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Home My WebLink About03329 ORD - 10/07/1952AN ORDINANCE a� CLOSING THAT PORTION OF AN ALLEY IN BLOCK 72, BEACH PORTION PO- RT� OF THE CITY OF CORPUS CHRISTI EXTEN ING RO THE NORTH LINE OF RESACA STREET NORTH 200 FEET, TO PUBLIC USE FOR STREET OR ALLEY PURPOSES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXEDOTE AND DELIVER A SPECIAL WARRANTY DEED TO B. C. & W. COMPANY INCORPORATED UPON PAYMENT OF THE AMOUNT SET OUT IN TH S,ORD INANCE, CON- VEYING TO IT SAID AREA HERETOFORE DESCRIBED AS AN ALLEYWAY CONDITIONED UPON THE CONSTRUCTION OF A HOTEL ON THE AREA DESCRIBED AS LOTS 1 THROUGH 4 AND LOTS 9 THROUGH 12, SAID BLOCK 72, BEACH PORTION, INCLUDING THE ALLEYWAY HEREBY CLOSED, WITHIN TWO YEARS FROM THE DATE THEREOF AND CON- TAINING A REVERTER CLAUSE; A COPY OF WHICH SPECIALY WAR- RANTY DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS BEEN PETITIONED TO CLOSE THAT PORTION OF AN ALLEY BEING IN BLOCK 72, BEACH FOR- TION OF THE CITY OF CORPUS CHRISTI EXTENDING FROM THE NORTH LINE OF RESACA STREET NORTH `ZOO FEET; AND WHEREAS, NOTICE OF THE PROPOSED CLOSING OF SAID ALLEYWAY HAS BEEN GIVEN BY PUBLICATION AND BY MAILING TO THE LAST KNOWN ADDRESS OF ALL OWNERS OF PROPERTY ABUTTING ON SAID STREET OR ALLEYWAY, AND WITHIN 450 FEET THERE- FROM, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF CORPUS CHRISTI, AS PRO- VIDED IN ARTICLE II, SECTION 6 THEREOF; AND p WHEREAS, IN ACCORDANCE WITH SUCH NOTICE A PUBLIC HEARING WAS HELD ON THE 8TH DAY OF AUGUST, 1952, IN THE CITY COUNCIL CHAMBER OF THE CITY HALL IN CORPUS CHRISTI, TEXAS, AT 4:00 O'CLOCK P.M. BEFORE THE CITY COUNCIL, AND A SPECIAL MEETING WAS HELD ON AUGUST 10, 1952, TO FINALLY CONSIDER SAME; AND WHEREAS, PUBLIC WELFARE, SAFETY, AND CONVENIENCE AND NECESSITY WOULD BE BETTER SE RVED BY THE CLOSING OF SAID ALLEYWAY IN THE MANNER HEREINAFTER SET OUT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE PORTION OF AN ALLEY IN BLOCK 72, BEACH POR- TION OF THE CITY OF CORPUS CHRISTI' DESCRIBED AS FOLLOWS, TO -WIT: THAT PORTION OF AN ALLEY IN BLOCK 72, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, TEXAS, EXTENDING FROM THE NORTH LINE OF RESACA STREET NORTH 200 FEET, BE, AND THE SAME IS HEREBY, CLOSED TO PUBLIC USE FOR STREET AND ALLEY PURPOSES. SECTION 2. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER A SPECIAL WARRANTY DEED OF THE CITY OF CORPUS CHRISTI CONVEYING SAID LAND HERETOFORE a y DESCRIBED AS AN ALLEYWAY AND HEREIN CLOSED BY THE TERMS OF SECTION 1 OF THIS ORDINANCE TO B. C. & W. COMPANY, INCORPORATED, UPON PAYMENT OF THE SUM OF 0, sibnd, CL &liriJaeAgnJ 2 rh4l DOLLARS �d�• M� CASH, AND CONDITIONED THAT UNLESS THE COONNS7RUCTION OF A HOTEL BE COMPLETED ON THE AREA DESCRIBED AS LOTS 1 THROUGH 4, AND LOTS 9 THROUGH 12, INCLUDING THE ALLEYWAY CLOSED IN SECTION 1 HEREOF, WITHIN TWO (2) YEARS FROM THE DATE HEREOF THAT SUCH CONVEYANCE BE OF NO FURTHER FORCE AND EFFECT AND TITLE TO SAID ALLEYWAY AREA SHALL REVERT TO THE CITY OF CORPUS CHRISTI, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THAT THE PUBLIC CONVENIENCE AND NECESSITY BEING BETTER SERVED BY THE CLOSING OF SAID ALLEYWAY IMMEDIATELY CREATES A PUBLIC NECES- SITY AND EMERGENCY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE 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 COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE-OF ITS IN- TRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AF ITS C�a�o 6e*q PASSAGE, IT 15 ACCORDINGLY PASSED AND APPROVED THIS THE�DAY OF = -- lx:2W, A.D. 1952. MAYOR THE CITY OF CORPUS CHRISTI EST: CITY SECRETARY APPROVED AS TO LEGAL FORM: ' r CITY ATTORNEY Corpus Christi, Texas - Azw" 195 TO TI,B 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 r -d-4"� `— Jack DeForrest a-44 Sydney E. Herndon George L. Lowman Frank E. Williamson p, _ The above ordinance was passed by the following vote: Leslie Wasserman r -d-4"� `— Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson 3 3aQ SPECIAL WARRANTY DEED THE STATE OF TEXAS t KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ! THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORA- TION, ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, OF NUECES COUNTY, TEX4S, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($10) TO IT IN HAND PAID BY B. C. & W. COMPANY, INCORPORATED, A TEXAS CORPORATION, OF NUECES COUNTY, TEXAS, AND IN FURTHER CONSIDERATION OF THE STIPULATIONS, CONDITIONS, AND COVENANTS HEREIN CONTAINED, AND OTHER GOOD Y AND VALUABLE CONSIDERATIONS, THE RECEIPT OF WHICH ARE HEREBY ACKNOWLEDGED AND COgFESSED, NAVE GRANTED, BARGAINED, SOLD AND CONVEYED, AND BY THESE PRESENTS DO GRANT, BARGAIN, SELL AND CONVEY UNTO THE SAID B. C. & W. COMPANY, INCORPORATED, THE FOLLOWING DESCRIBED STRIP OF LAND, BEING AND SITUATED IN NUECES COUNTY, TEXAS, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRIST#, TEXAS, MORE PARTICULARLY DESCRI8ED AS FOLLOWS, TO -WIT: THAT STRIP OF LAND TWENTY (20) FEET WIDE EXTENDING FROM THE NORTH LINE OF RESACA STREET NORTH 200 FEET LYING BETWEEN LOTS 1, 2, 3, AND 4, AND LOTS 9, 10, 11, AND 12, OF BLOCK 72, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, TEXAS, SHOWN AS AN ALLEYWAY ON A PLAT OR MAP OR RECORD IN VOLUME 91 PAGES 35 -41, OF THE NAP RECORDS OF NUECES COUNTY,, TEXAS, TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELONGING, t UNTO THE SAID B. C. & W. COMPANY,•IMCORPORATED, ITS SUCCESSORS AND ASSIGNS, FOREVER, AND THE CITY OF CORPUS CHRISTI DOES HEREBY BIND ITSELF, ITS SUC- CESSORS AND ASSIGNS, TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE S410 PREMISES UNTO THE SAID B. C. & W. COMPANY, JNCORPORATED, tTS SUCCESSORS AND ASSIGNS AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM - THE SAME OR ANY PART THEREOF, BY, THROUGH, OR UNDER THE SAID C&TY OF CORPUS CHRISTI, TEXAS. THE GRANTEE HEREIN, SAID B. C. & W. COMPANY, INCORPORATED, HAS AGREED TO COMPLETE THE CONSTRUCTION OF A HOTEL, AS REPRESENTED TO THE CITY °e ° COUNCIL OF THE CITY OF CORPUS CHRISTI, UPON THE AREA DESCRIBED AS LOTS ONE THROUGH FOUR, AND LOTS NINE THROUGH TWELVE, BLOCK 72, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, TEXAS, AND INCLUDING THE PREMISES HEREBY CONVEYED, WITHIN A PERIOD OF TWO (2) YEARS FROM THE DATE HEREOF, AND IN THE EVENT THAT SAID IMPROVEMENTS SHALL NOT HAVE BEEN PLACED ON SAID PREMISES WITHIN SAID PERIOD OF TIME, THEN THE INTEREST HEREBY CONVEYED AND THE TITLE TO THE PREMISES HEREIN DESCRIBED SHALL REVERT TO THE CITY OF CORPUS CHRISTI, TEXAS. WITNESS OUR HANDS THIS THE DAY OF OCTOBER, A.D. 1952. CITY OF CORPUS CHRISTI, TEXAS BY W. B. COLLIER, CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE STATE OF TEXAS j COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. B. COLLIER, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME IS THE ACT AND DEED OF SAID CITY AND THAT HE EXECUTED THE SAME A8, THE ACT AND DEED OF SAID CITY FOR THE PURPOSES AND CONSIDERATION THEREIN EX- PRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN RIDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER, A.D. 1952. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -2-