HomeMy WebLinkAbout02424 ORD - 11/30/1948AN ORDINANCE
ADT$OHIZING AS DIRECTING THE CITY
MANAGER TO E%ECOTE A SPECIAL WAF2 MR
DEED
FOR AND ON BEHALF OF THE CITY OF
CORPUS OMSTI TO LINDALE. INC.. IN
EMMUNGE FOR LAS TO HE DEEDED THE
G= BY SAID I—AT , INC., AND DB&-
CLARING AN IiMGENCY.
BE IT ORDAINED BY THE CITY CODNCIL OF THE CITY OF CORPUS CHRISTI,
TEAS,
SECTION 1. That the City Manager is hereby authorized and directed
to execute a Special Warranty Deed for and on behalf of the City to Lindale,
Inc. In exchange for a deed from said Lindale, Sao. oovering lends set out
in copies of both exobauge deeds hereto attached aad made a part of this
ordinance for all intents and purposes.
i
TIM STATE OF TEXAS
NOW AU MN BI TNT pp ==I
COUNTY OF N9BUS d
That the City of Oorpm Christi, a mnhieipal. corporation bf the
Comity of Recess and State of Tease, for and in consideration of the wm
of Ten Boners ($30.00) sad other gold and valuable consideration to it
in hand paid by bindals, Tao., a Tease corporation, and in fbMer oowsid
Oration of the Conveyance by the said Litchis, Ina. to the said City of
Oorpue Chrlati of even data herewith of a certain 2.50 acre tract lying
122N lately to the Southeast of the tract herein conveyed, the receipt of
all of which is hereby aolmow?edged, has GRANTED, BAFGAII7&p, SOLD and =-
BEnD and, by these Piaeents, dose GRANT, BUGAiN, SELL and OONM unto
the said Liadale, 1uo., the following described tract or parcel of 1®d
lying and being situaW in NUSM ConntVV Tersa, and within the corporate
lI' to of the City of Oorpos Christi, and being mcre fully described as
fallowai
ding for connection at the Barth sub corner
of the High School 25 acre tract out of the 302.16 acre
E. B. Cole Tract and lying in the Westerly Boundary of
Swantwr Drive, said point heart% North 310 061 ®eat a
dintanCe of 1112.36 feet from the intersection of the
North Bo -dart' line of Minnesota Street and the heat
Boundary line of Ssectner Drive,
Thence North 310 06- Nast a distance of 492.64
feet along the Westerly Boundary of Suntuar Drive and
the Easterly boundary of a dedicatvM Public park, for a
South Eastern corner of the tract herein described,
Thence South 580 54' bleat a distance of 345.75 feet
to a
tribed point the South West corner of the tract herein don_
7
Thence North 270 54' East a distance of 98.57 feet
to the beginning of a Curve to the right, said curve
having a radios of 360.6 feet and having a length of arc
of 195.1 feet and an intersection angle of 310 01,
Thence following said curve 195.1 feet to a point,
said point being the and of the carve)
Thence North 580 554' But 48.0 feet on the tengant
to the move to a point,
Theme armmd a curve to the right having a radius
of 30 foot and an intersection angle of goo for a distance
of 47.32 feet being the length of the are of said ourve,
Thence South 310 06' beat a distance of 75.36 feet
to a point, the Place of beginning, and containing 0.61 acres.
And as a further consideration for this conveyance the said
biadele, Ina., by the acceptance of this deed, does hereby set aside 'a
strip of land five feet (59 in width off the South side of the tract
herein conveyed, and riming along the entire length of said South sido,
which said strip the said Tisdale, Inc. binds itself, its successors: and
assigns, 't4 keep open and unobstructed at all times for the free Sngreas
and egress and Uninterrupted Use as an easement and right-of.4my for the
Purpose Of constructing. laying and keeping public Utility lines and in-
stallatioee, and for the purpose of maintaining, mrvicin, and inspecting
Mid lines and installations under, on and along said tract.
The City hereby covenants and binds itself, its successors and
assigns, to and does hereby set aside a strip of ]and five feet (51) in
width off the North side of the tract adjoining the tract swain conveyed,
immediately to the South and running alW the entire length of the South
aids of the tract herein conveyed and immediately adjoining the same, which
said strip the City binds itself, its successors and assigns, to keep
open and unobstructed at all times for the free ingress and egress and
nnintelupted use as an easement and right -of -way for the purpose of Can_
.trading, laying and keeping public utility lines and installations and
for the purpose of maintaining. servicing and inspecting said lines end
installations under, on and along said tract.
And the City further aovemants and binds itself, its saccossore
end assigns, to maintain, by the planting and upkeep of ahrubbsry tbarc e,
a Pismire &trip fifteen feat (15') in width, adjoining said 5' easement
immediately to the South thereof and upon the treat immediately to the
South of the tract herein conveyed and running the entire length of the
South boundary of the tract herein conveyed, said planting strip being a
part of a park now owned by said City.
TO HAVE AND To HOLD the above described preniasa, together with
all and singular the rights and appsrtanscom thereto in anywise belonging
unto the said Lindale, Inc., its successors and assigns, foreverr and the
City of Corpus Owisti does hereby bled itself, its successors and assigns.
-a_
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to warrant and forever defend all and singular the said premises unto
the said LSHdale, Inc., its suo -O-Fs MA reign.' against every Person
i I
whomsoever lawfully claiming or tol o�aim thh some by, through or under
the said City of Corpse Chriatl., T�4s. 11"
WITRO the hard of the �id City of Corpus Ghrieti, this
day of November, 1948. F
i CITY OF OIaePUB ONsial
City Manager
MIMd
City—
THE STILTS OF TEAS
COUNTY OF HBFfiPS
BWM ME the ungsreigaed an qty, a Notary Pab3ia in and
for Hneoes Cagaty,exas, this day appeared H. H. Allen,
City manager of the City nY Oorpus ChrLi.�,T�ga, Inowa to me to be
the person whose name is eubscribed tot ��Qregoing imtramenta and
VIM acknowledged idle same to be the act of ��bk said City, and that he
executed the same for the p,�Wposes and consi"retion therein eapreased,
and as the act of said Citylof Corpus Qurst4 Texas.
GIVEN under etv hard and seal of office, this the _ day of
November, A. D. 1948.
i
Hota>tq blid,in and for
Hussar C-tya T.
I I t
i
THE STATE OF TEXAS I
COUNTY OF BNEOEB 8 sE KNOW ALL MEN BY THESE P =S,
That Lindale, Inc., a Taxes Corporation, acting herein by and through
G. H. Soaatner, its President, for and in consideration of Ten Dollars (510.00)
to it in hand paid by the City of Corpus Christi, a municipal corporation of
the County of Nueces and State of Terse, and in further consideration of the
conveyawe by the said City to said Lindale, Inc., of even date herewith of a
tract of land imoediately to the Northeast of the tract herein Conveyed and
containing .61 acress and other good and valuable considerations, receipt of
all of which is hereby acizowlddged, have OH6NTEC, M-An=, SOLD and COX-
a-4 by these presents, do OUR, UM M, BELL and CMIT unto the Said
City the following described tract or parcel of land lying and being situated
in lineeee County, Tesae, and within the corporate limits of the Said city of
Cerpne Chriati, and being more fully described as follows, to- wi:t,.
CoaMnoing for comlestiau at a 1 -1nch iron pipe, the North
West comet of the High School 25 Acre Tract out of the 302.16
acre L. B. Cole Tract and lying in the Easterly boundary of Soutb
Staples Street, said point bearing North 310 04t West a distance
of 1112.$6 feet from the intersection of the Borth Boundary line
Of Idlnseacta Street and the East Boundary line of South Staples
Strestj
Thence North 310 04, West along the materly boundary of
South Staples Street a distance of 130,61 to a point for a South
corner of the tract herein described and point of beginning,
Thsace continuing Borth 310 04, went along the Easterly
boundary of South Staples a distance of 362.013 feat to a point
for a North West corder of the tract herein describedj
The— North 580 54, East a distance of 602.32 feat to a
Point for a North Fast corner,
Thence South 27° 54' West a distance of 702.93 feet to a
point, the South corner of this tract and the place of beginningi
and, Containing 2.50 acres.
Lindale, Inc., hereby Covenants and binds itself, its successors
and assigns, to and dean hereby set aside a strip of land five feet (51) in
width off the south aide of the tract adjoining the tract herein Conveyed,
immediately to the north and running along the entire length of the north Side
of the tract herein conveyed and imediately adjoining the Same, which said
strip. Models, Inc., binds itself, its Successors and assigns, to keep open and
unobstructed at all times for the free ingress and agrees and uninterrupted use
as An ea®emeut and right- of-way for the purpose of constructing, laying and
keeping public utility lines and installations and for the purpose of maintain-
ing, servicing and inspecting said lines and installations under, an and along
said tract.
An a further consideration for thin a=rmyanoe and the granting
of mid easement by Lindale, Ism., the said City, by the acceptance of
this deed, dose hereby set aside a strip of lead five feet (50) in viAth
off the North aide of the tract herein conveyed and running along the en-
tire length of the said North aide, which said strip the City binds itself,
its suseeesors and assigns, to keep open and unobstraoted at all times for
the free ingrseas and egress and uninterrupted: use as an easement and right -
of-vay for the purpose of oonatrnnting, laying and keeping public utility
lines and installations and for the purpose of maintaining, servicing and
inspecting said lines and installations under, on and along said tract.
As a fortber consideration for this conveyance, the said City,
by the acceptance of this conveyance, does covenant and bind itselfs
its successors and assigns, to maintain, by the planting and upkeep of
shrubbery thereon, a planting strip fifteen feet (151) in width adjoin-
ing the South Side of the five foot (51) easement hersinabove granted and
running the entire length of said easement.
PROVIM, ROWMIR, and this conveyance is made upon the £o11cw-
ing express conditions and covenants, all of which are hereby declared to
run with the land herein conveyed and to each and every covenant and
condition the Orantee herein, and the assigns consent and covenant to ob-
serve and keep, that is to says
Firsts That no permanent grandstand or other seating arrange.
ment to be used in connection with sports events shall be erected on the
tract herein conveyed, either by the Grantee herein, or by enY assigns
lessee, licensee or permittea of the Grantee herein.
Seocndt That no permanent sUmatare or building of any type
whatsoever shall ever bf-erected for use for comwaroial purposes or used
for commercial purpoaee upon the premises herein conveyed, either by the
Grantee herein, or any assign, lessee, licenses or permittee of the
Grantee, provided however, that this said covenant and condition is not
designed to prohibit, and does not prohibit the vending of cold dridm
or other confections on the premiaes, provided that none of said drinks
and confections an manufactured or prepared on the premium) and pro-
vided that no more than two email b++idgs or stands of one -story cucr
etraction not to exceed twenty feet by twenty feet (201 x 201) in else
shall be created on the promises for such purpose of vending Cold drinks
-Q -
and confections and provided further that no each atructare'shall be
erected aloeer than one hundred feet (=*) to any bwAtdsry line of the
tract.
Third$ That no tennis aoert, ffeAdag Pool or other plaggroudd
egciPmamt upon the premiew shall be commercialized by tam City of corpus
Christi, or its a -18as, lease". licensees or permittian of the City, but
provided farther that this oovamant and condition is not designed to pro-
hibit and does not prohibit the City of Corpus Christi alan; (but not in-
cluding any aseiga, losses, licensee, or parmittee of the City), from
erecting and oosstracting on said tract a swimming Pools tennis courts gad
Other Playground equipment, nor does it prohibit the City of Corpus Christi
from making a charge for the use of the tennis courts and swimmLog pools
Provided that any ouch charge made shall be sufficient mmredy to defray
the expanse (or a part thereof) of the operation of the swimming pool and
the tennis courts,
Fourths That neither the Grantee herein, nor its assigns., .
leaseas, licensees or permittees shall erect any flood lights or other
lights or lighting devices giving off an eatraardinarily bright or
brilliant light upon the Premises herein conveyed, and all lights shell
be bo Placed or shaded that they will not shine directly toward residue
tial Property. Provided however that this covenant or condition is not
designed to Prevent and does not prohibit the Creates herein from ersctiag
and. conetrecting a lighting system within and upon the premises, said
eyntsm to be made up of ordinary street lights, and the lighting system
designed for the purpose of Permitting inspection of the Premises during
the night time hours and for permitting safe paSSagaway through the
Premises.
Fifths That no intoxicating beverages shall be vim, or sold -
upon the premises, either by the City of Corpus Christi, its asaigao,
lessees, licensees or permiteee.
Sixths That if the Grantee bereins its weignas lessees, li-
censeees Permittess, or any of thems shall knowingly breach and fail to
observe or enforce the covenants and conditions hereinabove set outs Said
Promises (bet not the buildings, fixtures and equipment erected thereon)
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shall revert to and beeom revested in the Grantor herein, its euoaeeeora
and seaigaS, as folly sa if these Presents had not been made.
R4 HAVE AND TO ggyp the above described prsxd s, together 'with
all and singular the rishte and appurtenances thereto in anywise belamg-
ing, =to the said City of Corpus Christi, its euccessote and assigns,
forever) Rod the said Lindals, Inc. does hereby hind itself, its a=—
Osseo" and aasigae to warrant and forever defend, all and singular,
the esid promisee unto the said City of Corpus Christi, its successors
and assigns, against every person whomsoever lawfully claiming or to claim
the Same or any part thereof.
IN MUM HNBNEGF, 'indsle, Inc., a Terse corporation, has
Caused these presents to be signed by a. B. Swantner, its President,
tharenatc authorized by proper resolution of said corporation, a copy
of which is hereto annexed, and its common seal herennto affixed, this
day of November, A. D. 1949.
I.31MUS, ING.,
ATTESTe
cre
THE STATE OF TESAS &
UwUwxx CF NNECES 0
BEPG$E NE, a Mary Psblio in and for Nueooa County, State of
Texan, an this day personally appeared G. N. 8wantnsr
I h to me to be
the person whose same is subscribed to the foregoing instrument, and
ANOnowledgod to me that he execrated the saw as the act and deed of Llndele,
Ina., of Corpus gwsti, Texas, end as the President thereof, and for the
pnrwess and considerations therein expressed.
Given Under n® band and seal of office, this __day of November,
A. D. 1948.
Notary Public in and for
Nsea®s Canty, Texas.
MWTICN 2. The aeoesalty for Perfecting necessary boundary
lines in relation to City oanad Property and that of m.Anle, Inc. creates
a public emergency and Public imperative necessity requiring the suspen-
Rion of the Charter rule that no ordinance or resolution eha11 be passed
finally am the date it is introduced and that each ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor
having declared that such public emergency and imperative necessity aziet,
mud having requested that such Charter rule be suspended, and that this
crdineaoe be Passed finally on the date of its intraduatioa and take Offset
and be in full force and effect from and after its passage, IT IS A0000-
INGLY So MWA=.
PASSED AND APPROM this .moo day of November, A. D. 1948.
ATTEST:
1
City of Corpus Christi, Tezas
se . 7W
APP809ED AS TO LEGAL FC9M.
itnv A .ox�noyC
J
s ant orney
i�
Corpus Christi, Texas
&oaemberp , 1946
TO TM OF TIM CITY COUNCIL
Corpus Christi, Teaes
Gentlemeas
For the reeeons set forth in the emergeaay clause of the
foregoing ordisumoe, a public emorgenoy and imperative necessity
exist for the suspension of the Charter rule or requirement that ao
,ordinance or resolution $ball be passed finally on the date it is
en
introduced, and that such ordinoo or resolution shall be read at
three meetings of the City Council; I, therefore, hereby 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,
Mal
i
City of Corpus Christi, Teayci
The Charter rule was suspended by the following votes
Wesley B. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by the ollowing votes
Wesley N. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Seery
Joe T. Dawson G
a4 D4