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HomeMy WebLinkAbout18385 ORD - 08/07/1984AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED—TO THE PORT AUTHORITY OF CORPUS CHRISTI, A 25.58 ACRE TRACT OF LAND NEAR CARBON PLANT ROAD NORTH OF THE WESTSIDE SANITARY LANDFILL; 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 to convey by special warranty deed to the Port Authority of Corpus Christi a 25.58 acre tract of land near Carbon Plant Road north of the Westside Sanitary Landfill in the City of Corpus Christi, Nueces County, Texas, all as more fully set forth in the special warranty deed, 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 the efficient and effective administration of City affairs by authorizing the abovementioned special warranty deed at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 7th day of August, 1984. ATTEST: Ci Se ar ' 4 MAYOR THE CITY CORPUS CHRISTI, TEXAS APPRO ED: 7 DAY OF AUGUST, 1984: J. BRUCE AYCOCK, CITY ATTORNEY 18385 SEP 2 81984 ItiagiLMED THE STATE OF TEXAS § COUNTY OF NUECES § SPECIAL WARRANTY DEED KNOW ALL BY THESE PRESENTS: WHEREAS, the City of Corpus Christi, hereinafter called, "Grantor", for and in consideration of the sum of THIRTY-EIGHT THOUSAND, FIVE HUNDRED AND N0/100 DOLLARS (538,500.00) to Grantor in hand paid by the Port of Corpus Christi Authority, hereinafter called, "Port Authority", the receipt of which is hereby acknowledged and for which no lien is retained, either expressed or implied, has this day sold and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto the said Port of Corpus Christi Authority all that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows, to -wit: Being a 25.578 acre tract of land out of that certain 74.6 acre tract of land conveyed by Arthur E. Spohn to Marion Hearn by deed dated July 2, 1907 and recorded in Vol. 29, Page 231, Deed Records of Nueces County, Texas; said 25.578 acre tract being the same tract of land described by deed dated December 16, 1937, and recorded in Vol. 235, Page 485, Deed Records of Nueces County, Texas, said 25.578 acre tract being out of Section 420, D. Martinez Abstract 857, Nueces County, Texas, and more particularly described by metes and bounds as follows, to -wit: BEGINNING at a post in the S.E. corner of said 74.6 acre tract; THENCE, N. 0° 02' 40" E. with the East line of said 74.6 acre tract, a distance of 360.0 feet to a point; THENCE, N. 89° 49' W. a distance of 360.0 feet to a point, the S.E. Corner and beginning place of the tract herein described; THENCE, continuing N. 89° 49' W. with a line that is parallel to and 360.0 feet North of the South line of said 74.6 acre tract, a distance of 1557.53 feet to a point the S.W. corner of the tract herein described; THENCE, N. 9° 29' E. with a line that parallel to and 353.98 feet E. of the West line of said 74.6 acre tract, a distance of 754.88 feet to a point, the N.W. corner of the tract herein described; THENCE, S 89° 49' E. with a line that is parallel to and 360.23 feet South of the North line of said 74.6 acre tract, a distance of 1433.73 feet to a point, the N.E. corner of the tract herein described; THENCE, S. 0° 02' 40" W. with a line that is parallel to and 360.0 feet W. of the East line of said 74.6 acre tract, a distance of 744.96 feet TO THE PLACE OF BEGINNING, containing 25.578 acres of land, more or less. The conveyance is made and accepted subject to the above described land being used for the disposal of spoil dredged from the ship channel, including initial use as a borrow source for levee construction and later for refilling with dredged material, and for no other purposes for a period of 20 years. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said Port Authority, its successors and assigns forever and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. IN WITNESS WHEREOF, this instrument is executed on this the day of August, 1984. ATTEST: City Secretary I?gOVED: YY DAY OF AUGUST, 1984 J. BRUCE AYCOCK, CITY ATTORNEY THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI, TEXAS Edward A. Martin, City Manager D.'%(• /X'3 . AUTHORIZEL BY COUNCILS=Z SEARY BEFORE ME, the undersigned authority, on this day personally appeared EDWARD A. MARTIN, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, 1984. ADDRESS OF GRANTOR: City of Corpus Christi 302 S. Shoreline P. 0. Box 9277 Corpus Christi, Texas 78469 Notary Public Nueces County, Texas My Commission expires: Corpus Christi, Texas 7 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198 T 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, Respectfully, Council Members / MAYOR THE CI' OF CORPUS CHRISTI, TEXAS The above ordinance was passed by t e following vote: Luther Jones ' .—, Betty N. Turner ' David Berlanga, Sr. t Welder Brown !! Leo Guerrero /' 9 Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18385