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HomeMy WebLinkAbout05702 ORD - 03/16/1960AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER A WARRANTY DEED TO THE TEXAS NATIONAL GUARD ARMORY BOARD CONVEYING 3 ACRES OF = IN CARRYING OUT THE COMMITMENT OF THE CITY PROVIDED IN ORDINANCE NO. 4786 DATED APRIL 24, 1957, WHICH DEED TO BE IN THE FORM HERETO ATTACHED IM LIEU OF THE FORM PROVIDED IN SAID ORDINANCE NO. 4786 IN COMPLIANCE WITH THE REQUEST OF THE SAID ARMORY BOARD FOR SUCH CHANGE IN FORM; AND DE- CLARING AN EMERGENCY. 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 and directed, for and on behalf of the City of Corpus Christi to execute and deliver a General Warranty Deed conveying three (3) acres of land in carry- ing out the commitment of the City provided in Ordinance No. 4786 dated April 24, 1957, to the Texas National Guard Armory Board, which deed shall be in the form attached hereto and made a part hereof in lieu of the form provided in said Ordinance No. 4786, in accordance with the request of said Armory Board to make such deed in the form provided herein; that the land to be conveyed is fully described in the form of deed hereto attached and is a tract of three (3) acres of land, a portion of which abuts on Horne Road in the City of Corpus Christi, Nueces County, Texas, and is adjacentto the two {2) acres heretofore conveyed under authority of said Ordinance No. 4786. SECTION 2. The necessity for immediately fulfilling of the com- mitment of the City so as to permit commencement of the construction of addi- tional improvements on said land by said Armory Board creates a public emer- gency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the a • THE STATE OF TEXAS X OF COpNTY .NQ&C&S Y MW S ALL HEN BY THESE PRESENTS: That the CITY OF CORPUS CHRIBT't, TE)L4S, a municipal corpora- tion, acting herein by and through its duly, authorized City tfanager, Herbert W. Whitney, for and in consideration of the am of Ten ($10.00) Dollars cash to it in hand paid by the TEXAS VATIOM GL648D AR80HY BOARD, a body politic and corporate of tho State of Texas, receipt of which is hereby acknowledged and confessed, and for which no lien express or im- plied is retained, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the said Texas National Guard Armory Hoard, all that certain tract or parcel of lead lying and being situated Lu the City of Corpus Christi, Texas, and being more particularly described as follows, to -wit: BEIM a 3 acre tract of land out of that certain tract of land conveyed to the City of Corpus Christi, Texas, by San Breslau and Harney Cott by deed dated September 18, 1951 and recorded in Volume 533, Page 480 of the Deed Records of guaces County, State of Texas, more particularly described by sates and bounds as follows; BEGMING at the most westerly corner of the 2 acre Armory Tract previously conveyed, being a point on the northeast boundary line of Horne Road, thence along the northwesterly line of said 2 acre Armory Tract A 290 271 E 272.13 feet to the most northerly corner of said 2 acre Armory Tract; THENCE along the northeasterly line of said 2 acre Armory Tract 8 600 33' S 320.14 feet to the most easterly point of sold 2 acre Armory Tract; THENCE A 230 27' E 127.67 feet to a point for a corner; THENCE A UP 33' W 544.47 feet to a point for a corner; THEU S 240 27' W 400 foot to a point in the northeast boundary line of Borne Road for a point; THE13CE elons said northeasterly boundary of Horne Road S 600 33' E 224.33 feet to the point of beginning, and containing 3.0 acres of land. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Texas National Guard Armory Board. its successors and assigns forever; and the said City of Corpus Christi. Texas, does hereby bind itself, its successors and assigns to warrant and forever defend. all and singular the said premises to the said Taxes National Guard a • Armory Board, its successors and assigns against every parses whomsoever lawfully claiming or to claim the save or any part thereof. This 3 acre conveyance is the remaining acreage of a 5 acre tract being convoyed by the City of Corpus Christi as authorized by Ordi- nance Ho. 4M, passed by the City Council on April 24, 1957. The use of the property shall be such use as will not interfere with the maintenance end operation of Cliff Maus Municipal Airport as an airport in compliance with standards, rules and requirements established by C.A.A. until and unless s -Lcb airport use is discontinued and to this and plans for use shall be submitted to C.A.A. for their approval or comment and only such use as is not objectionable shall be nude of the property. 'Furthermore the use of the property shall be auch as to permit the widening of Horne Road for a width of 25 feet without relobursamont from the City for such additional right of way, and all buildings and improvements shall be set back from the present right of way line of said Horne Road to permit such widening without expense to the City. Utility lines of the City may be installed on or across the land hereby granted at such point, or points, as will not interfere with construction or improvements placed thereon by the Grantee. These covenants and conditions are to be binding upon and to be observed by the Grantee herein, its successors and assigns, and in case of and upon violation or nonobservance of such covenant and condition, this conveyance shall be null and void and said premises shall then and there wholly and absolutely revert to the Grantor herein, and no act or omission on the part of the beneficiary in this clause shall be a waiver of the operation or enforcement of such covenant and con- dition. It is understood and agreed by and between the parties hereto that the above described property may be sublet by the Grantee to the Adjutant General of the State of Texas, according to the laws of this State, but in the event the Adjutant General should, for any reason, fail to pay the rent prescribed in such lease, or in the event the Legislature should fail to appropriate money for the payment of said rent, then in either of each events Graatea may sublet the premises to say person whomsoever at -2- s • the highest rent obtainable{ provided, however, that the City of Corpus Christi, Texas, shall have the first option to sublease such pramisee upon the same terms and conditions that the property was subleased prior to the occurrence of the events above mentioned, and provided further that when, as and if the bonds issued by the Texas National Guard Armory Board under a 'trust indenture dated April 1, 1953, shall have been fully retired and at such time the property hareinabove described shall have ceased to have bean used for Armory purposes, then upon the occurrence of both of such contingencies, the property shall then and there .wholly and absolutely revert to said City of Corpus Christi. Texas. There to hereby reserved. from this conveyance, for a period of five (9) years from the date hereof, an easement for drainage and the nec- essary rights of ingress and egress for maintenance thereof, being the easterly- westerly existing ditch or facility for drainage of Cliff Haug ,Airport and area, which said easement is not to be obstructed in any manner by Grantee, uunleas there is first constructed an equivalent drain- age facility, at no expense to the Armory Board, by relocating that portion of the said ditch to outside of but adjacent to the northeasterumost end northwesterwmoat property lines of the tract being conveyed. The construc- tion of above said equivalent drainage facility shall terminate this ease- meat. However. Grantor Is under no obligation to construct the said equi- valent drainage facility but the easement reservod herein shall terminate at the end of said five year period. WITNESS OUR HAMS at Corpus Christi, Tawas, this the day of , 1960. THB CITY OF CORPUS CHRISTI, TEAS ATTEST: By Herbert W. Whitney, City Manager City Secretary AYP@09ai D AS To LEGAL, Fri TMS DAY of , 1960. City Attorney is "m w opus x Gem" w==a x IMMU W. the sadaroivud atltrity. on tilt day }ar000ally 4lorod mnn M. VUMT. City )kaft r of the City of as}rt ariatif tarotp known to au to be the prom U%Oot asaa it oditorilm to the lsrtplsd latrutat Sod tokaorloyd to ar tMt M arosstsd tM saw Ie tL Mho od ogaldorstits tlarala oagroosm. la the apathy tiaroia stow, am to to ast am dam of said City. elm Ca 1R an An ML 0 amp. trio tM day of . 1li0. Notary /Dills is sod for xsatot ioaaty. toast CORPUS CHRISTI�CL-% TT o / Cp DAY OF 9C, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF C RPUS CHRI I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNK PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO INO VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.