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 ' ,
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I.H. 3 �
IMP PROJ(1985-m)
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• •
Corpus Christi, Texas
X+ day of l c.eivka) , 198g—
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, 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