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HomeMy WebLinkAbout05975 ORD - 11/16/1960JKH :11 -16 -6o AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER TO THE TEXAS NATIONAL GUARD ARMORY BOARD A CORRECTION DEED IN LIEU OF THAT CERTAIN DEED DATED MARCH 16, 1960, RECORDED IN VOLUME 897, PAGE 566, DEED RECORDS OF NUECES COUNTY, TEXAS, A COPY OF SAID CORRECTION DEED BEING ATTACHED HERETO AND MADE A PART HEREOF; 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER TO THE TEXAS NATIONAL GUARD ARMORY BOARD A CORRECTION DEED IN LIEU OF THAT CERTAIN DEED DATED MARCH 16, 1960, RECORDED IN VOLUME 897, PAGE 566, DEED RECORDS OF NUECES COUNTY, TEXAS, A COPY OF SAID CORRECTION DEED BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE CORRECTION DEED AND DELIVER SAME TO THE TEXAS NATIONAL GUARD ARMY BOARD CREATES A PUBLIC EMERGENCY 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS / G DAY OF n--v , 1960. CITY SECRETARY/ / .' ' /fj�% , APPROVED AS TO LEGAL FORM THI THE CITY OF CS CHRISTI, TEXAS /4 DY OF lj _ , 1960: e e.-eeee e - eoeeeee efeeeZ1 eate tee • • - L•V:, 1.'..,aere., tee Ale 1Z. e -ke t.ie ity ef Ceopee Zbeiw:e, Nueeei aeety, eereicelaely .:_eecribed as folleee te-vete acre Greet lend oot of the Wet Quarter 04) : euire Quarter (See and the South Quarter (0) of • •te Quar,tee (k) of Section of the Sectiisaized ..on of theefioffmen Tract as shown by the plat'ef said sueeeeiGiou recorded in the office of the County Clerk -f eueces County, Texas, and being out of those certain :e_4ete ef lend conveyed to the City of Corpus Christi, by Sam Breslau and Barney Cott by deed dated epceuber le, 1951, and recorded in 'Volume 533, Page 480, need Records of Nueces County, Texas, and by Jesse Bell and wife, Julia Bell by deeds dated July 25, 1941, recorded n Volume 271, Page 587, and dated March 12, 1941, recorded irL Volume 267, Page 381, both in the Deed Records of Meares County, Texas, and more particularly described by metes and bounds as follows: BEGINNING 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 N 29° 27' 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 5 60° 33' E 320.14 feet to the most easterly point of said 2 acre Armory Tract; THENCE N 29° 2-7' E 127.87 feet to a point for a corner; THENCE N 60° 33' V 544.47 feet to a point for a corner; CHENCE S 29° W 400 feet to a point in the northeast boundary line of Horne Road for a point; THENCE along said northeasterly boundary of Horne Road 5 60° 33' E. 224.33 feet to the point of beginning,and containing 3.0 acres of land. TO RAVR AND TO BOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Texas Rational Auer! AtWeey soard, its successors sad assigns forever; and the said City of Corpus Christi, Twos, does hereby bind itself, its successors and assigns to wereeht and forever defeasd, all and singular the said premises to the said Texas Notional Ward Armory board, its successors and assigns against every person wh Hle,e, lawfully claiming or to claim the same or any part thereof. This 3 acre conveyance is the remaining acreage of a 5 acre tract being conveyed by the City of Corpus Christi as authorized by Ordinance No, 4786, 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 and operation of Cliff Maus Municipal Airport as an airport in compliance with standards, rules and require- ments established by C.A.& until and unless such airport use is discontinued and to this end plans for use shell be submitted to C.A.A. for their approval or comment and only such use as is not objectionable shall be made of the pro- perty. Furthermore the use of the property shall be such as to permit the widening of Horne Road for ae width of 25 feet without reimbursement from the City for such additional <,a =., 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 ewideuing without expense to the City. Utility lines of the City may be installed on or across the lend hereby granted at such point, or points, as will not inter- fere with comstruotIon or row rata pieced thereon by the Grantee. These & Eonai7n 'e and conditi to be binding open end to one obaesve'd by • the Grantee horeia, item NuCCO8SCC3 cih-6}e's:^rfa'.a" R..: of «F°;5r> enema:A a T F ese d ereeiseep of 1 £tee, and in case €.* and rag', . violation or non- e, Chia conveyanee all be recall „ -,.a void ebeciutely revert to the Granter cuanaggiCia or Coe poet !ate the Teri f a cinay in this elamee .i: eJ cski s`:' ,Atv,: n- a .t. ...,.. 9-s- ' i .t !; P.P `�".�.. pis.'". Rc c`,�".s'�4i?2:t1.�`_��t�,. t;:;?.na'.i +,fa:,wf� 4.$_„ tz .,._. 'ti. �.Q�a'x.y'd<.' '�.u= "-^ tkfi,°,'.� 19,: Fr "cA., . :9.9 ' -y rt'„ 'ir ;P :"..�, �: a.^^ !pg.?, year.:, 1,9;.2m, '?;c am.: tk43 eeeennetnet eneeneren ee'ee be Pe ee il ? kkiV}C,.. r-.. .fat. `. ;,,. .,♦a.� ,. u. Q.:, ...9V.: ;.9A;Lefoiq v::r£ a.. l..i.. .F_i w`,Li ; eee paymemt of seie rtt m thee in either of galoh 4W-elite Geaatee may sublet the preeises to any person wtomsoever at the highest rant abteihthle;pro-vided, however, that the City of Corpeo Chrieti, Tweeze shall have first option to sublease such premises upon the same terms and conditions that the property was subleased prior to the occurrence of the events above aentioued; and provided further that when, as and if the bond teemed by the Texas Natioaal Guard Armory Board under a Truet Indenture deted April 1, 1953, obeli have been fully retired and at ees.h tine the property hereinabove ececribed shall have ceased to have been ued for Armory purposec, them upon the oecerrence of both of such contingencies, the peeperty &hell then and there wholly and ebeolute/y revert to said City of Co-nn Christi, To„ma00 fEsrsi :“1 hereey reserved, iron tele comeeyemee, for e period of five (5) ysa,s8 froa the date eeaceent fee deeinage cud the eacessery rights ere ieeeeee and egrets for mciatesence etereof, the easterly-westerly exietiee ditch or fasility for drai4,4:be of Cliff Haas Airport and area, which said sssemant is not to be obstructed LE, nay rA4V:144...-to, 17 Grantee, unless there is first caustrectee am equivalent drainage facility, at no eepease to the Armory Boerd„ by relecatihg that per f the ae ditch to outside of but adjacent to the northeeeeerm004 nisd mat/41mosterazot property lines �f the tract being con- veyed. The cutruction of above said equivalent drgebege facility shall ter- minate this easement. However, Grantor is under no obligation to construct the said equivalent drainage facility but the easement reserved herein shall terminate at the end of said five year period. This deed is executed by Grantor as a correction deed in order to correct the inadequate description contained in that certain deed dated March 16, 1960, executed by Grantor herein conveying said property to Grantee herein, recorded in Volume 897, Page 566, Deed Records of Nueces County, Texas, and said original deed is otherwise ratified and confirmed by Grantor, and this correction deed is, accepted by Grantee. WITNESS OUR RANDS at Corpus Christi, Texas, this the 16th day of March, 1960. ATTEST: City Secretary ArTROVHDAS TO LiGniramilmls DAY. Of , 1960. THE CITY OP CORPUS CHRISTI, TEXAS BY: Herbert V. Whitney, City Manager lt3 grkil 0? MEW X MOM OW mem % BEFOM2 ME, the 1149dersigne,f1 autho-rity thia day pormilly api)eared ty Managex of the City of Corpus Chrieti, Telma, known to me to be the peraco whose noon is oulie'tribed to the foregming instrument, and acknowledged to me that he emecuted the same qor the purpaso5 and consi- daratica therein egpre4;oad, vt,pacity tkernl, aed es the act a.arJ; dk.p.e'3 451' . *eia City. MatER MT mum AND MAI OF OFFICE thio thm day of 1960. MINA! PUtLIC EN AIM POW WaCtS CUWIT1 TEMO CORPUS CHRISTI, TEXAS /40 DAY OF A TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 1966 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.° I, 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,.- THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS.,RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. ?V � THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO1ING VOTE; 7, ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DONNE R. A. HUMBLE - GABE LOZANO, SR.