HomeMy WebLinkAbout10997 ORD - 07/26/1972JRR ;e;7 /19/7? ' L
1st `
AN ORDINANCE
4
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR GIFT OF REAL ESTATE FROM
k
J. R. SWANTNER, THE TERMS OF WHICH ARE
SET OUT IN THE COPY OF SAID CONTRACT
WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A ", AND MADE A PART HEREOF FOR ALL
PERTINENT PURPOSES; AND DECLARING AN e
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF "
CORPUS CHRISTI, TEXAS: „
` SECTION 1. That the City Manager be and he hereby
is authorized to execute a contract for gift of real estate
from J. R. Swantner, the terms of which are set out in a copy
of said contract which is attached hereto, marked Exhibit "A ",
and made a part hereof for all pertinent purposes.
SECTION 2. The necessity to execute the aforementioned °
contract so as to clarify the terms of the transfer of this
parcel of property creates a public emergency and 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 but 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,
and 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 aL--t4, day
of 1
J
ATTES
'r ,•
+
City Secret y MAYOR
THE CITY OF US CHRISTI, TEXAS -.
AR7
VED:
DA; 0 , 1972:
t1WRtiorney +
1.099'7
CONTRACT FOR GIFT
OF REAL ESTATE
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT made and entered into by and between
J. R. Swantner, hereinafter called Owner, of the County of
Nueces and State of Texas, not joined herein by his wife for
the reason that the hereinafter described property constitutes
,no .part of their homestead, ..and ..the „City -of Corpus ,Christi,
a municipal corporation, hereinafter called City, and for
such
W I T N E S S E T H
1. That Owner, upon the terms hereinafter set out,
hereby agrees to GIVE, GRANT and CONVEY unto the City, the
following described property situated in Corpus Christi,
Nueces County,'Texas, to -wit:
Being situated within the corporate limits
of the City of Corpus Christi, Texas, between,
West Shoreline Boulevard and Water Street,
being more particularly described as a por-
tion of the original R. W. Rayne Tract set
aside to J. B. Mitchell in the 4th clause
of a Deed of Partition duly recorded in
Volume Q, pages 262 -71, of the Deed Records
of Nueces County, Texas, and being a part
of the tract of lard conveyed by M. Peterson
and wife, Laura Peterson, to Roy Miller by
deed dated April 20th, 1927, recorded in
Volume 172, page 163, of the Nueces County
Deed Records, and further described by metes
and bounds as follows, to -wit:
BEGINNING at a point where the North boundary
of said Roy Miller Tract intersects the East
right -of -way line of Water Street, an 80 foot
road, the Northwest corner of this tract; said
point being the Southwest corner of Tract "A ",
Caroline Morris Tract, a subdivision of land
recorded in Volume 17, at page 25, Map Records
of Nueces County, Texas;
THENCE, North 81 deg. 45 min. 45 sec. East
along the North boundary of said Roy Miller
Tract a distance of 201.04 feet to a point
in the West right -of -way line of West
Shoreline Boulevard, a 70 foot road, for
the Northeast corner;
THENCE, South 2 deg. 24 min. 30 sec. East
along the West right -of -way line of said
West Shoreline Boulevard, a distance of
80.42 feet to a point for the Southeast
corner;
THENCE, South 81 deg. 45 min. 45 sec. West
a distance of 201.04 feet to a point in
the east right -of -way line of said Water
Street for the Southwest corner;
THENCE,- -North 2 -deg. 24• -min. 30 sec. East
along the East right -o£ -way line of said
Water Street a distance of 80.42 feet to
the Northwest corner and place of beginning.
2. The agreement of the Owner to give, grant and
convey the above described property to the City, and the
conveyance to be made by the Owner to the City pursuant
hereto, are expressly subject to the following conditions,
covenants, restrictions and possibility of reverter:
(a) Upon the conveyance of the above described
property by the Owner to the City, and coincidentally and
simultaneously with such conveyance, the City shall pay to
the Owner the sum of Thirty -Six Thousand Two Hundred Twenty -
Five Dollars and No /100 ($36,225.00), and the Owner shall pay
to First State Bank of Corpus Christi the entire amount, princi-
pal and interest, of that certain note executed by Owner to said
First State Bank of Corpus Christi dated November 30, 1971, in
the principal amount of Thirty -Five Thousand Dollars and No /100
($35,000.00), said note being secured by a deed of trust of even
date therewith upon the above described property, which said
deed of trust is of record in the Deed of Trust Records of
Nueces County, Texas, to which reference is here made for all
purposes. The Owner shall procure and cause to be recorded a
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release of the above described lien, including an acknowledgment
by the First State Bank of Corpus Christi of the full and
final payment by the Owner of said note, principal and inter-
est.
(b) The City will offer, on the date of
closing hereunder, to the Corpus Christi Area Tourist Bureau
a lease of the above described property for a term of five (5)
years, in the form of "Exhibit A ", attached hereto and in-
corporated-herein. It..is the intention that said property shall
'be devoted entirely and at all times to the purposes of promoting
tourism in Corpus Christi and serving tourists in the City.
Further it is anticipated that said property will be thus
devoted to said purposes for more than five (5) years. The
said Tourist Bureau may erect any lawful improvements upon said "
property for its use, or for the use of others, subject to the
City's approval. For such construction of improvements the Bureau
may encumber said improvements, provided, however, upon termina-
tion of its lease, said Bureau, its successor or assign, shall
fully pay.or otherwise discharge any and all liens, encumbrances,
or indebtednesses thus incurred.
(c) All of the rights of the City to a convey-
ance of the above described property are expressly subject to
the City's approval of an ordinance authorizing execution of
a contract by the City at or before 5:00 o'clock p.m., on
Wednesday, July 26, 1972. This contract shall be closed and
consummated in the office of the City Manager of the City of
Corpus Christi, in the City Hall of the City of Corpus Christi,
Texas, or in the office of such title insurance company as the
City may select to insure the title conveyed to the City under
the terms hereof.
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(d) Except for the payment of the amount
of the outstanding indebtedness to First State Bank of Corpus
Christi secured by a deed of trust lien upon the above described
property, the conveyance of this property to the City of Corpus
Christi is a gift thereof by the Owner.
(e) -The City shall pay the normal closing
costs of this transaction, including any cost of a policy of
title insurance which the City may desire to obtain in connec-
tion with this gift, the only obligation of the Owner being to
convey the title to said property to the City, by special
warranty deed, subject to any unpaid taxes for the year 1972
and subject to the City's compliance with all of the terms and
conditions herein, said deed*to contain the restriction that for
a period of five (5) years from and after the date of the con- 1
veyance of the above described property by the Owner to the
City, said property shall be devoted to the exclusive use of
Corpus Christi Area Tourist Bureau, and said Corpus Christi
Area Tourist Bureau shall be afforded the right to the exclu-
sive possession of said premises in preference to any right of
possession in any other person, firm, corporation or entity,
said possession to be in accordance with the terms of the
lease attached hereto and incorporated herein as Exhibit "A ".
In the event of any violation of this condition and restriction,
then the conveyance hereunder shall be null and void and the
above described land and premises shall absolutely revert to
the Grantor herein, his heirs and assigns, upon their repayment
to the City of the sum of Thirty -Six Thousand Two Hundred Twenty -
Five Dollars and No /100 ($36,225.00) paid to the Owner by the
City in accordance with the terms of paragraph 2(a) above; and
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no act or omission upon the part of any of them shall be a
waiver of the operation or enforcement of such covenant or of
such condition.
(f) The City agrees to accept title subject
to all restrictions and use limitations, if any; of record at
date Grantor obtained title to said property and all city
zoning and regulatory ordinances, if any, applicable to said
property.
3. In the event of the „failure.of the ,City „of .Corpus
Christi and the Corpus Christi Area Tourist Bureau to fully
comply with all of the terms and conditions hereof, and accept
conveyance of said property in accordance with this contract on
or before 5 :00 o'clock p.m., on August 1, 1972, all obligations
of both the Owner and the City hereunder shall cease, shall be '
of no further force and effect, and both Owner and the City of
Corpus Christi shall be released from any further liability
under the terms hereof, except such expenses and costs as may
be incurred by the City in connection with its attempts to
comply with the terms hereof.
EXECUTED BY the Owner this the ,2zday of July,
1972.
�1
. Swantner
EXECUTED BY the Cit of Corpus Christi this the
Jay of July, 1972.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
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By
R. Marvin Townsend
City Manager
APPROVED:
DAY OF JULY, 1972:
City Attorney
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A
JRR:1114: vp
7/20/72 :1st •
THE STATE OF TEXAS ' X
X M40W ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
WHEREAS, the City of Corpus-Christi, hereinafter called "CITY ",
is the owner of certain property, more fully described herein; and
WHEREAS, the City acquired said hereinafter described property
Pursuant to certain conditions, covenants and restrictions more fully
described in the Contract for Gift of Real Estate between the City and
J. R. Swantner; and
WHEREAS, the City desires to fulfill said conditions, covenants
and restrictions and lease said property to the Corpus Christi Tourist
Bureau, hereinafter called "BUREAU ", for a term of five (5) years, in
accordance with said contract:
NOW, THEREFORE, in consideration of the premises and for and in
consideration of the charges, fees, rental covenants, and agreements con-
tained herein, the parties hereto do hereby agree on the following:
ARTICLE I
The parties mutually agree that the term of this lease be for a
period of five (5) years, the effective date being the date of the closing
Of the Contract for Gift of Real Estate between the City and J. R. Swantner,
and extending for a period of five (5) years therefrom.
ARTICLE II
The parties mutually agree that the premises leased are described
as follows:
Being situated within the corporate limits of the
City of Corpus Christi, Texas, between West Shoreline
Boulevard and water Street, being more particularly
described as a portion of the original R. W. Rayne
Tract set aside to J. B. Mitchell in the 4th clause - of a Deed of Partition duly recorded in Volume Q, pages
262 -71, of the Deed Records of Nueces County, Texas,
and being a part of-the tract of land conveyed by
M. Peterson and wife, Laura Peterson, to Roy Miller
by deed dated April 20, 1927, recorded in Volume 172,
page 163, of the Nueces County Deed Records, and further
described by metes and bounds as follows, to -wit:
5X H 1 0/T `A"
7 /20/72:lst
BEGINNING at a point where the North boundary of
said Roy Miller Tract intersects the East right -
of -way line of Water Street, an 80 foot road, the
Northwest corner of this tract; said point being
the southwest corner of Tract "A ", Caroline Morris
Tract, a subdivision of land recorded in Volume 17,
at page 25, Map Records of Nueces County, Texas;
THENCE, North 81 deg. 45 min. 45 sec. East along the
North boundary of said Roy Miller Tract a distance
of 201.04 feet to a point in the West right -of -way
line of West Shoreline Boulevard, a 70 foot road, for
the Northeast corner;
THENCE, South 2 deg. 24 min. 30 sec. East along the
West right -of -way line of said West Shoreline
Boulevard, a distance of 80.42 feet to a point for
the Southeast corner;
THENCE, South 81 deg. 45 min. 45 sec. West a distance
of 201.04 feet to a point in the East right -of -way
line of said Water Street for the Southwest corner;
THENCE, North 2 deg. 24 min. 30 sec. East along the
East right -of -way line of said Water Street a distance
of 80.42 feet to the Northwest corner and place of
beginning.
ARTICLE III
The parties mutually agree that the premises leased, hereinabove
described, shall be devoted to the exclusive use of the Corpus Christi Area
Tourist Bureau and that said Bureau shall be afforded the right to the
exclusive possession of said premises for the term of this lease.
ARTICLE IV
Bureau shall have the right to erect lawful improvements on the
Premises as it may desire for its own use or for the use of others, subject
to City's approval. Bureau agrees to fully pay and discharge any lien,
encumbrance, or indebtedness created in connection with improvements erected
on the premises.
ARTICLE V
The parties mutually agree that the hereinabove described premises
shall be devoted entirely and at all times to the purposes of promoting
tourism in Corpus Christi and serving tourists in the City.
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ARTICLE VI
Bureau agrees to provide public liability insurance in the amounts
of not less than $100,000 per person per occurrence and not less than
$300,000 per occurrence.
ARTICLE VII
Bureau agrees that none of its agents shall be considered as employees
of the City and the City shall not be liable in any way for injury sustained
to the person of these agents.
ARTICLE VIII
Bureau further agrees that City shall not be liable for any loss
Of property of Bureau or of the agents thereof which might occur.
ARTICLE IX
Bureau agrees to indemnify and hold harmless City from any liability
and /or claims arising out of the operation of this lease.
ARTICLE X
The Bureau agrees to keep the premises and any structures erected
thereon in good repair.
ARTICLE XI
The Bureau agrees that it shall not discriminate against any per-
son, tourist, or employee on the basis of race, sex, religion or national
origin.
EXECUTED IN DUPLICATE, each of which shall be considered an
original, this the day of , 1972.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R, Marvin Townsend
City Manager
APPROVED:
DAY OF_-_, 1972: CORPUS CHRISTI TOURIST BUREAU
City Attorney BY.
CORPUS CHRISTI, TEXAS
DAY OF D 19_7�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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 15 INTRODUCED, AND THAT SUCII 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.
Z 10
MAYOR
THE CITY O+R'*ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE $IZEMDRE
CHARLES A. BDNNIWE LL
ROBERTO Bos,uEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GAGE L()zA NOS $R,
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE $IZEM()RE
CHARLES A. BDNNIWELL
ROBERT() BOSQUEZ, M.D.,r,
REV. HAROLD T. BRANCH
THOMAS V. GONZALES �
GABE L()ZA NOS $R.
J. Howaeo STARK �