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HomeMy WebLinkAbout02491 ORD - 03/22/1949.. AJ ORDINA:,TCE - " -- _ AVi'HORiLIIv'G AIM DIREOTING THE CITY MANAGBY. TO E7C;'CDTE 1, ZYNOTAL WAR1l 7y DEED FOR AND Oil Hn•3ALF OF THE CITY TO JAi•EI S B. Ai;D RAO.Et CLAR% CMVBy- ING A PCPTICI l;F, LOTS 5, 7, 9 AND 11, ZN BLOCK 99, Il: TIE BROOZLYN ADDITION TO TAE CITY OF CORY "o CM T6'2:; I; h_f,) DECLFSiP_:G AN E1TiRGE:ICY. :d &IRI S, the City Council by Ordinance No. 71x43 authorized the City Manager to oxecute a Special darranty Deed co- scrim a potion of Lots 5, 7, 9 and 11, in Block 99, Brooklyn Addition; and, ika— 'ELLS, ',he description set out in said ordinance was in error; end, :kiILZBASS, said land authorized to be conveyed in ordinance 1•:o. 2L[43 has been conveyed back to the City by Jai. -es B. Clark and i£e, Rachel Claris; and; -+iME&S, it is necessary that the Deed authorizinc, this ordinance be executed to correct the error made in the Deed set out in Ordinance IT,- a43. ?•70:7, iii "3Ri YQT!'s', BE IT 0 LD.^.Ii;�'D Bti T:IG CI^2' 0OL11,,70IL OF TiIS L'rT'I OF CWj?US C::'-1ST1, iE�uvS: SECTION1 1. The, the City :.iamEer is hereby authorized and directed to execute e. Special :.arranty Deed for and on behalf of the City to James E. and Rachel Clark o—ying a portion of Lots 5, 7, 9 and 11, in Block 99 of the Brooklyn Addition to the City of Corpus Christi, 'Texas, a copy of said Deed being attached hereto and *.made a part hereof for all pertinent p—oses. 1 , STATE OF MA8 . OOWr& INOff ALL BBB Br 2mCm FBBMMS, That the City of Corpus Christi, Texas, a- Mmdoipal ourporatiam for and In oansideration of the sum of Sea Deilers (110.00) -to'it in hand paid by Jaasrs H. Olark and wife, Rachel Clark,. and ather good and valuable cQ0XidWati+sae, has granted, bargained, sold and eanaayed and by these presents does grant, bargain, all and acnvay mto the said Jmass R. Clark and wife, Reebal Clark of Aueaoa County, TOM", the folloring dcacribsd tract or parcel of land located in Nuoas County, Taxas, mithdn the corporate limits of the City of Corpus Christi, Texas, and beiab a partioa of tWXU=0WK .Late Ho. Size (5). aeoen (7), Hine (9) and Fa* Tau (11), in Bleak Ho. Ninety -Mim. (99), of time ft*ak ya Addition to tbo City of Corpus. Christi, Taxes. ore shown by the Official Yep or Flat thereof of record in Yclnes A. at page 31 of the Nap, aoorda of Ymeeea CdWntY, T01ma, to which reference is beraby made for all pertinent pm - psasa. this treat being Mors partioaiarly described by motes end bounds u foUosa, to -wits beginning at t}a northwest owner of lot 11. Black 99 of said Brooklyn Whine ram for the north oor of this traotl Thence ]P-431 aroaaiag Iota 11. 9, 7 and 5. ■ distamm of 23OL54foot to the aoutl o4r0w of let lot 5 for the Death aMW Of this trestl Thence IO&W -12* E with the south line of Lot 5, a dia- teaae of 1330 feet to the sowtbmest corner of Lot 5 -for the. want aeraer of this tracts thonee N 3104BI I with the vest line of Leta 5. 7,. 9, and 11 to the place of beginning SO RM AND SO BOLD to above described pxeaisee, together with all and aingelar the r4hta and appurt*umoes thereto is e--Wwia bclongiag, mmto the said Janes 8. Clark and wife, &aebal Clark, their heirs, suooeacara and aaeigns, forever, and the City of Corpus Christi. Seas, does hereby bind itself, its saeoeasers and casigns, to warrant anal forever defaced all sad singplar the acid pxatisss arms tbs raid Jk a R. Clark and wife. Bachal 'Clark. their heirs. saeeeesota and urdga• against every person mhmsaeever. I- Mil Ily claiming oz to sladM the same or say part therwof. bY, ibrough or wider said City of Carpw Christi. Teas. It is aspregaiy adersbood, hoseeer. that this Bead is made abject to that certain aimarsl rssarvatisa< is favor of Haaramty Title and Trost Cam, trustee, at al, as act Mt In a Bend to Us City of Carp" Christi, 10,,m. ahrtad DaaMbw Ise. 1%0, which was tiled far record fa the effioe of the CemniT Cush or `!masse COMEW. ,I.sre. . it.rsrbrr gg. 190, N- ag== this d.7 of R.,&. A. D. 1919• Al=t AMO9ID AS TO LOM FaWk city r-Y CITY OF COBPQw- :CmST1. DIAS ay: STATE OF TEXAS Oum or "Ban BWt1iS1 a. the ys&rsig�d wthority. em this day POriQII" R - $", E. AUm. �A to ae to thr Poem Whrrr m.t it WWW'b" �r gpiag i�rtr..Wa W City Sa6rgar at thr City of Corp" ChrW4, %rise* sad lydgad to m that hs ""Eked tha mm as the set msd 4 �rr of tthe d Litre and r for reel tharaof, rad in his offioiel o awalarrrtioe theraia r:Prssaed. .. GIVEN 1=0 @Y IAID AHD SEAL OF OFFICE. this day of MLv", A. D. 1910. e ar cosmty, Tex". SECTIOU 2. The necessity for procuring proper right- of —y for U. S. highway No. 181 vvithin the City limits creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 several meetings of the City C'ounoil, and the ,:isy_ having declared that such public emergency and imperative necessit}- exist, and 'having requested t-b such C!—tor rule be suspended, and that this ordinance be passed finally on the date of its introduction and tar© effect and be in full force and effect from and after its passage, IY IS �;COviL'"li?GLX SO G:tDAIN:;D. PASSED :d.D _.PE` GD Ghis&�a day of a�iara , A. J. 1949. AT'.3ST; City T6 L3vv,L POPur °. ity Atto )) y V� Il�AY07 �,il'i City of Corpus Cku isti, Texas Corpus Christi, Texas Maroh.g1_ , 1949 TO lirD I.31MEiS OF TIE CITY CCUNIL Corpus Christi, Texas o,entlenen: For the reasons set forth in the energency clause of the f:oregoin*, ordinance, a public emergency :nd imperative necessity exist for the suspen- sion of the Charter rule or requirc:ent that no ordinance or resolution shall be passed finally on the date it is introduced, and thzt such ordinance or resolutior shall be road at' three meetings of the City Council; I, 'wherefore, hereby request that you suspend said Charter rule or re ^uircncnt and osss this ordinance finally on the data it is introduced, or at the present r..eeting of the City Council. 3espec'.ully, Cit °; of Corpus Christi, 'eras The Charter rule 1 -:as suspended by the fcllmving vote: S.siey E. Seale George B. Clark, Jr. John A. Ferris a. R. .—Y Joe T. Dawson '1"ne above .,dinar... ,.. passed by the fo,. o¢i:. vote: Fiesley s'. Seale George R. Clark, Jr. John k. Ferris R. R. Henry Joe I. Dawson L-2 4q/ i 4 Amount t£ t y� Number _ 900.00 I 40.998 GUARANTY TITLE AND TRUST COMPANY, a corporation of Corpus Christi, Texas, herein called the Company, for value, does hereby guarantee to THE CITY OF CORPUS CHRISTI, TEXAS successors herein styled insured, following nPdixa�r�ro perry: ryt�;xhat in N has good and indefeasible title to the following described real property: SStuetad in Nuecee County,Texas, and being Lot No. Seven (7) in Block No. One Hundred (100), Brooklyn Addition to the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume "A ", page 32, Nap Records of N'ueces County Texas; SAVE AND EXCEPT, however, all of the minerals of said land, but without the right of ingress and egress thereto for the purpose of explor- ing, drilling, mining or taking said minerals therefrom. And being the same property conveyed by King Ranch to The City of Corpus Christi, Texas, by deed dated February 9th, 1949, which was filed for record in the office of the County Clerk of Nueces County, Texas, on April 7, 1949 at 4:14 o'clock P. N. subject to: 1. Following liens: N 0 N E 2. Restrictive covenants affecting the property above described. 3. Any discrepancies in area and boundaries which a correct survey would show. 4. Rights of Parties in Possession. 5. Taxes for the year 1949 and thereafter. 6. Provisions of City Zoning Ordinances. 7. Reservation of all minerals made in the above described deed. 8. Right of R. M. Nc%echnie and his wife as of July 3, 1916, if any, and their heirs and assigns in and to said property. Said Company shall not be liable in a greater amount than the actual monetary loss of insured, and in no event shall said Company be liable for more than NINE HUNDRED AND NO 1100 ($900.00) - - - - - - - DOLLARS, and shall, at its own cost, defend said insured in every suit or proceeding on any claim against or right to said land, or any part thereof, adverse to the title hereby guaranteed, provided the party or parties entitled to such defense shall, within a reasonable time after the commencement of such suit or proceeding and in ample time for defense therein, give said Company written notice of the pend- eney of the suit or proceeding, and authority to defend, and said Company shall not be liable until such adverse claim or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse claim or right so established shall be for less than the whole of the property, then the liability of the company shall he only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse claim or right established may bear to the whole property. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to such claim or demand; provided, however, that failure to notify shall not prejudice the claim of the assured, if such assured shall not be a party to such action or procedure, nor be served with process therein, nor have any, knowledge thereof, nor in any case, unless the company shall be actually prejudiced by such failure. Upon payment of any loss bereunder, the Company shall be entitled to be subrogated to all rights of insured against all other parties. - Upon sale of the property covered hereby, this policy automatically thereupon shall become a warrantor's policy and the insured, his heirs, executors and administrators, shall for a pperiod of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he or they may sustain on account of any warranty contained in the deed executed by insured covering said property. The Company to be liable under said war- ranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof, (and not excepted above) such liability not to exceed the amount above written. IN WITNESS WHEREOF, Guaranty Title and Trust Company has caused its corporate name and seal to be hereto affixed by its duly authorized officers, this 7th day of April A.13.1949 at 4:14 o'clock P. M. GUARANTY TITLE AND TRUST COMPANY By........ .�. .. �..... .. ............................... President. (sl�t) Attest; ±✓ 1 _.._...... .•./t- CcaErnv __........ �s s f s to nt secretary,. C C > 1` H n H a y a r K 04 o rr7 } a H z - '4 _ z C .� ci m n CID R �,