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HomeMy WebLinkAbout19135 ORD - 12/31/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEED DEDICATION TO THE STATE OF TEXAS FOR A PARCEL OF LAND (STATE PARCEL 33) CONTAINING 2.01 ACRES FOR THE I.H. 37 HIGHWAY IMPROVEMENTS PROJECT; 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 execute a deed dedication to the State of Texas for a parcel of land (State Parcel 33) containing 2.01 acres for the I.H. 37 Highway Improvements Project, all as more fully set forth in the 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 of executing the abovementioned deed dedication 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 31st day of December, 1985. ATTEST: Secretrar APPROVED::;O DAY OF DECEMBER, 1985 stent City Attorney 04P.274.01 1 7/1/ MAYOR THE CITY +F CORPUS CHRISTI, TEXAS 19135 MICROFILMED 1110 to Department.of Highways Public Transportation orm D-15-12 (Partial Taking) Page 1 of 6 Rev. 7-75 Parcel No. 33 9016-12-5, CSJ 007405066 11111 I 37-1(10)014 Interstate Highway 37 DEED CONTROLLED ACCESS HIGHWAY FACILITY THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the State Highway under House Bill 179, Acts 6674w-1, et seq., Vernon's such other property rights struction, maintenance and and Public Transportation Commission has been authorized of the 55th Legislature, Regular Session, 1957 (Article Annotated Civil Statutes of Texas) to purchase land and deemed necessary for the purposes of facilitating the con - operation of Controlled Access Highways; and, WHEREAS, the purchase of the hereinafter described premises has been deemed necessary by the State Highway and Public Transportation Commission for the purposes of facili- tating the construction, maintenance and operation of a Controlled Access Highway facility; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Corpus Christi of the County of Nueces , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar and cents ($1.00 ) Dollars, to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, 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 three parts of land owned by the City of Corpus Christi, out of the Gregorio Farias Grant, Abstract No. 592, and being a part of the same lands described by deeds recorded in Volume 274, Page 48 and Volume 533, Page 4 of the Deed Records of Nueces County, Texas; said parcels of land being more particularly described by metes and bounds as follows: Part 1 From Station 811+91.90 to Station 813+51.90 (SEE REVERSE) I.H. 37 HWY IMP PROJ(1985-m) Page 1 of 4 Return to: State Dept. of Hwys. & Public Trans. P. 0. Box 9907 Corpus Christi, Texas 78469 Srm'D-15-12 (Partial Taking) ge 2 of 6 Rev. 3-62 • BEGINNING at a point on the proposed West right of way line of Interstate Highway 37 and the North right of way line of Ripple Street, from said point a South corner of the City of Corpus Christi tract, marked by an iron rod, bears N 75° 13' 34" W, 428.04 feet and said beginning point being 241.21 feet left of Engineer's Baseline Station 811+89.44; THENCE N 66° 00 22" E, a distance line of Interstate Highway 37 to a THENCE N 05° 41' 40" E, a distance line of Interstate Highway 37 to a state Highway 37; of 97.45 feet along the proposed West right of way point; of 129.55 feet along the proposed West right of way point on the existing West right of way line of Inter - THENCE S 03° 11' 11" E, a distance of 160.00 feet along the existing West right of way line of Interstate Highway 37 to a point; THENCE S 62° 06' 41" W, a distance of 54.22 feet along the existing Interstate Highway 37 cutback right of way line at Ripple Street to a point on the North line of Ripple Street; '5) THENCE N 75° 13' 34" W, a distance of 65.00 feet along the North line of Ripple Street to the point of beginning and containing an area of 0.105 of one acre of -land, more or less. Part 2 From Station 817+27.70 to Station 823+30.47 BEGINNING at a point on the proposed West right of way line of Interstate Highway 37 and the existing West right of way line of Interstate Highway 37, from said point a South corner of the City of Corpus Christi tract, marked by an iron rod, bears S 03° 11' 11" E, 535.80 feet, S 62 06' 41" W, 54.22 feet and N 750 13' 34" W, 493.04 feet; and said beginning point being 129.36 feet left of Engineer's Baseline Station 817+27.70; 1) THENCE N 010 41' 02" W, a distance of 604.69 feet along the proposed West right of way line of Interstate Highway 37 to a point on the existing West right of way line of Inter- state Highway 37; 2) THENCE S 89° 23' 16" E, a distance of 25.00 feet along the existing West right of way line of Interstate Highway 37 to a point; 3) THENCE S 00° 41' 08" W, a distance of 604.20 feet along the existing West right of way line of Interstate Highway 37 to the point of beginning and containing an area of 0.173 of one acre of land, more or less. (1) Part 3 From Station 823+32.16 to Station 841+44.42 BEGINNING at a point on the proposed West right of way line Interstate Highway 37 and the existing West right of way line of Interstate Highway 37, from said point a back corner of the City of Corpus Christi tract bears S 01° 41' 02" E, 604.69 feet, S 03° 11' 11" E, 535.80 feet, S 62° 06' 41" W, 54.22 feet and N 75° 13' 34" W, 493.04 feet; said beginning point being 112.66 feet left of Engineer's Baseline Station 823+32.16; THENCE N 07° 22' 17" W, a distance of 211.67 feet along the proposed West right of way line of Interstate Highway 37 to a point; continued Form D-15-12 (Partial Taking) Page 2A of 6 (2) THENCE N 08° 25' 42" W, a distance of 214.79 feet to a point; (3) THENCE in a Northerly direction along a curve to the right, a distance of 174.76 feet to a point; said curve having a radius of 1939.8593, a chord bearing of N 050 50' 50.89" W, and a chord distance of 174.6974 feet; (4) THENCE N 030 16' 00" W, a distance of 194.49 feet to a point; (5) THENCE in a Northerly direction along a curve to the left, a distance of 694.90 feet to a point; said curve having a radius of 2709.789 feet, a chord bearing of N 100 36' 47.49" W, and a chord distance of 693.002 feet; (6) THENCE N 17° 57' 35" W, a distance of 134.17 feet to a point; (7) THENCE N 31° 34' 57" W, a distance of 148.60 feet to a point on the existing West right of way line of Interstate Highway 37; (8) THENCE N 72° 02' 25" E, a distance of 55.00 feet along the existing West right of way line of Interstate Highway 37 to a point; (9) THENCE S 17° 57' 35" E, a distance of 487.79 feet along the existing West right of way line of Interstate Highway 37 to a point; (10) THENCE in a Southerly direction along a curve to the right, a distance of 904.29 feet to a point; said curve having a radius of 2789.789 feet, a chord bearing of S 080 40' 25.29" E, and a chord distance of 900.3385 feet; (11) THENCE S 00° 36' 44" W, a distance of 388.64 feet to the point of beginning and con- taining an area of 1.732 acres of land, more or less. "Deed" I.H. 37 HWY IMP PROJ(1985-m) Page 2 of 4 D-15-12 (Partial Taking) Alite3 of 6 ev. 3-62 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: Chain link fence Grantors covenant and agree to remove the above described improvements from said land by April 1 , 19 86 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. APPROVED AS TO LEGAL FORM this (i -g- day oi- p&-.pq `jp.e', 198S J. BRUCE AYCOCK, CITY ATTORNEY By: ge4f1- Assistant Ci ttorney "Deed" I.H. 37 HWY IMP PROJ(1985-m) Page 3 of 3 IIID-15-12 (Partial Taking) 4 of 6 • Rev. 3-67 Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in conjunction with the highway facility of which the land hereby conveyed shall become a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) herein- below; and all abutter's rights, including rights df ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue' to Granfdrs, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantor's remaining property will be permitted: To the remainder abutting the highway facility. (B) Access to and from Grantor's remaining property will be denied: Access will not be.denied. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reserva- tion shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. rm D-15-12 (Partial Taking age 5 of -6 Rev. 4-75 • TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of 19 ATTEST: x By: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa Edward A. Martin City Secretary . City Manager SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Before me, , a notary public in and for said County and State, on this day personally appeared , known to me (or proved to me on the oath of a credible witness) to be the person — whose name — subscribed to the foregoing instrument and acknowledged to me that__he_ .. executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the _ day of 19 Notary Public in and for ——.______________._._ County, Texas. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Before me, , a notary public in and for said County and State, on this day personally appeared , known to me (or proved to me on the oath of a credible witness) to be the person — whose name — subscribed to the foregoing instrument and acknowledged to me that __he .. executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of 19 Notary Public in and for . ._---.-.-..------.------_-__-- County, Texas. "Deed -//54„, E ✓E' SGY ' , S , ,z.- C� 01CRT7 Rc<'Nai✓.c-cotiMs�) I.H. 3 � IMP PROJ(1985-m) Page 4 of 4 z 0 C4 O 0 -1 L 0 r-I� '0 0 SD1 1 .0 s•1 03 au County of Nueces .og .2 -1 G 0 N -1a ~i + a U P y Y 03 05 Z o 0A . 04:. .0 , y S0.00 1 Y ii .s ,: O 2y o y �bo 0 w Eo ".2°"o'G m v u p m 61 i mo Y ' I P. u u + m to 71 1 45 71 d G im d M m AUH Y � W .41,i O v y� C 0 w ar o W .G I3 f7 U a, a0.+ O w O 0 m N V L. W o •00 %-'3 U E. 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Respectfully, Respectfully, Council Members MAYOR THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19135