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HomeMy WebLinkAbout09706 ORD - 04/08/19701IWS: JKH:4 -8 -79 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE GIFT OF WEST -SIDE LIONS CLUB OF THE RED BARN RECREATION BUILDING AND PROPERTY AND TO EXECUTE SUCH INSTRUMENTS IN CONNECTION THEREWITH AS ARE PROPER AND NECESSARY, COPIES OF WHICH ARE 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 TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE GIFT FROM THE WEST -SIDE LIONS CLUB OF THE RED BARN RECREATION BUILDING AND PROPERTY, AND TO EXECUTE SUCH INSTRUMENTS IN CONNECTION THEREWITH AS ARE PROPER AND NECESSARY, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY, THE GIFT OF THE WEST -SIDE LIONS CLUB HEREIN DESCRIBED, SO THAT THE CITY MAY TAKE POSSESSION OF THE PROPERTY FOR RECREATIONAL PURPOSES 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 BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE_f DAY OF APRIL, 1970- ATTEST: CITY SEC ETA MA R APPROVED: (/ THE CITY OF CORPUS CHRISTI, TEXAS _DAY OF APRIL, 1970: CITY ATTORNEY 9706 ®6 CONTRACT OF CONDITIONAL GIFT STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X WHEREAS, the Corpus Christi Lions Club - (West -Side) (formerly the Lions Club -of Clarkwood), hereinafter called CLUB, is the owner of a certain tract of land being approximately 1.980 acres in size and being the remainder of a tract owned by such CLUB after condemnation for State Highway 44 out-of McElroy 40 acres of land in the West 5/8 of Survey 402, Abstract 988, and the East 3/8 of Survey 402, Abstract 1031, Nueces County, Texas, to- gether with all improvements thereon; and WHEREAS, there presently exists on such land a building owned by such CLUB which building is presently being used by the City of Corpus Christi, Texas, hereinafter called CITY, as .a community center; and WHEREAS, such building and the grounds there around are in need of substantial repairs for continued such use; and WHEREAS, such property is owned by the CLUB for the purposes of community service; and WHEREAS, such CLUB is desirous of giving such property, in- cluding the building thereon, to the CITY, to be used as a com- munity center, under the terms and conditions hereinafter set forth; and WHEREAS, the CITY is desirous of obtaining such property for use as a community center under such terms; NOW, THEREFORE, the CORPUS CHRISTI LIONS CLUB CWESTRSIDE1 (formerly the Lions Club of Clarkwood) and the CITY OF CORPUS CHRISTI do hereby contract and agree as follows, based upon the mutual and public benefits hereinafter set forth, to -wit: W I T N E S S E T H: 1. The CITY shall continue its present possession of the property pursuant to the terms of this contract. 2. Pursuant to the hereinafter set forth terms of this contract, a deed as is set forth as Exhibit "A" attached hereto, J, with accurate legal description added, will be executed by the CLUB as is called for pursuant to this contract. 3. Attached hereto is an unsigned copy of an agreement between the CLUB and Clarkwood Common School District concerning the building in question. CITY accepts such as giving CLUB authority to sell or shall otherwise satisfy itself concerning any rights of the School to such building, which pursuant to this contract, CLUB believes to be none. 4. That between January 1, 1970 and July 31, 1970, CITY will spend at.least Five Thousand Dollars ($5,000.00) on building and land improvements on such property, and the Corpus Christi West Side Lions Club will be reimbursed by CITY for present insurance paid and for the 1969 taxes paid, if any, and CITY will assume all of the taxes for the year 1970 and thereafter. S. -This contract will be held in escrow by the Dallas Title Company of Corpus Christi, Texas until the 31st day of August, 1970 upon which time if the conditions of Paragraph 4, above, have been met the CLUB will be obligated to execute the attached Deed with the appropriate legal description filled in. If the CITY has not at such time met the obligations of such.paragraph,' then upon such date this contract shall be held for naught and all rights of the CITY shall be held for naught and CITYIs rights under the contract and as to any improvements made by CITY shall be forfeited, b. If CITY desires a policy of title insurance with respect to such property, it may purchase the same at CITY's expense, 7. If CITY desires a survey of such property, it shall pay for the same and shall have the survey made prior to the closing of this contract pursuant to its terms so that the legal description obtained from such survey may be used in such closing, 8. In case any any objections to title are raised in said opinion, then the CLUB will have a reasonable time in which to -2- cure said objections and show good title and secure final approval of said title by the Title Company's attorneys. In the event of failure to so cure such defects, then this contract can be voided or the CLUB can be required to convey whatever title it has to CITY at CITYIs option, but CLUB shall never be liable to CITY for the cost of any improvements made by CXTY. 9. All taxes current and delinquent against such property shall be paid by CITY.. 10. CITY agrees to accept title subject to all restrictive covenants and-use limitations, easements and outstanding mineral reservations of record, if any, applicable to said property, 11. The CITY agrees to pay all expenses incident to the closing of this contract except that DAVID L. SMITH, Attorney at Law, will furnish legal representation to said CLUB with respect to such transaction and neither the CLUB nor the CITY will be responsible for a fee to him in such matter, 12. No real estate commission will be paid to anyone as result of this transaction and this transaction will be closed on or before the 15th day of August, A.D., 1970. 13, Should a dispute arise as to whether or not the Five Thousand Dollars C$5,000.00) requirement above has been met, then the arbitration clause set forth in the deed attached hereto as Exhibit "Al' shall control with respect to those monies, too, WITNESS OUR HANDS in triplicate originals this the day of A.D., 1970, AT CORPUS CHRISTI LIONS CLUB (WEST�SI•DE) By rt t esa ent , 9S.)-r-t-ry CITY OF CORPUS CHRISTI ATTEST: By R Z , C ity anager X. RAY KRING, City Secretary -3- STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personalty appeared M. E. JOHNSON and DAVID L. SMITH, President and Secretary, respectively, of the CORPUS CHRISTI LIONS CLUB (WEST - SIDE), (formerly Lions Club of Clarkwood, Clarkwood, Texas), known to me to be the persons and officers whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Lions Club, a non - profit corporation duly organized and existing under the laws of the State of Texas, and that they were duly authorized to perform the same by appropriate Resolution of the Board of Directors of such corporation and that they executed the same as the act of such corporation for the purposes and consideration therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the J day of , A.D., 1970. Aot rr ub zcxn and or ueces County, Texas NAOMI CASEY s' faww'M tq In and tar Nua m Ca ww' Tow STATE OF TEXAS r COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager, and T, RAY KRTNG, Citr Secretary, of the CITY OF CORPUS CHRISTI, TEXAS, known to me to be the persons and officers whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was the Act of said City, and that they were duly authorized to pern form the same by appropriate ordinance of said City and that they executed the same as the act of said City, for the purposes and consideration therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the` day of , A.D,, 1970, otary Publlc In an or ueces County, Texas .4n D E E D STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THAT I, W. L. D. WINSHIP, for and in behalf of the LIONS CLUB OF CLARKWOOD, CLARKWOOD, TEXAS, a duly organized and existing non - profit corporation, of the County of Nueces, State of Texas, said LIONS CLUB OF CLARKWOOD, CLARKWOOD, TEXAS, and its successor, the CORPUS CHRISTI LIONS CLUB - WEST SIDE, hereinafter referred to as Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by'Grantee herein named, and primarily as a gift to Grantee herein named, but the receipt of.which sum is hereby acknowledged, have granted, sold and conveyed, and by these presents do grant, sell and convey unto Grantee all of the following described real property in Nueces County, Texas, to -wit: 1.980 acres of land out of the McElroy 40 acres of land in the west 5/8 of Survey 402, Abstract 988 and the Fast 3/8 of Survey 402; Ahstract 1031 ,�Nueces County, Texas, and being all of the said lands therein owned by the said Lions Club of Clarkwood, whether the same be more or less. (Subject to being changed to a correct and exact legal description if survey made by the City of Corpus Christi). TO HAVE AND TO HOLD the above described premises, to- gether with all and singular the rights and appurtenances thereto in anywise belonging, unto said Grantee, its successors and assigns, forever; and we:do lereby bind ourselves, our heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under us but not otherwise. The further covenant, consideration and condition of this conveyance is that the following restrictions shall in all things be observed, followed and complied with: 1. That, including the Five Thousand Dollars ($5,000.00) in building and land improvements required by the contract which is consummated by this Deed, the CITY shall have spent not less than a total of Nine Thousand Five Hundred Dollars ($9,500.00) in building and land improvements on said property on or before July 31, 1971. With respect to the same, should any controversy arise as to whether such amount has been spent, it shall be arbitrated as follows: Grantors shall appoint an arbitrator, Grantee shall appoint an arbitrator and those two arbitrators shall appoint an arbitrator and the decision of those three arbitra- tors, by majoiity vote, shall control as to this provision. 2. That this property shall be known as the CLARKWOOD - WEST SIDE LIONS PARK, and a permanent plaque shall be placed upon such grounds on or before July 31, 1971, making such designation and recognizing -this gift, and the CITY shall use reasonable diligence to preserve such plaque in perpetuity. 3. That such property shall always be owned by the CITY OF CORPUS CHRISTI or its successors for continuous use as a public park and recreation center and for those purposes only, and shall be maintained by such CITY at the same or a better standard of condition as all of the terms and purposes set forth herein are generally known and defined as of the date of this .Deed. No charge shall be made by the Grantee to the public for such public uses,except: , (a) As to buildings thereon, normal nominal cleaning charges. (b) As to other improvements made thereby by the CITY, the usual and normal charges made for the use of such improvements or similar public parks or in similar public recreation centers else- where in the CITY. These restrictions and conditions above set forth shall be binding upon Grantee, its legal representatives and assigns and successors in perpetuity (and if such perpetuity should now be or ever be held to be in conflict with the law, then for the longest legal period possible) and in case of any violation -2- thereof the title to said premises and all improvements thereon shall, without entry or suit, immediately revert to and vest in the Grantor herein or its assigns or successors or if none, to Lions International or its successors or assigns, and this conveyance hereunder shall be null and void and Grantor, its successors and assigns, shall be entitled to immediate possession of such premises and the improvements thereon; and no act or omission upon the part of the Grantor herein, its successors.or assigns, shall be a waiver of the operation or enforcement;- of such condition. This Deed is subject to all restrictive covenants and use limitations, easements and outstanding mineral reservations of record, if any, applicable to.said property. EXECUTED this the day of , A.D., 1970. _, Authorized Agent STATE OF TEXAS X COUNTY OF NUECES Z BEFORE ME, the undersigned authority, on this day personally appeared W.L.D. WINSHIP, known to me to be the person whose ;name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the authorized -agent of the CORPUS CHRISTI LIONS CLUB - WEST SIDE,(formerly Lions Club of Clarkwood). GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 Notary Public i3i -and tor Nueces County, Texas .,g- 7a STATZ a TYA") KNOB ALL M SY THL'SIi SM j CWNTY a NUiiC85 Tivatthis agreement, made and entered into on this the 8th. day November, li54 by and betareen A. J. Kelly and 0. H. Davis, Trustees for Clarkwood Common Saraool District No. 20, of Nueces County, Texas, and Lions Club of Clarkwood, a corporation, acting herein by and through its proper officers, duly trereunto authorised, .til:Jis: Xi7i: That the said A. J. IL*Uy and 0. H. Davis, Trustees for Clarkwood Common School District No. 20, have given, granted and conveyed and do hereby give, grant and convey unto the +aid Lions Club of Clarkwood, a corporation, the good frame, sid%—la roof ouilding located on the meat end of the Clarkwaid School tract in Clarkwo•�d, Nuures County, Texas with the following agreements: The said Lions Club of Clarkwood is to move raid building from Its present location to the tract of lard belongir:g to Lio„e Club of Clarkwood located In State Survey 2io. 402, adjoiuint, the Southeast corner of 63a Townsite of Clarkwood, Nuecss County, Texas. It is understood and agreed that said building isto be used oy the said Lions Club of Clarkwuud for its own meetings, for a meeting place for Boy ;,coots, Cub Scouts and, under the su,urvision of the said Lions Club of Clarkwood, as a aeoting place.for other clubs aiui /or organizations In the Clarkwmwd cot - amity. It is further understood and arresd that in the event of a dissolution of the Lions Club -Jr Clarkwood or in the event of a sale by it of its assets that thereupon the paid Lions Club of Clarkwood shall pay to Clarkwood Common School District No. 20 the sum of TYRj;i; THjU,".AFiC vIlrg HWDRF.0 UO., A iF ($3,5W-CQ) as full consideration for the buildinf above mentioned unless the land above referred to, together with the above mentioned building, are dedicated by the slid Lions Club of Clarkwood as a puulic park and community center, or unless same ara dorated Ly the s4id Lions Club of Clarkwood tV a recognized charity suitable•Lo Lhe Trustees of Clarkwood Cosmos :cioul Dlstrict ho. 20. IN NXTHG:,S rfia F.OF, this agreement has been executed in du7pLicats this the day and date above set forth. Ti:U Td FOR GI..M -WD COX62)N .3CiSOuL DlzMaCT No. 20. Lume owu OF CLwdaz ATTE5Ts 33Y Si:Ci1iTAFtY . THS STATE OF Ta M ) COMTr OF HUE= ) B&La;: HE, the undersignod authority, on this day personally appeared A. J. Kelly and 0. H. Davis, Trustees for Clarkwoud Common School District No. 20, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they had executed the same for the purposes and considerations therein expressed, and in the capacities therein stated. Given under aw hand and seal of office this the day of NoveWmr, 1954. NOTAUY PUBLIC, NUSC COWrff, TEXAS. The 5TAT8 UO T'. XAS) . COUA'TY OF HU.r.Cfsi ) &ZORE NZ, the undoraigned authority, on this day personally appeared C. C. h,right, President or Lima Club of Clarkwoud, known to me to be the person whose name is subscribed to the foregoing iratrunent, and acknowledged Lo me that he had executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of Hovewber, 1954. NuTARY PUBLIC, XUSCS� COUNTY, Tom. Corpus Christi, Texas c day of TO THE MEMBERS OF TIE 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, 9� YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases ML- Ken McDaniel W. J. !' Wrangler" Roberts Ronnie Sizemore