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HomeMy WebLinkAbout10999 ORD - 07/31/1972JRR:jkh :7- 28 -72; 2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR GIFT OF REAL ESTATE FROM 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; APPROPRIATING OUT OF NO. 103 TOURIST AND CONVENTION FUND THE SUM OF $36,225 FOR THE ACQUISITION OF THE PARCEL OF LAND MORE FULLY DESCRIBED IN THE SAID CON- TRACT; 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 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. There is hereby appropriated out of the No. 103 Tourist and Convention Fund the sum of $36,225 for the acquisition of the parcel of land more fully described in the said contract. SECTION 3. The necessity to execute the aforementioned contract and to make appropriation of the necessary funds so as to effect the transfer of the said parcel or tract of property . 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 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 introductiamand take effect and be in full force and effect from and after jr4 passage, IT IS ACCORDINGLY SO ORDAINED, this the J/G , 1972. 1 / ' MAYOR THE CITY OF CORPU CHRISTI, TEXAS 10999 CONTRACT FOR GIFT OF REAL ESTATE THE STATE OF TEXAS j( 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 or 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 °deFg. 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. 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 -2- �1 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- I est. (b) The City will offer, on the date of closing hereunder, to the Corpus Christi Area Tourist Bureau I 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 mny select to insure the title conveyed to the City under the terms hereof. -3- Y (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- 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 11 -4- 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 day of July, 1972. JZ 'Y/Gy . R. Swantner EXECUTED BY the Cit' of Corpus Christi this the day of July, 1972. City Secretary -5- CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager APPROVED: DAY OF JULY, 1972: City Attorney -6- JRR:6I14:vp . 7/20/72:lst THE STATE OF TEXAS X X KNOW 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. (?. Swantner; and 'WHEREAS, the City`desires'to 'firfill 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: 5 X H 1 13 / _r "/1 " JIi1t :tLt:vp 7/20/72:15t• 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 recordcd•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 he 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 comiection 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. -2- JRR: MM: vp 7/21/72:2d 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 By City Attorney - - - s.N+'+` .. �- a uf.n, �1:` ., r .. ..2 �. .r. .. r . t ___ _ - •;•V4.. ._p �,' ... CORPUS CHRISTI, TEXAS IDA-1. F L.LiL,c 197,Z - 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. - TFULLY, Mal THE CITY OF ORPUS RI 1, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ✓ ROBERTO BOSQUEZ, M. D. REV. HAROLD T. BRANCH r THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING OTE. • RONNIE SIZEMORE f CHARLES A. BONNIWELL ✓ ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES d GA BE LOZANO, SR. J. HOWARD STARK