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HomeMy WebLinkAbout05987 ORD - 11/30/1960JKH:11 -29 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER TO THE CORPUS CHRISTI YACHT CLUB A COR- RECTION DEED IN LIEU OF THAT CERTAIN DEED DATED AUGUST 24, 1959, RECORDED IN VOLUME 887, PAGE 358, 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 CORPUS CHRISTI YACHT CLUB A CORRECTION DEED IN LIEU OF THAT CERTAIN DEED DATED AUGUST 24, 1959, RECORDED IN VOLUME 887, PAGE 358, DEED RECORDS OF NUECES COUNTY, TEXAS, A COPY OF SAID CORRECTION DEED BEING ATTACHED HERETO AND MADE A. PART HEREOF, WHICH IS HEREBY DETERMINED TO BE PROPER AND IN THE PUBLIC INTEREST. SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE CORRECTION DEED. AND DELIVER SAME TO THE CORPUS CHRISTI YACHT CLUB 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 �DAY OF , 1960. L ATTE' MAYOR THE CITY OF C RPUS CH STI , TEXAS CIT7 SECRETA APPROVED AS TO LEGAL FORM TTHIS 3 DAY OF t� , 1960: CITY ATTORNEY E SS m TIM STOR OF TEXAS COUWY OP NUBCW KNOW ALL M 13Y TRESJ� PRESMSs That the City of Corpus Christi, Texas, a municipal 'corporation, acting by and through its duly authorized City 14enager, Herbert W. Whitney, hereinafter called "City",, for and in consideration of the agreement of the Corpus Christi Yacht Club, a Tex%e corporation, hereinafter called "Yacht Club"., to construct improvements on the property hereinafter described, for the further consideration of the agreement of the Yacht Club that said prop- erty shall be used to promote yachting, boating, and other water sports in the Corpus Christi Bayfront Area, as herein furthe-Z set forth, and for other 900d and valuable considerations, the receipt and sufficiency of which are hereby acknowledged; Has granted, sold and conveyed and by these presents, does grant, sell and convey, unto the Corpus Christi Yacht Club, a Texas corporation, for the purpose of conducting a yacht club only to promote yachting, boat. ing, and other water sports in the Corpus Christi Day oat Area, and subject to the conditions hereinafter stated, All that certain tract Or parcel Of land in the City of Corpus Christi and Nueces County, Texas, BWIMM at a point for the northwest corner of this tract, from which point the intersection of the centerline of lagum Street with the west face of the sea_ well bears N 730 38'-10" W, a distance of 14.05 feet and N 120 001-20" Z, a distance of 286.49 feet, THEMCB; S 730 38'-10" E, a)-one the north face of an existing bulkhead, a distance of 295.23 feet to the intersection of said north face of existing bulkhead with the east face of said exist. Ing bulkhead for the northeast corner of this tract. THENCE; S 160 W-20" W, along said east face of existing bulk- head, a distance Of 89.50 feet to a Point for the southeast cor- ner of this tract. t1 CE; N 73P 441-4,0" W, a distance of 288.53 feet to a drill hole In the concrete seawall for the southwest corner of this tract. TBENCE; N 120 OW-20` B, along the base said concrete seawall, a distance of 90.33 feet to the point of beginning and containing in all a total of 26,201 square feet of land. To have and to hold the above described premises,, together with all and singular, the rights and appurterlances thereto in anyw—lse belonging, unto the said Corpus Christi yacht Club and its successors and assigns so 10719 and QWY so long as used and occupied 'M the Manner herein further Pro- videdp and whenever suet -,zse shall cease to be carried upon such premises or upon the violation or nan-performance of any of the conditions hereinafter stated, then and thereupon this conveyance sball be null and void, and said land and premises, including all improvements, shall revert to grantor herein and grantor shall bave the right to re-enter and take p�aee5sior ?f the prem- ises and all improvements withw!t liability for damages for trespass, and no act or omission on the part of grantor-, shall be a waiver of the operation or enforcement of such conditions, slid Said. City does further hereby bind itself, its successors and assigns to warrant and defend all and singular the said premises unto the ;mid Yacht Club, 'Its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject to the conditions contained herein. This conveyance is made on the condition of the compliance by the Yacht Club, grantee, performing the folloving conditions; 1. The said property is to be used fov the operation of a Yacht Club amd for no other purpose. 2. The Yacht Club will conduct its affairs and manage its opera- tion so as to endeavor to be an asset to the City of Corpus Christi, to en- courage persons from out of the city to maintain yachts and boats in Corpus Christi a---d to engage in water sports in Corpus Christi end its vicinity, and to visit Corpus Christi in connection with such activities; as well as to encourage residents of Corpus Chi-istl who are Interested in boating and water sports to maintain boats and yachts within the Corpus Christi Bayfront area insofar as feasible for them to do so and to engage in boating and other water sports in the Corpus Christi bayTront area insufar as feasible for them to do so, in lieu of other areas. The Yacht Club shall be operated as a pri. vote cit�b, 3. The Yacht Club will erect improvements on said premises suit- able for Yacht Club use, vh;.:Ct :improvements shaIl be n design and cost in keeping with the bayfront area, The plans and specifications for such im- provements shall be submitted to the Bark and Recreation Board of the city of Corpus Christi prior to begirzing the construction thereof, and its e-p- provall will be obtained before the erection and construction of any such im- provements, The Yacht Club willo at all times, prompt-ly execute, fulfill, -2- and c0MP1Ywith all ordinances of the City of Corpus Christi- and laws of the State �f Texas aPPlieable to said premises and all orders and requirements imposed by the Health Department, Sanitary Department, and police Department for the correction-, prevention, and abatement of -nuisances IM, upon, or Cow iiected with said premises. The 'use by the Yawht Club and its members of the parking facilities adjacent to such premises shal.1 be z0oiect to all applica- ble ordinances Of the City of Corpus Christi with respect to parking and other vnatters. 5• The Yacht Club will not lease any portion of the property cov- ered hereby to any party other than as a part of the Yacht Club operat.-1-on, it beinIg understood and agreed that this conveyance 5s to the Yacht Club for use by said Club exclusjN�ly for the purposes herein set forth. 6. The Yacht Club dill keep said premises in a clean and neat con- dition and take good care of the property cavemd hereby, It further agrees to keep all buildings thereon or other improvements constructed by it thereon In good repair and painted and to suffer no waste, 7. The Yacht Club will 11old City harmless for any hurt, injury, or damage to persons Or Property caused by its activities ass said premises. The Yacht Club further agrees that it will incur no debts or obligatisas an the credit Of the City in c0nnectiOn witt its operations or activities. The Yacht Club will seek no exemption from. ad valorem taxation on the property covered hereby azid the improvements to be constructed thereon. It covenants and agrees to render such property for taxation by the city of Corpus Christi and all Other taxing bodies lawfully entitled to the same and to Pay Such taxes as may-be lawfully assessed against the same. 9. The Yacht Club v-111 at all times maintain- in force a policy of fire and comprehensive coverage insurance covering its improvements on such property in an amount not less than their full insurable value, provided such insurance is available to it at standard ilnQurzance rates. Such Insurance may oontain an 8o% co-insurance clause and in determining the value of the zmarcvements covered thereby, there may be excluded the foundations and any other portion of the improvements constructed by the Yacht Club not ordin- arily subject to destruction or serious lama in the event of fire. In the event of ally damage or loss covered by such insurance, the proceeds of such -3- insurance shall be 'used to restore or replace the dawged, lost, or destroyed property. lo. The Yacht Club will not engage in the sale af petroleum prod- ucts nor in any conmercial venue which seeks to make sale-- to the public geaerall:7. it may provide other services to its members and thee"r guests of such types as are commonly provided by Yacht Clubs in other cities. il. This r-o1-Tvey.-mcc -is made subject to the lease from the City of Corpus Cbristl to Sydney Wrndon hexe-inabove ddescribed, and covering a portion of said property. All rentals payable under said lease to the date of dQ11-v- exy of this deed shall be the property of the City. The Yacht Club is autho- rized to negotiate with the lessee for the ter .nation or said lease, and the City a es to release the same provided any and all considerations paid to the lessee for (3uQh release are paid by,the Yacht Club and such release is accomplished without cost or liability to the City. The construction of the improvements required I-ierein shall camence not later than eighteen (13) months from this date; cu: three (3) months after the termination of said Hemdon. lease, whichever shall be latest, and shall continue thereafter with reaso-imble d1ligence until cceipletion. l3. The Yacht Club will, at Its expense, have a sm'npey made of the property covered hereby prior to commencing construction and will provide the City with a copy thereof. 1I 3 . The Yacht Club is hereby given permission and the Yacht Club hereby agrees to improve and maintain wallz?ays, boat slips and other improve- ments in that water area immediately adjoining the north line of the prop- erty hereby conveyed for 5Q feet and that ;Mater area imediately adjoin1mg t' In the event the Yacht Club he east line of the property for 25 feet. should viol8te or default in any of the aforesaid conditions, the City may enforce performance thereof is any mode provided by lava, whether for breach of condition or ot-nervaiae,, and in addition?, the City may, if _t elects, by giving the notice and compiying with the further provisions hereof declare that the title to such property bas reverted to such City, and in 'the event the title to such property should revert tea said City, said City, its agent, em it ployee, or attorney, shall have the r:11ght wf ho-ut being guilty tif any manner of trespass and without prejudice to any remedy for breach of covenant or -4- condition or othentise to reame wasesaion of said premises including an improvements sitinted thereon, which shall then and thereafter become and be the sole property of said City ia fee simple. Notw-ithstandlqg, any other prov�_siran hereof, hmiever,, the title to said property shal-1 not rever-G to said C-I.ty, nor shall said Yacht Club be considered as having forreited or as having ber--n divested of its ownership or ri�ht to use and possess said property, for flWilure to use said property in the raanwer herein required, .)r for 'breach ctt any covenaat contained here. in, or for failure to nteet aig condition contained herein, or for any other reason, unless prior thereto the City slab. Ilave g,_'.veu Written notice to the Yacht Club addressed to it at the above aescribad premises and deposited in tare U, S. '&ils, registered, return receipt rec,uented, setting forth the breach of covenant complained r-P or other &-ounds asserted for such termina- tirig and =less f =-ther that the Yacht Club ahaLl have failed to cure any such default, or failed to meet any such condition gramptly after such notiaeA the pexiaaa off' time being allrxied to be, in any event, not less than thirty (30) days, nor more ti 90 days. By the term "prcmptly ` is meant the time which Ordinarily va-u4cl be required to accomplish the correction. It is ftwther provided that the City of cm-pus Christi my i_t its election re-purchase the pmperty lowered hereby at any time, provided it First giver, the Yacht Club One (1) year vritten aoticce in advance -,,):r such decision to re-plar-cl-aae aad gives representatives of -'U an op- he yacirt Club portunity to be heard before the City Council prior to decision on its part whether or not to re-purchase. l~ Dr Purposes of this paragraph, references to the property covered hereby shall include all -improvements thereon, all appurtenances thereto, and all Turn itILTe a-ad fixtures situated therein. In the event of re-jr0chase, the re-purchase Price shall be the sum of $17,00MO fGr the land conveyed herein, t1he a-In of $1,400xo for the im- provelaQr�ts present} y existing -, )n sa'.d land less suet prjrtic n as may be re- moved and less depreciatiaxi at Six Percent (61%o) per year an the remainder of Suca-i ei�,5ti'ng itzprovemer-t.s and the actual .Grit of the Yacht Club improve- me-Utz (including furnit,zrie and f zwes) less deprec at'.*'on figwed On a thirtj (30) Year life basis, with a maximum depreclat--loIA !.:,f Fifty Percent, (50j,a) 1: Cy t. This Deed -is executed by Grantor as a correct-im-i deed il"I order to correct the erroneous description conta'med in that certain deed dated Aug- lust 24, 1959, '' Yecuted by Grantor herein conveying said 'property to Gra-atee herein, recorded --5n Vol me 387, Page 358, Deed IlReco-rds -,f County, Texas, and ,;said original deed is othervilse ratified amd confirmed by Grantor, and this correction deed is accepted by Grantee. TfITMSS our hands- thin the — day of _, 196). TT-M CIW-- OF Cofwus CBRJSTt' =EA'q AMWL: APPROMAS TO LEGAL FOM 196.0- N`y A��=ey MFFFM-2�� THE CP T-mS I COMM or NURCES 4 ghitney. City eager OMPM CMISTI YACHT CUB Robert IG FINto, MMSIsre BEFCM. 12, the undersigned authority, on this day personally ap- Peared Herbert W. Mitney, known to me to be the Person whose name is sub. scribed to the foregoing fInstrumient as City manager of the City of Corpus Christi, Texas, a mmicipal corporati, on, and acknowledged to me that he executed the same for the purposes and consideration thereir expressed, in the aaPacity stated, and as the act and deed of said corporation. GIM MM MY HAND AND SEAL UP OFFIMT this the day of Wtaty-Pu—bEI—Qin and fOr Nuece—s—Zo—uaty, Te xa s. Ccamission Plxpires June 1, .1961. TM STATE CF TWS COU"m OF ME= VWWX M, the mdersigned auth-crity, on this day -personally ap- peared Robert ff. Plato, lZcrm to we to be the persan whose name is subscribed to th-e fareZoing instrument as CcmoeorO- of the Corpus Christi Yaclpyt Club, a ccrper�atior, and ackiaouledged to me that he executed the saw for the pur- poses and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIMI MOM DU HM M 17AL OF OFIVICF. this the day of or. uece Texas. Vq ccmmiosion Expires d' 'Ie 1), 1961. _Q- CORPUS CHRISTI, TEXAS % —Lo—o OF y �9 G 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. RESPPCTFULLY, MAYOR THE CITY F CORPUS C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE! EL�.RQY KING JAMES L. BARNARD MRS, .RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO,.SR. - THE ABOVE ORDINANCE WAS PASSED BY T ELLRoY KING JAMES L. BARNARD MRS, RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE Lo¢ANO, SR, FIELD NOTE DESCRIPTION OF CORPUS C4RISTI YACHT CLUB TRACT BEGINNING at a po;nt for the northwest oorner of this to t, fg,*m,.vh;ch peant the intemeo,tIon of the centerilne of LMuno Street with west f* re of the small bean N 7? 381 -100 W, a Jistanme of 14.05 feet and N I? W -201- F,, a d*jstqn,_,a of 286.49 feet. THENCE-, 5 730 384 -1 E, along, the north f=e of 'am existipe bulk6ad, a distame of 295.23 feet to the intersectton of said r* A. face of existing bulkhead with the east face of scid existing bulkhead for the narthmut corner of this tract. THENCE, S 16* 164 -200 W, along said east face of existime bulk: %4 'a distarme of 89.50 fen t tQ q point for fhe southeast corner of this it THENM N 7,!',* 444 -40- W, 0 distance of 288.53 fast to o 4611 We in the concrete seowail for +0 swithwast corner of this tract. TWENM N UP W ­200 E, olon the ban of said -.on.-reto jeowMI, a distance of ".30 feet to the point of beginning and contcinino in all o tatol of 26,201 square feet of land. 13LUCHFR AND NAISMITH, INC.