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HomeMy WebLinkAbout03569 ORD - 10/21/1953AN ORDINANCE NO. 3569 AUTHORIZING AND DIRECTING THE CITY LAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A DEED TO TIE TRUSTEES FOR DRY DOCK II FOR THE PERF0RMANCE OF AND CARRYING OUT THE INTENTION OF ORDINANCE NO. 3416, PASSED AND APPROVED ON TILE 30 DAY OF FEBRUARY, 1953, AND RECORDED IN VOLUhE 20, PAGE 612 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, PLANNING THE CONSTRUCTION OF A COIZINATION NAVY RECREATION CENTER AND LOCKER CLUB AND AHyiv'IENISTRATIVE OFFICES FOR THE PARK AND RECREATION DEPART�rENT TO BE BUILT ON LOTS 1, 2, 3 AND 4 OF BLOCK 12, WATER BEACH ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, ON IIATER STREET DIRECTLY BEHIND TIE CHAT +,BER OF CO1MjvERCE BUILDING; A COPY OF WHICH DEED IS ATTACHED HERETO AND i," A PART HEREOF. WHEREAS, on February 3, 1953, the City Council expressed its willingness to aid in the construction of a combination Navy Recreation Center and Locker Club and Administrative Offices fox the Park and Recrea- tion Department to be built on Lots 19 2, 3 and 4 of Block 12, Water Beach Addition to the City of Corpus Christi, on Water Street directly behind the Chamber of Co;muexce Building, same being city property; and WHEREAS, The Citizens' Comiaittee, represented by Mr. T. S. Scibienski, . pledged their support in the amount not to exceed $409000.00 toward the erec- tion of this building; and 'WHEREAS, said amount of $40.000.00 has been paid to the City and it is now necessary to execute a deed to the Trustees for Dry Dock II conveying title to the trustees to that portion of the building to be used for the armed forces recreation center: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City %nager for and on behalf of the City of Corpus Christi be, and he is hereby, authorized and directed to execute a deed to the Trustees for Dry Dock II for the performance of and carrying out the intention of Ordinance No. 3416, passed and approved on the 3rd day of February, 1953, and recorded in Volume 209 Page 612 of the Ordinance and Resolution Records of the City of Corpus Christi, planning the construction of a combination Navy Recreation Center and Locker Club and Administrative Offices for the Park and Recreation Department to be built on Lots 1, 2. 3 and 4 of Block 12, Water Beach Addition to the City of Corpus Christi, Texas, --"- _Water Street directly behind the Chamber of Comnerce Building, a copy of 35CA which deed is attached hereto and made a part hereof. SECTION 2. The foregoing ordinance was read the first time and passed to the second reading on the _JI-ti: day of , 1953, by the following vote: A. A. Lichtenstein Ellroy King P. C. Callaway James S. Naismith IV. James Brace The foregoing ordinance was read the second ime and passed to the third reading on the day of . 1953, by the follow- ing vote: A. A. Lichtenstein Ellroy King P. C. Callaway James i Naismith iV. James Brace The foregoing ordinance was read the third time and passed and ordered approved by the Mayor, on the day of , 1953, by the following vote: A. A. Lichtenstein Ellroy King P. C. Callaway James X Naismith W. James Brace i MAYOR } THE CITY ,09 CORPUS CHRISTI, TEXAS ATTEST ! ;9 City Secretaxy,, APPROVED AS Tg LF.G6L FORM: City Attorney THE STATE OF TEXAS KNOW ALL MEN BYTM. E PRESENTS: COUNTY OF NUECES THAT THE CITY Of CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING HEREIN BY ITS MAYOR AND CITY ,MANAGER DULY AUTHORIZED TO ACT BY THE CITY COUNCIL, FOR AND IN CONSIDERATION OF THE SUN Of FORTY THDUSAND AND NO/100 ($I4O,00O) DOLLARS, AND OTHER GOOD AND VALUABLE CONSIDERATION TO IT PAID, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, AND SUBJECT TO THE CONDITIONS HEREIN- AFTER STIPULATED, HAVC, UNTIL THE TIME HEREINAFTER STATED, GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS DO GRANT, SELL AND CONVEY UNTO LON C. HILL, T. S. SCIBIENSKI, AND C. B. NEEL, TRUSTEES, FOR THE ARMED SERVICE COMMITTEE OF THE CITY OF CORPUS CHRISTI, TEXAS, AHD FOR THE USE AND BENEFIT OF THE PERSONNEL OF THE ARMED SERVICES OF THE UNITED STATES of AMERICA, OR THE SERVICE PERSONNEL OF ANY OTHER FRIENDLY NATION THAT MAY BE STATIONED AT THE NAVAL AIR STATION IN CORPUS CHRISTI, TEXAS, OR Amy OF ITS AUXILIARY POSTS, AS WELL AS THE FAMILIES OF SUCH ARMED SERVICE PERSONNEL OR THEIR FRIENDS AND GUESTS, THE FOLLOWING DESCRIBED PROPERTY SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO -WIT: A PORTION Of A BUILDING KNOWN AS DRY DOCK N0. 2 AND OCCUPYING A PORTION OF LOTS 2, 3 AND 4, BLOCK 12 Of THE WATER BEACH ADDITION TO THE CITY Of CORPUS CHRISTI AS SHOWN BY MAP Of RECORD IN THE OFFICE Of THE COUNTY CLERK AND RECORDED IN VOLUME 9, PAGES 38 -41 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, THE SOUTHWEST CORNER OF SAID BLOCK 12, BEING ALSO THE INTERSECTION OF THE NORTH BOUNDARY LINE OF BELDEN STREET AND THE EAST BOUNDARY LINE OF WATER STREET; THENCE N 10' - 10' W WITH THE WEST BOUNDARY LINE Of WATER STREET, A DISTANCE OF 63 FEET TO A POINT; THENCE N 7-3° - 5501 E A DISTANCE OF 24.98 FEET TO A POINT FOR A COR- NER AND THE POINT OF BEGINNING Of THIS DESCRIPTION; THENCE N 10" - 101 W A DISTANCE OF 7.5.0 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 79' - 5'501 W A DISTANCE OF 4.00 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 10° - 10' W A DISTANCE Of 10 FEET TO A POINT fOR A CORNER OF THIS DESCRIPTION; THENCE N 79° - 50' E. A DISTANCE OF 4.00 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 10' - 10' W A DISTANCE OF 47.04 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 79. - 50' W A DISTANCE OF 4.48 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 10' - 10' W A DISTANCE OF 20 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 79' - 50' E A DISTANCE OF 3.45 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE H 10' - 10' W A DISTANCE OF 4 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 79' 50' E A DISTANCE OF 6. ©O FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; 1' THENCE S 10' - 10' E A DISTANCE OF 4.00 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE N 79' - 50' E A DISTANCE OF 63.9 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 10' 10' E A DISTANCE OF 20.00 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 79' - 50' it A DISTANCE OF 24.12 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 10' - 10' E A DISTANCE OF 46.56 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; f THENCE S 79' - 50' W A DISTANCE OF 12.96 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 10' - 10' E A DISTANCE OF 15.52 FEET TO A POINT FOR A CORNER OF THIS DESCRIPTION; THENCE S 79' - 50' W A DISTANCE Or 31.79 FEET TO THE PLACE OFF BEGINNING. This COIIVEYANCE IS SUBJECT TO THE FOLi.OWiNo CONDITIONS, TO -WIT! 1. THE PREMISES HEREIN CONVEYED ARE TO BE USED BY THE TRUSTEES AND THEIR SUCCESSORS IN OFFICE FOR PURPOSES OF TRANSACTING BUSINESS, FOR ENTERTAIN- KENT OF THEIR BENEFICIARIES, OR FOR ANY PURPOSE WHICH THE TRUSTEES DEEM TO BE FOR THE BEST INTERESTS, ENTERTAINMENT, COMFORT AND BENEFIT OF SUCH BENEFICIARIES, SO LONG AS SUCH USE DOES NOT CONFLICT WITH THE LAWS OF THE UNITED STATES OF AKERICA,, THE STATE OF TEXAS, OR THE CITY OF CORPUS CHRISTI, TEXAS. 2. UPON THE DEATH, RESIGNATION OR INABILITY TO ACT FOR ANY REASON OF ANY ONE OF THE ABOVE NAMED THREE TRUSTEES, THE REMAINING TWO TRUSTEES SHALL, WITHIN THIRTY DAYS AFTER THE HAPPENING OF SUCH EVENT, MANE A THIRD TRUSTEE TO TAKE THE PLACE OF THE TRUSTEE SO RESIGNING, DYING,, OR FAILING TO ACT, AND SHOULD -2- NO SUCCESSOR TRUSTEE BE PROMPTLY APPOINTED FOR ANY REASON BY THE REMAINING TRUSTEES, THEN AMID IN TWAT EVENT, ANY ONE OF THE DISTRICT COURTS Of NUECES COUNTY, TEXAS IS HEREBY AUTHORIZED TO FILL ANY VACANCY OR VACANCIES OCCURRING AMONG THE TRUSTEES, PROVIDED THAT ANY SUCH TRUSTEE OR TRUSTEES APPOINTED BY THE REMAINING TRUSTEES OR BY THE COURT SMALL BE A RESIDENT OF NUECES COUNTY, TEXAS AT THE TIME OF MIS APPOINTMENT. 3. THE MAINTENANCE OF THE EXTERIOR OF SAID BUILDING SMALL BE AT THE COST AND EXPENSE OF THE CITY OF CORPUS CHRISTI. THE INTERIOR OF SAID BUILDING SMALL BE MAINTAINED AT THE COST AND EXPENSE OF THE �RMED SERVICE COMMITTEE AND THEIR SUCCESSORS IN OFFICE. 4. INSURANCE AGAINST THE HAZARD OF FIRE AND INCLUDING COMPREHENSIVE COVERAGE SHALL BE AT THE EXPENSE OF THE CITY OF CORPUS CHRISTI. THE GRANTEE SHALL CARRY AND KEEP IN FORCE A POLICY OF INSURANCE PROTECTING GRANTEE AND THE CITY AND INDEMNIFYING THE CITY FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE PREMISES BY THE BENEFICIARIES OR THE PUBLIC, AND SMALL FURNISH AND KEEP ON FILE IN THE OFFICE OF THE CITY SECRETARY A COPY OF SUCH INSURANCE POLICY. 5. NO CONVEYANCE OR ASSIGNMENT OF THE PROPERTY SHALL BE MADE BY THE GRANTEE WITHOUT THE WRITTEN CONSENT OF THE GRANTOR, AND ANY ATTEMPT TO SELL, ASSIGN OR TRANSFER THE PROPERTY, PREMISES, OR RIGHTS HEREIN GRANTED, WITHOUT SUCH WRITTEN CONSENT SMALL BE CONSIDERED A BREACH OF THE CONDITION Of THIS DEEP IMMEDIATE AND CAUSE FOR AM /AUTOMATIC FORFEITURE THEREOF. TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES UNTO SAID TRUSTEES AND THEIR SUCCESSORS IN OFFICE, SO LONG AS THE PREMISES ARE USED FOR THE ABOVE MENTIONED PURPOSES AND $0 LONG AS THE CONDITIONS HEREIN STIPULATED ARE COMPLIED WITH, PROVIDED, THAT UPON CESSATION Of SUCH USE OR UPON ANY BREACH Of THE ABOVE MENTIONED CONDITIONS, THEN AND THEREUPON THIS CONVEYANCE SMALL BE NULL AND VOID AND THE SAID BUILDING AND PREMISES SMALL ABSOLUTELY REVERT WITHOUT SUIT OR RE- ENTRY TO THE GRANTOR HEREIN, WITHOUT REIMBURSEMENT Of THE CONSIDERATION PAID FOR CONSTRUCTION OR CONVEYANCE OF SUCH BUILDING OR PREMISES; 'PROVIDED THAT A TEMPORARY CESSATION Of USE raft SUCH PURPOSES 3.i ALL NOT CAUSE TITLE TO REVERT TO THE GRANTOR, AND EVIDENCE OF SUCH CESSATION OF USE SMALL BE IN THE FORM OF A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF CORPUS CHRISTI WITH APPROVAL OF TWO OR MORE OF THE TRUSTEES HEREINABOVE HAMEO, OR THEIR SUCCESSOR IM (WfICEi .3. AND NO ACT OR OMISSION ON THE PART OF THE GRANTOR SHALL BE A WAIVER OF THE OPERATION AND ENP'ORCEMENT OF SUCH CONDITIONS. IN WITNESS WHEREOF THE CITY OF CORPUS C*RIST4 HAS CAUSED TH43 IN- STRUMENT TO BE EXECUTED BY ITS CITY MANAGER THIS THE DAY OF OCTOBER, 1953. CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY CITY MANAGER ITY SECRETARY APPROVED AS TO LEGAL FORMS CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOW- LEDGED TO HE THAT HE EXECUTED THE SAME AS THE ACT AND OECD OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS THE CITY MANAGER THEREOF, AND FOR THE PURPOSES AND CON- SIOEHATION THEREIN EXPRESSEfl- GIVEN UNDER MY HAND AND SEAL Of OFFICE, THIS DAY OF OCTOBER, 1953- NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -4- '3pI