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Home My WebLink About12410 ORD - 12/26/1974• JRR:jkh:hb:12 /24/74 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT A CROSS - CONVEYANCE TO AND FROM REAL ESTATE INVESTMENT TRUST OF AMERICA OF A PORTION OF WINNEBAGO STREET IN EXCHANGE FOR A PORTION OF THE SOUTH SIDE OF BLOCK 7, BLUFF PORTION, TO CURE AN ENCROACHMENT PROBLEM OF THE SUN - TEXACO BUILDING, A COPY OF WHICH CROSS - CONVEYANCE IS ATTACHED HERETO, MARKED EXHIBIT "A ", 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 execute and accept a cross- conveyance to and from Real Estate Invest- ment Trust of America of a portion of Winnebago Street in exchange for a portion of the south side of Block 7, Bluff Portion to the City of Corpus Christi, to cure an encroachment problem of the Sun - Texaco Building, a ccpy of which cross - conveyance is attached hereto and made a part hereof, marked Exhibit "A '. SECTION 2. The necessity to execute the aforesaid cross- conveyance at the earliest practicable date 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 take effect and be in full force and effect from and after its passage, IT IS *C--- ACCORDINGLY SO ORDAINED this theCLO day of Dec Lbber, . ATTE ecre Y y MAY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF DECEMBER, 1974: EXEC. ASST City Attorney 12M CROSS - CONVEYANCE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Whereas, the REAL ESTATE INVESTMENT TRUST OF AMERICA, a real estate investment trust created under the laws of the commonwealth of Massachusetts by Declaration of Trust dated November 1, 1955, as amended, hereinafter called REITA, owns Lot 7, Block 6, Bluff Portion of the City of Corpus Christi and also Block 7, Bluff Por- tion of the City of Corpus Christi, and a building known as the Sun - Texaco Building has been constructed on Lot 7, Block 6 and a survey has revealed that the Northwest corner of this building encroaches 0.1 foot over the property line of Lot 7, Block 6 onto Winnebago Street, with the edge of the building being on the lot line at the Northeast corner; and, Whereas, in order to provide for this slight encroachment for so long as the Sun - Texaco Building remains encroaching over the north line of Lot 7, Block 6, the City of Corpus Christi has agreed to relinquish to REITA a portion of the street adjacent to Lot 7, Block 6, in exchange for REITA's conveying to the City of Corpus Christi, for street purposes, a like amount of property along the North side of Winnebago street off of the South side of Block 7, as shown by a plat thereof marked Exhibit "A ", attached hereto and made a part hereof for all purposes. NOW, THEREFORE, in order to effect the agreement described above, the parties herein make the following conveyances: THAT the City of Corpus Christi, a municipal corporation of Nueces County, Texas, for and in consideration of Ten Dollars ($10.00) in hand paid by REITA, the receipt of which is hereby acknowledged, and in consideration of the premises and other valuable consideration, HAS RELEASED, CONVEYED and QUITCLAIMED, and by these presents does RELEASE, CONVEY and QUITCLAIM unto REITA, its successors and assigns, all of its right, title and interest in that certain 1.523 sq. ft. of land, being the South 0.10 feet of Winnebago Street, parallel and adjacent to Lot 7, Block 6, Bluff Portion of the City of Corpus Christi, a map is recorded in Volume "A" at page 3 of the Nueces , �1 • other valuable consideration, has GRANTED, BARGAINED, SOLD and CON- VEYED, for street purposes, and by these presents does GRANT, BAR- GAIN, SELL and CONVEY, for street purposes, unto the City of Corpus Christi, its successors and assigns, that certain 2.715 sq. ft. of land, being a portion of Block 7, Bluff Portion of the City of Corpus Christi, a map is recorded in Volume "A" at page 3 of the Nueces County, Texas Map Records, from which reference is hereby made, and which is more particularly described as follows: Commencing at the original southeast corner of Block 7 of the Bluff Portion of the City of Corpus Christi as stated above; Thence on the original north line of Winnebago Street,.north 89 degrees 39 minutes 40 seconds west, 15.00 feet to a concrete monument found marking the southeast corner of this tract and the place of be- ginning; Thence continue on the original north line of Winnebago Street, north 89 degrees 39 minutes 40 seconds west, 271.55 feet to a concrete monument found to mark the southwest corner of this tract; Thence north 34 degrees 54 minutes 04 seconds east, 0.12 feet to the northwest corner of this tract; Thence south 89 degrees 39 minutes 40 seconds east, parallel to and adjacent to the north line of Winnebago Street, 271.46 feet to the northeast corner of this tract; Thence south 13 degrees 38 minutes 39 seconds .east, 0.10 feet to the place of beginning. TO HAVE AND TO HOLD the above described premises for street purposes, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said City of Corpus Christi, its successors and assigns for so long as the building,known as the Sun - Texaco Building encroaches over and upon and north of the north property line of Lot 7, Block 6; and at such time that this encroach- ment is removed then the premises herein conveyed shall immediately revert to and vest in REITA, its successors and assigns, and the conveyance hereunder shall be null and void, and REITA, its succes- sors and assigns, shall be entitled to immediate possession of such premises. And REITA hereby binds itself, its successors and assigns, -3- 0 . 1 0 THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared , , of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public, Nueces County, Texas THE STATE OF' p COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared and , Trustees for REAL ESTATE INVESTMENT TRUST OF AMERICA, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said REAL ESTATE INVESTMENT TRUST OF AMERICA, a real estate investment trust created under the laws of the Commonwealth of Massachusetts, by Declaration of Trust dated November 1, 1955, as amended, and that they executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public, County of State of -5- • • to warrant and forever defend all and singular the premises conveyed herein unto the City of Corpus Christi, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not other- wise. EXECUTED as of this day of , 19 THE CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: City Attorney By REAL ESTATE INVESTMENT TRUST OF AMERICA By Trustee By Trustee By Trustee By Trustee The name Real Estate Investment Trust of America means the Trustees for the time being (as Trustees, but not personally) under a Declaration of Trust dated November 1, 1955, as amended, which is hereby referred to and a copy of which has been recorded among other places in the Registry of Deed of Suffolk County, Massachusetts, Book 7105, Page 69. Any agreement, obligation or liability made, entered into or incurred by or on behalf of REAL ESTATE INVESTMENT TRUST OF AMERICA binds only its trust property and no shareholder, Trustee, officer or agent of the trust assumes or shall be held to any liability there- for. -4- I • U Corpus Christi, Texas day of &.10, , 19 4_1 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark