction of the City's Bayfront Improvement project, under a patent of certain submerged lands in Corpus Christi Bay from the State of Texas to the City of Corpus Christi, resulted in a con- flict of claims between the City and various waterfront property owners along Corpus Christi Bay; and WHEREAS, the City adopted a policy to compromise and adjust such disputes, and to fix the boundary lines between the area patented to the City of Corpus Christi by the State of Texas, thereby quieting title to such area patented to the City and those bayfront properties along the shoreline of Corpus Christi Bay: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a joint and mutual disclaimer with the owner of Blocks A and B, Bayview Addition, for the purpose of quieting title to said land and to cer- tain submerged lands owned and claimed by the City of Corpus Christi lying easterly of said Blocks A and B, Bayview Addition, all as more fully set forth in the said disclaimer, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for preserving public property and quieting title to the lands as afore- said by executing the joint and mutual disclaimer with the owner of the above described property, such finding of an emergency is made and declared requiring suspension of theCharter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is 16707 .SEP Z 81984 *MOB LM ED passed and shall take effect upon first reading as an emergency measure this the ( day of November, 1981. ATTEST: City7Secretary MAYOR THE CITY MED: 211: -DAY OF NOVEMBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY CORPUS CHRISTI, TEXAS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Whereas, following the implementation of the Bayfront Improvement Project for the construction of the seawall along the Corpus Christi bayfront, various disputes arose between the City of Corpus Christi and property owners owning property to the shore of Corpus Christi Bay; and Whereas, such disputes arose by virtue of a conflict between the asserted property rights of such citizens and the claim of the City, under and by virtue of a patent from the State of Texas to certain submerged land in Corpus Christi Bay; and Whereas, it has been the desire of the City Council and the adopted policy has been to compromise and adjust such disputes, and to fix the boun- dary lines between the area patented to the City of Corpus Christi by the State of Texas, and the rights and claims of said property owners along the shoreline of Corpus Christi Bay, and thereby adjusting and quieting title to the patented area belonging to the City of Corpus Christi on which the Bayfront Improvement Project has been constructed, including the seawall and appurtenant structures; and Whereas, it is the purpose of this agreement and disclaimer to clear title and release any claim or claims by the parties hereto relating to the land described herein. Now, therefore, for and in consideration of the exchange of mutual covenants and conditions herein contained to be kept and performed by the parties hereto, each of which is considered to be a valuable consideration; 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 those parcels, lots or blocks of land adjoining and contiguous to the west line of Shoreline Boulevard, the north line of Buford Street, and the east line of Water Street, heretofore platted as Blocks A and B, Bayview Addition, as shown by survey of said subdivision dated August 7, 1981, a copy of which is attached hereto and made a part hereof and marked "Exhibit A". X,'79 That the undersigned owner of Blocks A and B, Bayview Addition, a subdivision of the City of Corpus Christi, as shown by Map or plat thereof recorded in Volume A, Page 24, of the Map Records, Nueces County, Texas, does hereby quitclaim, release and abandon to the City of Corpus Christi all right, title and interest in and to that parcel of land and the alluvian and accretion and all other littoral and/or riparian rights appurtenant to such parcel of land as bounded by the extensions of the north and south property lines described in said plat of Bayview Addition, running in an easterly direction over the submerged lands of Corpus Christi Bay and lying easterly of the west line of Shoreline Boulevard. In Witness Whereof, we have hereunto set our hands the day of , 1981. ATTEST: City Secretary CITY OF CORPUS CHRISTI By: Ernest M. Briones, Acting City Manager APPROVED: 2- DAY OF-7,c-5-,,teudjA_ , 1981: J. BRUCE AYCOCK, CITY ATTORNEY OWNER: THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ERNEST M. BRIONES, Acting City Manager of the City of Corpus Christi, a municipal corporation, 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, 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 , 1981. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared JAMES S. KING, 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 capacity therein stated. GIVEN under my hand and seal of office on this the /O 'day of /VOUEIK/3Ze , 1981. t•ry Public in and for eces County, Texas a y,✓ C. Aukvc,' t + • COUNTY' Nueces VOLUME A PAGE '4=54'e4 DATE //-6- Found o/d fro// fivck� g 1. Ties ore /ra/r/pvper//i / „, n/cr,7d1 s , /,a2 Z M'errsur<w,er,/s a//Abase are rcrr//t17 word. 5.. 0,0/;7i;:,,, as /o owrser,-sh,,o of`on/ errs/,i3 ,aerirre/er fence's .shown hereon ,s ba.fedorr F v arro'tb,7/yrr777a/' cows/rac ..7 WATER STREET Faund /V5'0346'114//95.03' Found 12/•47' 0.28/ Acres efawn'-5/E/.R. N. 5°0346"W. �` /229BF � O..558 Acres �0 p tre ti ti «1 ?( A S Fexin I R. l •• 3 Sy o��tiF HAROLD K. SHEARER 254I •';n: fi We trov2t made a'survey on the Q'o(e a orrd 1 cb hereby certify that this plan at true and carrel and Phot thew are no eacroochmento A ovnd /'/.G. SURVEY OF L0/5 Ay vew Addfon and The Sou/kern Portion of) Lo f 8 eay L,tC; 8-7-8/ • `14' 1/• Terrace Add fib,, 5ca/e; /'-20' Corpus Christi, Texas g day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR HE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16707