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HomeMy WebLinkAbout03181 ORD - 12/10/1951im5ingertgp• »7 December 10, 1051 "1 r ;+� _91"d1 q5 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF.& THE-CITY OF CORPUS CHRISTI A HELEASE.TO ANY CLAIM OF LIEN ON LOTS 10 AND.12, IN—BILWg 88, BROOKLYN ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, OR THE PURPOSE OF CLEARING THE TITLE TO SAID PROPERTY; AND DECLARING AN EMERGENCY. WBEREAS, The City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, has heretofore enter into certain contracts and agreements with Ed Pe Williams, Trustee, pro- viding for the purchase of portions of Lots Nos. 6 and 8 in Block 88 of Brooklyn Addition to the City of Corpus Christi, Texas, by said City, the consideration therefor being, among other things, the con- veyance to said Ed P. Williams, Trustee by said City of portions of Lots Nos. 10 and 12 in-Block 88 of Brooklyn Addition to the City of Corpus Christi, Texas; and WHEREAS, The City Council of the City of Corpus Christi, Texas, did on the 16th day of November, 1948, by Ordinance No. 2413, in conformity with said contracts and agreements, authorize its City Manager, in behalf of said City, to execute a deed to Ed P. Williams, Trustee, covering the portions of said Lots Nos. 10 and 12 in Block 88 of Brooklyn Addition, called for in contracts and agreements; said deed executed in pursuance of said authority now appearing of record in Volume 116 at page 505 of the Deed Records of Nueces County, Texas; and WHEREAS, Ed P. Williams, Trustee, etal, in conformity with said contracts and agreements, has heretofore executed a deed to the City of Corpus Christi covering the portions of said Lots Nos. 6 and 8, Block 88, of Brooklyn Addition, called for therein, said deeds now appearing of record in Jolume 416 at page 502 of the Deed Records of Nueces 0ounty, Texas; and VAMIEAS, The City of Corpus Christi, now holds a policy of title insurance covering the property deeded by said Ed P. Williams, Trustee et al, and the City of Corpus Christi is adequately protected by said policy of title insurance o$ all of the consideration k expended by the City in acquiring said portions of said Lots 6 and 8, Block 88, Brooklyn Addition, and � WHEREAS, some question has arisen as regarding the•title f!` to the portions of said Lots Nos. 10 and 12, in Block 88, of Brooklyn Addition heretofore conveyed to Ed P. Williams, Trustee, as above referred to, because of the mutuality of the consideration for the exchange and conveyance of the property covered by said contracts, agreements, and conveyances by reason of the warranty of title stated in the conveyan ce of said lots Nos. 6 and 8, Block 88, Brooklyn Addition to the City of Corpus Christi, Texas, all as above referred to; and WHEREAS, The City of Corpus Christi, Texas, has been furnish- ed by the said grantor, Ed P. Williams, Trustee, with a certificate of guaranty as to the title of the said property conveyed to he City, which certificate is deemed sufficiently adequate protection to the City to permit the City to release the property conveyed by the City from any claim of lien as security for any claim of breach of warranty which the City might have in the conveyance of said lots Nos. 6 and 8, Block 88, Brooklyn Addition to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or CORPUS CHRISTI, TEAS: SECTION 1. That the City Manager of the City, of Corpus Christi for and on behalf of the City be, and he is hereby$ authorised to execute a release to Ed P. Williams, Trustee, to-arV lien on Lots Nos. 10 and 12, Block 88, Brooklyn Addition to the City of Corpus Christi, which the City might have by reason of the con- veyance to the City of Lots Nos. 6 and 8, Block 88, Brooklyn Ad- dition to the City, under a warranty deed from the said Ed P. Williams, Trustee, or arV lien which might have been created by virtue of said exchange of deeds, should there be arjr zi ght of action in the City by reason of breach of warranty in the conveyance of said Lots Nos. 6 and 8, Block 88, Brooklyn Addi- tion to the City of Corpus Christi, a copy of which release is attached hereto and made a part hereof' reading as followsr THE STATE .OF TEXAS 4 COMM OF ausCES 0 WHEREAS, On the 29th day of December, A.D. 1946, the City of Corpus Christi did execute and deliver to Ed P. Wil ism., Truster, a certain deed of conveyance Therein the party first neIIed'did convey to the party,la'rt named the following describ- ed tract or parcel of land, to -wits BRING A Portion of Lots.10 and 12, Block 88 of the Brooklyn Addition, as shown by map or plat of record: irk the office of the County Clerk of Nueces dounty, Texas, In Polusei i page4.7i, of the Hap Records of said County, more particular - ly described by metes and bounds as foilowas BEGINNING at the northeast comer of Lot 12, Block 88 n 'of the Brooklyn Addition, for the northeast corner of this tract; THENCE S 32 deg. H with the east boundary line of Lots 12 and 10, a distance of 100 feet to the southeast corner of Lot 10 for the southeast corner of tb" tract; THENCE North 58 deg. W with the south boundary line of Lot 10, a distance of 37.70 feet to a point for the southwest corner of this tract; TEENCE H 2 deg. .01+ S across Iota.10 and 12 a distance of 115.44 feet to a point in the north boundary line of Lot 12 fbr the northwest corner of this tract; THENCE 6.58 deg. E with the north boundary line of Lot 12i a distance of 95.38 feet to the PLACE OF BEGI MMq, containing 6,654 square feet of land, and WHEREAS, As a partial consideration for said land, the said Ed P. Villiams, Trustee,. did execute and deliver unto the said City certain lots which`the said City is now using for high - way right-of-way, and on which certain lots the said City receiv- ed a Policy of title insurance, insuring the said City against, the loss of its consideration for said lots, and WHEREAS, because of the mutual exchange of deeds, some question has arisen as to the possibility of claim of lien by the City in the event of ow claim of partial failure of considera- tion for the conveyance of the land first described herein, or breach of warranty as to said property; and WHEREAS, The City fully acknowledged the receipt of the conveyance ccntracted to be delivered to the City, together with a Guaranty Certificate of Title for the protection of the City in au;y clams for damages for breach of warranty,, and in further con - aideration of the receipt of ONE DOLLARi NOW, THMEFORE, KNOW ALL MEN BY THM PRESENTS: That the City of Corpus Christi of the County of Nusces and the State of Texas, for and in consideration of the premises, have remised, released, quitclaimed discharged and acquitted, and by these presents do remisei rexease, quitclaim, dLecharge and acquii unto the said Ed P. Williams, Trustee, his successors and assigns, any lien heretofore existing upon the land and premises aforesaid. EXECUTED This the 'day of December, A.D. 1951. CITr OF CORPUS CHRISTI, TEAS BY Manager ATrFSTs CiV acre APPROVED AS TO LEGAL FORMS y A , oraey THE STATE OF TEXAS COUNTZ OF - NdECES BEFORE ME, The undersigned authority, an Ibis day person- ally appeared W. B. Collier, City Manager of the City of Corpus, known to'ae to be the person whose name is subscribed to the foregoing instrument, and acknowledged to as that he executed the same for the purposes and considerations therein expressed as the act and deed of said City of Corpus Christi, in the capaoity therein stated. GIVEN UNDER Mr BAND AND SEAL OF OFFICE, This the day of December, A.D. 1951. NOTARY PUBLIC in and for Nueces County, ' Texas SECTION 2. That the necessity of clearing the title to said land immediately 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 ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such em- ergency and necessity to exist, having requested the suspen- sion of said Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and affect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, This the_// day of Decem- ber, A.D. 1951. MAYOR CITY OF CORPUS CARISTI, TEXAS '.ST: I S T APPROVED AS TO LEGAL FORS: C; Corpus Christi, Texas 12- /.19.1 y TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, 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, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson