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HomeMy WebLinkAbout13944 ORD - 09/14/1977jkh:9- 14 -77; 1st » 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH THE TEXAS PARKS AND WILDLIFE DEPART- MENT WHEREBY THE SAID PARKS AND WILDLIFE DEPARTMENT RELINQUISHES AND RECONVEYS TO THE CITY OF CORPUS CHRISTI ALL LEASEHOLD RIGHTS ON 5.79 ACRES OF LAND AT LAKE CORPUS CHRISTI, ALL AS IS MORE FULLY SET FORTH IN THE LEASE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS 'ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 lease amendment with the Texas Parks and Wildlife.Department whereby the said Parks and Wildlife Department relinquishes and reconveys to the City of Corpus Christi all leasehold rights on 5.79 acres of land at Lake Corpus Christi, more fully described as follows: FIELDNOTES for 5.79. acres of land out Yof "a•65.5 acre tract of land conveyed to the City of Corpus Christi from Arthur C. Jones dated August 24, 1934 and recorded'in Volume 105, Pages 153, 154, Deed Records of San Patricio County, Texas: BEGINNSNG at the upper Southeast corner of said 65.5 acre tract for the Southeast corner of this tract; THENCE North 75 °14'40" West, along an existing fence line on the boundary line of said 65.5 acre tract, 525.00 feet for the Southwest corner of this tract; THENCE North 46 111'00" East 421.90 feet for a corner of this tract; THENCE North 66 °43'35" East 378.63 feet for an inside corner of this tract; THENCE North 0 108140" West 190.15 feet for a corner of this tract; THENCE North 13 °14'15" West 91.05 feet for a corner of this tract;. THENCE North 44 °52'00" East 80.00 feet' to a point on the North boundary line of said 65.5 acre tract for the Northwest corner of this tract; THENCE South 68 150100" East, along said North boundary line, 99.43 feet for the Northeast corner of this tract; THENCE South 11 °27'40" West 658.15 feet for a corner of this tract; THENCE South 31 °37120" West 270.08 feet to the POINT OF BEGINNING. MICROFILMED JUL 0'71980 13944 a substantial copy of said lease amendment being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execute lease amendment as aforesaid 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 ordi- nance 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 thee' day of September, 1977. ATTEST: City Secretary A9��Qj1ED: DAY OF SEPTEMBER, 1977: J. BRUCE AYCOCK, CITY �ATTORNEY By, / Assistant Cit Attorney MAYOR THE CITY OF CORPUS CHRISTI', TEXAS Thi s ordinance is in effect and I force with or without the signature of the Mayor, in accordance with Article II section 6 of the City Charter. 'P � 4 LEASE AMENDMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X_ THAT WHEREAS, the Parks and Wildlife Department, an agency of the State of Texas (hereinafter called "Department ") is the owner and holder of a leasehold estate .comprised of 14,110.55 acres situated in San Patricio, Jim Wells and Live Oak Counties, Texas, granted by instrument dated November 14, 1933 from the City of Corpus Christi, Texas, as corrected by instrument dated October 26, 1944, which is devoted to State Park purposes; and WHEREAS, the City of Corpus Christi, in cooperation with the City of Mathis, Texas, has requested the relinquishment and reconveyance of a portion of said leasehold containing 5.79 acres described by field notes marked "Exhibit A" attached hereto and made a part hereof for all purposes and to that certain existing access road of an approximate width of twenty feet as used on the ground from State Highway 1068 to said property, in order that the City of Corpus Christi, Texas, can grant the City of Mathis, Texas, a lease on said portion for use as a water filtration plant site; and WHEREAS, the Department has determined that said portion is unsuitable for development as a part of Lake Corpus Christi State Park and finds that it can reconvey same to the City of Corpus Christi without detriment to said State Park; NOW THEREFORE, in consideration of the premises and the covenants and agreements herein contained, the original lease instrument and the subsequent correction instrument aforesaid between the parties is hereby modified in respect to the land subject to such leasehold estate as follows: The Department does hereby relinquish and reconvey all leasehold rights in the property described at Exhibit A and to that certain existing access road of an approximate width of twenty feet as used on the ground from State Highway 1068 to said property, to the City of Corpus Christi; Texas. , � x . `/' r EXECUTED this day of , 1977. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary R. Marvin Townsend, City Manager APPROVED: TEXAS PARKS AND WILDLIFE DEPARTMENT J. BRUCE AYCOCK, CITY ATTORNEY By: By Henry B, Burkett Assistant City Attorney Executive Director 9 � J 6/ Director of Financ STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, on this day personally appeared R. Marvin Townsend City Manager of the City of Corpus Christi whose name is sub- scribed to the foregoing instrument, and acknowledged to me that the same was the act and deed of the City of Corpus Christi for the purposes and considera- tions therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of _September , 1977. Notary Public in and for Nueces County, Texas STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, on this day personally appeared Henry B. Burkett, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act and deed of the Parks and Wildlife Department for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1977. Notary Public in and for Travis County, Texas - 2 - FIELDNOTES for 5.79 acres of land out of a 65.5 acre tract of land conveyed to the City of Corpus Christi from Arthur C. Jones dated August 24, 1934 and recorded in Volume 105, Pages 153, 154, Deed Records of San Patricio County, Texas: - BEGINNING at the upper Southeast corner of said 65.5 acre tract for the Southeast corner of this tract; THENCE North 75 °14'40" West, along an existing fence line on the boundary line of said 65.5 acre tract, 525.00 feet for the Southwest corner of this tract; THENCE North 46 °11'00" East 421.90 feet for a corner of this tract; THENCE North 66 °43'35" East 378.63 feet for an inside corner of this tract; THENCE North 0 °08'40" West 190.15 feet for a corner of this tract; THENCE North 13 °14115" West 91.05 feet for a corner of this tract; THENCE North 44 °52'00" East 80.00 feet to a point on the North boundary line of said 65.5 acre tract for the Northwest corner of this tract; THENCE South 68 °50'00" East, along said North boundary line, 99.43 feet for the Northeast corner of this tract; THENCE South 11 °27'40" West 658.15 feet for a corner of this tract; THENCE South 31 °37'20" West 270.08 feet to the POINT OF BEGINNING. F..1,41,4, e Corpus Christi, Texas !J"" day of i tv++ A , 19In 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 suspension 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 ordinance 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 tag following vote: Jason Luby ( )- Eduardo de Ases c.. David Diaz c Ruth Gill , Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby_ Eduardo de Ases n, I David Diaz Ruth Gill_ Bob Gulley Gabe Lozano, Sr. _ Edward L. Sample _ 13944