HomeMy WebLinkAbout021285 ORD - 11/19/1991AN ORDINANCE
AUTHORIZING THE DONATION OF A PARCEL OF LAND BY THE CITY TO THE
STATE OF TEXAS FOR THE CROSSTOWN EXPRESSWAY EXTENSION PROJECT,
SAID PARCEL LOCATED ON THE WEST SIDE OF AYERS STREET JUST SOUTH
OF STATE HIGHWAY 358 (SOUTH PADRE ISLAND DRIVE).
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 Donation
Deed (Controlled Access Highway Facility), a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit "A."
AG5000.056.kp
021285
MICROFILMED
Texas Department of Transportation
Fomt d-15-141 (Partial Taking)
Page 1 of 4 Rev. 9/91
DONATION DEED
Controlled Access Highway Facility
THE STATE OF TEXAS
COUNTY OF NUECES
.Parcel 3)
8016-1-43
SH 286
WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of
the 55th Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vemon's Annotated Civil Statutes
of Texas) to purchase land and such other property rights deemed necessary for the purposes of facilitating
the construction, maintenance and operation of Controlled Access Highways; and,
WHEREAS, the purchase of the hereinafter -described premises has been deemed necessary by the Texas
Transportation Commission for the purposes of facilitating 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 ($1.00) to Grantors in
hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this
day Donated and by these presents do Grant, Give 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 in Exhibit "A", which is attached hereto and incorporated herein for any and all
purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on the property described in attached Exhibit "A", to wit:
NONE
6t te4 .-ca=lant and agree to remove the above-described improvements from said land by the
day of .' ct however, to such extensions of time as may be :ran
the State in writing; and if, for any reason, Grantors o :nom.: =--s - "1 i said period of
time prescribed, then . ' 1 . . . r. i. eratron, the title to all or any part o suc ents
removed shall pass to and vest in the State of Texas forever.
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 reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder.
S ao y i !T `A'
Parcel
8016-1-43
Nueces County
EXHIBIT A
Being 9,046 square feet of land, more or less, out of and a part of Lot 3, Section
3, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map
Records of Nueces County, Texas and being out of that certain tract of land
described in deed from Paul Ocker and wife, Lillie B. Ocker to the City of Corpus
Christi dated June 14, 1966 and recorded in Volume 1155, Pages 356 thru 358, Deed
Records of Nueces County, Texas; said 9,046 square feet of land, more or less, being
more particularly described in metes and bounds, as follows:
BEGINNING at a point on the Northeast boundary line of said Lot 3, same being the
Northeast boundary line of said City of Corpus Christi tract for the North corner of
this parcel from which corner of North corner of said City of Corpus Christi tract
bears North 61° 52' 00" West 448.71 feet;
(1) THENCE South 61° 52' 00" East, along the Northeast boundary line of said Lot 3,
at 272.39 feet passed the proposed Engineer's baseline of the Crosstown Extension at
Station 250+68.44 and continuing South 61° 52' 00" East, along said Northeast
boundary line of Lot 3, in all a distance of 511.92 feet for the East corner of the
parcel and the beginning of a circular curve to the left whose radius point bears
South 48° 40' 48" East 1449.00 feet and which has a central angle of 00° 24' 21", a
radius of 1449.00 feet, a tangent distance of 5.13 feet and an arc length of 10.26
feet;
(2) THENCE, with said circular curve to the left, 10.26 feet to a point on the
Southwest boundary line of said City of Corpus Christi tract for the South corner of
this parcel;
(3) THENCE North 61° 52' 00" West, along said Southwest boundary line, at 237.19
feet pass the proposed Engineer's baseline of the Crosstown Extension at Station
250+78.43, and continuing North 61° 52' 00" West, in all a distance of 240.64 feet
for an inside corner of said City of Corpus Christi tract and of this parcel;
(4) THENCE South 28° 41' 05" West, continuing along said Southwest boundary line,
15.00 feet for a corner of said City of Corpus Christi tract and of this parcel;
(5) THENCE North 61° 52' 00" West, continuing along said Southwest boundary line,
261.40 feet for the West corner of this parcel and the beginning of a circular
curve to the left whose radius point bears North 77° 57' 01" West 1600.00 feet and
which has a central angle of 00° 56' 02", radius of 1600.00 feet, a tangent distance
of 13.04 feet and an arc length of 26.08;
(6) THENCE, with said circular curve to the left, 26.08 feet to the POINT OF
BEGINNING and containing 9,046 square feet of land, more or less.
Texas Department of Transportation
Form D-15-141 (Partial Taking)
Page 2 of 4 Rev. 9/91
Parcel 37
8016-1-43
SH 286
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 govemed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all abutter's
rights, including rights of 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
Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they
appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantors' remaining property will be permitted:
To the Northwest and Southeast remainders abutting the highway facility.
(B) Access to and from Grantors' remaining property will be denied:
Acess will not be denied.
Texas Department of Transportation
Form D-15-141 (Partial Taking)
Page 3 of 4 Rev. 9/91
Parcel 37
8016-1-43
SH 286
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs 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 91 ATTEST: ARMANDO CHAPA, CITY SECRETARY
CITY OF CORPUS CHRISTI
BY: APPROVFD AS ToLFcAL FORM THIS n4 DAY
JUAN GARZA, CITY MANAGER OF ,,61«,µ,,,bc, , 1991.
James R Rray, Jr_ CITI ATTORNEY
BY: -Th (.Ga ,c 4/ c;_zrtre—✓
f'/�E6r1 ,:;I',: c't4eui
THE STATE OF TEXAS,
COUNTY OF
ACKNOWLEDGMENT
)
BEFORE ME, on this day
personally appeared
known to me (or proved to me on the oath of , a credible witness,) to be the person(s)
whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 .
Notary Public, State of Texas
My Commission expires on the day of 19
************************************************************************************
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF NUECES
BEFORE ME, on this day
personally appeared Juan Garza as City Managppf the City of Corpus Christi, Texas
known to me to be the person and officer whose name is subscribed to the forenoigg instniment and acknowledged to me that
the same was the act of the said C i ty of Corpus f h r is r i , a.&orAtartiJ that he/she was duly authorized to
perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as
the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 9t
Notary Public, State of Texas
My Commission expires on the day of 19_ .
Texas Department of Transportation
Form D-15-141 (Partial Taking)
Page 4 of 4 Rev. 9/91
After recording please return this instrument to:
City of Corpus Christi
P. 0. Box 9277
CITY HALL - 1201 Leopard Street
Department of Engineering Services
PROPERTY & LAND ACQUISITION DIVISION
3RD. FLOOR, ROOM 3E -25A
Corpus Christi, Texas 78469-9277
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8016-1-43
SH 286
'hat the foregoin ordinance was read for the first time and passed to its second, reading oi_
the ') day of ',11\ Ckti_:\_ 199 1 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria (e--/
That the foregoing o
this the day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
(Le
ance wa read, for t second time and passed to its third reading on
i}1 was,,
, 19 , by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the,fQregoing ordx}ance was read for the third time and passed finally on this the
day of ) SIM , 19't( , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
aft*
PASSED AND APPROVED, this the
Al PEST:
Edward A. Martin LCG-1 ,
Joe McComb gi
Dr. David McNichols (149111±
Clif Moss
Mary Pat Slavik
day of 1,r1,Ce11
City Secretary MAYOR'
THE CIT
APPROVED: 1, DAY OF Ccio, 199/ :
JAMES R. BRAY, JR., CITY ATTORNEY
044
d Lea,Assistant City Attorney
021285
CORPUS CHRISTI