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Home My WebLink About08880 ORD - 05/29/1968AN ORDINANCE AUTHORIZING'AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONVEYANCE AND AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT WHEREBY THE CITY WILL CONVEY TO THE SAID CORPUS CHRISTI INDE- PENDENT SCHOOL DISTRICT, A THREE -ACRE TRACT OF LAND OUT OF LOT 2, LYLES SUBDIVISION ANNEX, MORE PARTICULARLY DESCRIBED HEREINAFTER, AND THE FURTHER AGREEMENT BETWEEN THE SAID CITY AND SCHOOL DISTRICT FOR JOINT USE OF A SEVEN -ACRE TRACT OF LAND OUT OF LOT 8, SECTION "E" OF THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, MORE PARTICULARLY DESCRIBED HEREINAFTER, TO BE USED FOR PARK PURPOSES, ALL AS SET FORTH IN THE CONVEYANCE AND AGREEMENT, A COPY OF WHICH IS 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 BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONVEYANCE AND AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, WHEREBY THE CITY WILL CONVEY UNTO THE SAID CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT A THREE -ACRE TRACT OF LAND, DESCRIBED AS FOLLOWS: A THREE ACRE TRACT OF LAND OUT OF LOT 2 LYLE'S SUBDIVISION ANNEX AS SHOWN BY MAP OF RECORD IN VOLUME 27, PAGE 84, NUECES COUNTY, TEXAS, MAP RECORDS, SAID THREE ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2 SAID POINT BEARS SOUTH 28° 201 WEST 33$ -oo FEET FROM THE NORTHEAST CORNER OF SAID LOT 2; THENCE, SOUTH 28° 201 WEST WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2 A DISTANCE OF 390.10 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE, NORTH 610 1FO1 WEST, A DISTANCE OF 335.00 FEET TO A POINT IN THE NORTHWEST BOUNDARY'LINE OF SAID LOT 2 FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE, NORTH 28° 201 EAST WITH THE NORTHWEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 390.10 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE, SOUTH 61' 401 EAST, A DISTANCE OFK335.00 FEET TO THE PLACE OF BEGINNING; HEREINAFTER CALLED "3 -ACRE TRACT ". AND THE FURTHER AGREEMENT BETWEEN THE SAID CITY AND SCHOOL DISTRICT FOR JOINT USE AS A PARK OF A SEVEN -ACRE TRACT OF LANDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 7 ACRE TRACT OF LAND OUT OF LOT 8, SECTION E OF THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT AS SHOWN BY MAP'OF RECORD IN VOLUME A, PAGE 28, NUECES COUNTY, TEXAS, MAP RECORDS, AND A PORTION BEING OUT OF LOT 2 OF LYLE'1S SUBDIVISION ANNEX AS SHOWN BY MAP OF RECORD IN VOLUME 27, PAGE 84, NUECES COUNTY, TEXAS] MAP RECORDS SAID 7 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID LYLEIS SUBDIVISION ANNEX FOR A CORNER OF THIS TRACT; THENCE, NORTH 61° 4O1 WEST WITH THE NORTHEAST BOUNDARY LINE OF SAID LOT 1 AND ITS NORTHEASTERLY EXTENSION A DISTANCE OF 660 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE, NORTH 28° 201 EAST, A DISTANCE OF 660 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCEP SOUTH 610 1401 EAST A DISTANCE OF 660 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2 FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE11 SOUTH 28° 201 WEST WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 111.00 FEET TO A POINT FOR A CORNER OF THIS TRACT; ' THENCE, NORTH 61° 4ol WEST A DISTANCE OF 335-00 FEET TO A POINT IN THE NORTHWEST BOUNDARY LINE OF SAID LOT 2 FOR AN INSIDE CORNER OF THIS TRACT; THENCE$ SOUTH 28° 201 WEST WITH THE NORTHWEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 390.10 FEET TO A POINT FOR AN INSIDE CORNER OF THIS TRACT; THENCEI SOUTH 61° I+O1 EAST, A DISTANCE OF 335.00 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2 FOR A CORNER OF THIS TRACT; •f. THENCEil SOUTH 28° 201 WEST WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2, A DISTANCE of 158.90 FEET TO THE PLACE OF BEGINNING; HEREINAFTER CALLED 117 -ACRE TRACT". ALL AS MORE FULLY SET FORTH IN THE CONVEYANCE AND AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE PUBLIC IMPORTANCE AND NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT WITHOUT DELAY 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 THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE��DAY OF MAY, 1968. ATTEST: 1 CITY SECR ETA Y O THE CITY OF CORPUS CHRISTI, TEXAS A PR ED Y OF MAY 968: CITY ATTORNEY I' - • - •? .. . • 'THE STATE OF TEXAS i,' CONVEYANCE AND AGREEMENT - COUNTY OF NUECES ] , THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, . • ' HEREINAFTER CALLED "C ITY ", ACTING BY AND THROUGH THE UNDERS IGNED, HERE —` UNTO DULY AUTHORIZED BY ACTION OF THE CORPUS CHRISTI CITY'COUNCILl AT ` - •+ ITS REGULAR MEETING`OF MAY .29, 1968, AND THE CORPUS CHRISTI INDEPENDENT, - ; SCHOOL DISTRICT, HEREINAFTER CALLED "DISTRICT", ACTING BY AND THROUGH ' ' THE UNDERSIGNED,- HEREUNTO DULY AUTHORIZED BY RESOLUTION,OF `jHE BOARD , OF TRUSTEES OF THE DI'STRICT� ADOPTED AT A REGULAR MEETING +HELD ON •• • NOVEMBER 6, 1967, EACH FOR AND IN CONSIDERATION OF THE MATTERS HEREIN -- • AFTER SET FORTH,'HEREBY ENTER INTO THE CONVEYANCE AND AGREEMENT BELOW - SET FORTH: - - - - - CITY HEREBY GRANTS SELLS AND CONVEYS UNTO DISTRICT THE FOLLOW- - - _�� , ,• . of . ' ING- DESCRIBED REAL 'PROPERTY SITUATED IN NUECES aCOUNTY,a TEXAS,1 TO —WIT; - r A THREE ACRE TRACT OF LAND OUT OF LOT 2 LYLE /IS SUBDIVISION '- .ANNEX AS SHOWN BY MAP OF RECORD IN VOLUME 27, PAGE 84, NUECES COUNTY TEXAS, MAP' RECORDS, SAID THREE ACRE TRACT OF - - - LAND,BEING MORE,PARTICULARLY DESCRIBED BY METES AND BOUNDS - • AS FOLLOWS, TO —WITC BEGINNING AT A POINT IN THE SOUTHEAST BOUNDARY LINE OF - - ''•SAID LOT 2 SAID•POINT•BEARS SOUTH 28° 20'-WEST 338.00'. ,- ' - «- • '- FEET FROM THE NORTHEAST CORNER OF SAID LOT 2; „ THENCE; SOUTH 28^ 201 WEST WITH THE SOUTHEAST BOUNDARY LINE OF SAID LOT 2 A DISTANCE OF 390.10 FEET TO A POINT, -- - - FOR THE SOUTHEAST OF THIS TRACT; _ - - 1C��ORNER • - THENCE, .NORTH 61, •i0/ iEST, A DISTANCE OF 335,00 FEET -' TO A POINT IN THE NORTHWEST BOUNDARY LINE OF SAID LOT 2 .• - ' • FOR THE SOUTHWEST•CORNER OF THIS TRACT; " - THENCE, NORTH 28' 20' EAST WITH THE- NORTHWEST•BOUNDARY - LINE OF SAID LOT 2; A DISTANCE OF 390.10 FEET 70 A POINT. FOR A CORNER OF THIS-TRACT; ' - • , . - .. 4 1111,^,6 THENCE, SOUTH 61° t' EAST, .A DISTANCE OF 335.00 FEET TO. .7 - THE PLACE OF BEGINNING; HEREINAFTER CALLED °3 —ACRE TRACT". - - - • ' TO HAVE AND TO HOLD THE IABOVE, DESCRIBED PROPERTY, TOGETHER WITH ALL AND •' SINGULAR TAE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELINGINO UNTO THE r hj ° a'�' n r y I {- • Y, . } ... .. R `` ` Y '. a � ' ^ c';a -.,e .Y ' `�+;�� •za• - yam' .. .- ',S. +Y. ,sa.j" } j" Y' 'ZI ul -, v,4 L "% 4., D I STA I CT, IT3 SUCCE33ORS AND ASSIGNS • FOREVER; AND CITY DOES HEREBY 8114D ITSELF, ITS SUCCESSORS ANO ASSIGNS TO-WARRANT AND FOREVER • DEFEND ALL AND SINGULAR THE SAIDPROPERTY UNTO DISTRI'CT, ITS SUCCESSORS AND- A53 I GNS, Y jp AGAINST EVER PERSON WHOM30EVEk,,L , AWFULLY CLAIMINO OR To CLAIM THE THEREOF. ,SAME OR ANY,PART 'CITY REAFFIRMS THE DEDICATION bF,THi'FQLLOWINQ DESCRIbEb '',PROPERTY FOR USE AS A PARK AREA, FOR JOINt USE THE- (ffTY 'AND THE,-, 'DiSTRIC'T-AS'-_3_ET FORTH IN PART Ill btLow�,- roR=50 LONG -AS k SCHOOL "Is MAINTAINED BY THE D'13TRICT ON THE ABOVE TRACT, A'7 ACRE TRACT OF LAND OUT OF LOT 8, SECTION E or THE PAISLEY"' SUBDIVISION or THE-HOFFmAN TRACT �Ag SHOWN BY MAP OF'RECORDAN VOLUME A, PAGE 28, NurcEs COUNTY, TEXAS, MAP RECORDS, 'AND'A . PORTION BEING; OUT or LOT.2 OF LYLE'S SU13DIV13ION ANNEX AS -SHOWN BY MAP OF RECORD IN VOLUME 271 PAGE 84, NUECES,606 NTYI •,TEXAsj MAP RECORQS,'S�AID 7 ACRE TRACT BEING MORE PARTICULARLY,' DESCRIBED BY METES ,AND SOUNDS AS FOLLOWS, TO-WIT: @EGINNINGAT THE NORTHEAST CORNER OF LOT T, 0 F.S Alo,L I YLE'S .."SUBDIVISION ANNEX FOR A CORNER 00 THIS TRACT; THENCE-, NORTH 61 UNSARY- 4o' WEST WITH Tk NORTHEAST 80 I NE ' OF SAID LOT 4 ; AND IT NORTHEASTERLY EXTENSION A DISTANCE OF 660'FECT.'TO A POINT FOR THE-SOUTHWEST - • CORNER OF THIS TRACT ;" y THL14 NORTH 2 0 8! 21 CE EAST, A DISTANCCOF FE'iT-_TO,' A POINT FOR -THE NORTHWEST CORNER OIF'THIS TRACTj'2"_.1, IL THENCE; T� 61 Of ANC 660 A �ou 0! EAST A"" STANCE OF -FEET TO POINT IN T11C SOUTHEAST BOUNDARY LINE OF SAID LOT 2 FoRr 7 THE NORTHEAST CORNER OF THIS TRACT,- THENCE, SOUTH 28'6 201 WEST WITH THE'SDUTHEAST BOUWDARY> LINE OF SAID LOT 2, • -A DISTANCE OF 111.0P FEET TO A POINT FOR A CORNER OF THIS TRACTI THENCE, NORTH 61,e 40, WEST A DISTANCE OF 335,00 FEET TO -.r A POINT IN THE NORTHWEST - BOUNDARY LINE OF PAID LOT 2 FOR AN INSIDE CORNER OF I#$ TRACT; j THENCE, '�OUTH 28 2011WEif WITH THE NORTHWEST BOUNDARY ,LINE Or SAID LOT Z,-A DISTANCE OF 390.10 FEET TO A POINT FOR AN INilIDE'tORNELI OF THIS TRACT) _83j'60 IT TO DI STANCE 01� _FE THENCE, SOUTH 40' EAST A A POINT IN THE SOUTHEAST BOUNDARY LINE or SAIDtOT 2 FOR J -A 'CORNER OF TH IS TRACT; THENCE SOUTH 28, 2q, WEST WITH THE SOUTHEAST BOUNDARY LINE, OF�,SAm LOT 2 OF, 158.90 FEC T-TO THE PLACE OF BEGINNING; IIERONAPTEk CALLED '7_1C`RE TRACT"—' ` FURTHERS' AT ANY TIME PRIOR TO ,DISCONTINUANCE OF THE USE OF SAID 3 ACRE TRACT BY DISTRICT AS A SCHOOL SITE, AND USED DURING THE USUAL SCHOOL' ' TERM,,CITY HEREBY GRANTS TO DISTRICT THE RIGHT TO PURCHASE SUCH 7-ACRE " TRACT UPON THE FOLLOWING TERMS AND CONDITIONSS ''- - (A) CITY SHALL GIVE DISTRICT AT LEAST 180 DAYS PRIOR TO CONSUMMATION OF A SALE BY WRITTEN NOTICE TO DISTRICT - ' _ OF SUCH ELECTION TO SELL., (B)'PRIOR TO THE EXPIRATION OF SUCH 180 -DAY PERIOD MEN — TIONED IN SUBPARAGRAPH-ABOVEX THE DISTRICY SHALL ' HAVE THE SOLE AND EXCLUSIVE RIGHT TO PURCHASE,SUCH y•' - 7-ACRE TRACT FROM CITY BY DEPOSITINS WITH ANY BANK OR _ TITLE COMPANY IN THE CITY, OF CORPUS CHRISTI, MUTUALLY -• ACCEPTABLE TO •CITY AND DISTRICTp AS ESCROW AGENT, THE { ' CASH SUM OF $16,100 PLUS AN ~AMOUNT ECUAL TO INTEREST ' THEREON AT TOE RATE, OF_ PER, ANNUM COMPUTED FROH Y . �..p. JANUARY 11' 91 s, TO THE DATE OF SUCH DEPOSIT WITH SUCH - ESCROW AGENT. • ..�K ORDER TO PROVIDE FOR THE JOINT "UTILIZATION BY CITY AND DISTRICT OF SUCH. 7 -ACRE TRACT, CITY AND DISTRICT, AGO EE AS FOLLOWS: - 1. As ITS INITIAL CONTRIBUTION TO THE,PROJECT, CITY SHALL BE RESPOy816LE_ FOR PREPARING A SURVEY OF THE PROPERTY, PRUNING THE TREES, _ - , LOCATED THEREON, REMOVING ANY EXISTIN3 ORUSIj PILES, FILLING A SMALL DEPRESSION t SUCH TRACT FROM MATERIAL OBTAINED FROM THE GOLLIHAR STORM SEWER PROJECT; AND xREGRADING "AND,DRAINING PTHE FILLED,AREA SO THAT THE "' ". ENTIRE 77 ACRE ,TRACT CAN BE MOVED WITH ROTARY MOWERS. 2. AS ITS INITIAL CONTRIBUTION TO THE PROJECT, DISTRICT -SHALL.r, 'INSTALL A PARKING AREA AND PLAYGROUND ,EQUIPMENT WHICH SHALL BE AVAILABLE FOR JOINT USE BY THE CITY AND DISTR,ICT, SO LONG ASS DURING THE SCHOOL' YEAR, 'SUCH USE`OY THE CITY DOES NOT INTERFERE'WI7H THE PRIMARY USE OF , SUCH TRACT FOR SCHOOL PURPOSES. t� `n'•- ,_ �' { - .cyan _. �• .i. .,� � .;;y . *i=j, ��` -�♦�i `" »; ,,+°°'�'" Fv., `.�,',�.� ti: T`' r a %'�,� � F -. r;�. }�,;•5, 'r �„_1tP" ;xx ` !j E" :'•7rT � r .. n�+�n k. - eX \ ��`/ dt .. , •• Y�'y y. 4,�r 1`y° y.' gyp'.; •• ?',.. •' I 1 ' `.,r •,. .,. , . f IN'ADDITJOta, DI'S,TRICT SHALL f'UR'NISH 'AND•INETALL -THE NECESSARY 'UTILITY' CONNECTIONS AND t%TENS10I1S WHICH ARC Cp3TQNARiCY. REQUIRED FOR AN ' ELEMENtARY SOHO& IgA443. , -i5 ey ;t,a'°.. ` • t �i• ' iiFTER THE C6NPLtT10N OP'Ttl£ {NITIAL^tIMPROVEHENTS, SUCH . � . "' ', '` '. ''• �' �'' 1•.' ' J i •, . ``. : s ,s'e`er ` y a�,..7 -ACRC- TRACT SHALL OE MAINTAINED AND DEYELO'PED JOIJJTLY:BY CITY AN61DISTRiCT ' AS THEY SHAL L MUTUALLY AGRIEC. a. - x ` ;+` .Y„• - r , .r•�" f' EXECUTED' IN DUPLICATE', T1 {.1 THE DAY ,OF ATTESTt CITY OF CORPUS CHRISTI TEXAS' By „ CITY SECRETARY R. MARVIN TOWNSENO, .wi r•. CITY MANAGER ' APPROVEdS s. _ , • .: JJ�_ `A ,. - t- -. _DAY Off' MA .1 _' >• ,; " F . - t ITY ATTORNEY^ CORPli3.CF#2I,STd INDEFIENDENT a SCHOOL DISTRICT ' " - - -" $9 RETARY - ,. .APPROVED: • _' `' - �'y ±y'�y..' i a ATTORNEY_ " _. - .. _ • ." - - tit .- - _ l� • .. .. w Y',J ° " - ;� "; �°` �• ° ,• • ,, ^ e. "i'i' ,' rid'. ti- I s CORPUS CHRISTI, XAS - y DAY OF , 19�� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. •• RESPECTFULLY, q 0 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS