HomeMy WebLinkAbout03181 ORD - 12/10/1951im5ingertgp• »7
December 10, 1051
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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