HomeMy WebLinkAbout03575 ORD - 10/28/1953AN ORDINANCE NO. 3575
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BE-
HALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT A DEED FROM
H. E. BUTT CONCERNING 4.50`'5 ACRES OF LAND LOCATED IN PAISLEY'S
SUBDIVISION OF THE HOFFMAN TRACT IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN A COPY
OF THE DEED ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
WHEREAS, H. E. BUTT HAS AGREED TO GIVE TO THE CITY OF CORPUS CHRISTI,
UNDER CERTAIN TERMS AND CONDITIONS, A CERTAIN TRACT OR PARCEL OF LAND LOCATED
IN PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS; AND
WHEREAS, ON APRIL 22, 1953, BY ORDINANCE No. 3448, THE CITY MANAGER
WAS AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT WITH REGARDS TO FINANCING AND
CONSTRUCTION OF A PUBLIC SWIMMING POOL TO BE CONSTRUCTED ON A PORTION OF THE
PROPERTY, THE DEED TO WHICH IS HEREIN ACCEPTED, 70 WHICH CONTRACT REFERENCE IS
HERE MADE FOR ALL PERTINENT PURPOSES;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT A DEED FROM H. E. BUTT
CONCERNING 4.505 ACRES OF LAND LOCATED IN PAISLEY'S SUBDIVISION OF THE HOFFMAN
TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH DEED
IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE FACT THAT IT IS IMPERATIVE THAT THE FACILITIES IN THE
PARK AND RECREATION AREA BE ENLARGED BY THE ACCEPTANCE OF THE HEREINABOVE DESCRIBED
DEED CREATES AN EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY
AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AFORE-
SAID, AND THAT SUCH ORDINANCE BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS
ACCORDINGLY PASSED AND APPROVED, THIS THE At OF �T 1953.
ATTEST;. 1
MAYOR
r
CI_SECRE'rAR
THE
OF CORPUS CHRISTI, TEXAS
APPROVED A$ LEGAL FORM:
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3575
I T Y__ TT OWN EY
THE STATE OF TEXAS
KNOW ALL MEN BY TKSE PRESENTS:
COUNTY OF NUECES
THAT I, H. E. BUTT, OF NUECES COUNTY, TEXAS, HOT JOINED HEREIN BY NY
WIFE FOR THE REASON THAT THE HEREINAFTER DESCRIBED PROPERTY CONSTITUTES NO PART
OF OUR HOMESTEAD, HAVE GIVEN, GRANTED AND CONFIRMED, AND BY THESE PRESENTS DO
GIVE, GRANT AND CONFIRM UNTO THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL COR-
PORATION, WITH THE RESTRICTION AND ALL THE COVENANTS AND CONDITIONS BELOW STATED,
ALL THAT CERTAIN TRACT AND PARCEL OF LAND LYING AND BEING SITUATED IN NUECES
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT:
ALL THAT CERTAIN TRACT OR PARCEL Of LAND B£INC. Tb!AT PORTION
OF THE NDRTH OR ME ONEWIALF (1 2) OF THE SOUTH OR SW our-HALF
(1/2) of THE E 1 /4 OF THE € 1/4, ALSO KNOWN As LOT 1, OF SECT16N
Cis PAISLEY'S SUBDIYISIOk OF THE KOFFMAN TRACT AS SHOWN BY THE
MAP OR PLAT OF SAME RECORDED IN THE NEAP RECORDS ON FILE IN THE
OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, IN VOL. I)
ON PAGE 28, LYING NORTHWEST OF THE SOUTHWESTWARD EXTENSION OF
THE NORTHWEST BOUNDARY OF FIG STREET IN PINEDA PARK, AN ADDITi ON
TO THE CITY Of CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS RECORDED
IN THE MAP RECORDS OF SAID COUNTY IN VOL, S ON PAGES 54 AND 55, .
ACROSS SAID TRACT TO THE SOUTHWEST BOUNDARY OF SAME. SAID
TRACT OR PARCEL OF LAMO -IS MORE PARTICULARLY DESCRIBER BY METES
AND BOUNDS AS FOLLOWS'
BEGINNING AT A 3/4 INCH IRON ROO AT THE WEST CORNER OF LOT 11
BLOCK 13, PINEDA PARK ADDITION AFORESAID FOR THE NORTH CORNER
OF THIS TRACT;
THENCE SOUTHEASTERLY, ALONG AND WITH THE SOUTHWEST BOUNDARY
Of BLOCK 13 OF 8A10 PINEDA PARK, SOUTH 610 40' 35" E -:$T AT
20.00 FEET PASS AN AUTO AXLE SURi ED APPROXIMATELY ONE FOOT
BELOW THE GROUND SURFACE, AND CONTINUING ON SAID COURSE, IN
ALL 594.83 FEET TO A 3/4 INCH IRON ROD AT THE SOUTH CORNER of
LOT , BLK. 131 IN SAID PINEDA PARK, SAID POINT ALSO BEING IN
THE NORTHWEST BOUNDARY OF FIG STREET, FOR THE EAST OORNER OF
THIS TRACT;
THENCE SOUTHWESTERLY ACROSS THE SAID NORTH OR WE ONE +HALF (1 /2)
OF THE SOUTH OR SW ONE -HALF (112) OF THE t 1/v of THE E 1/4,
ALSO KNOWN AS LOT i OF SECTION 0, PAl9CEY'S SUBDIVISION Of THE
HOFFMAN TRACT AFORESAID ALONG A LINE WHICH IS THE EXTENSION OF
THE NORTHWEST BOUNDARY OF FIG STREET LYING BETWEEN -BLKS. 13
AND 14:0F SAID PINEDA PARK, SOUTH 28' 19' 25" WEST 330.00 FEET
TO A POINT FOR THE SOUTH CORNER OF THIS TRACT;
THENCE NORTHWESTERLY AL014G AND WITH THE SW BOUNDARY Of SAID
"aRTH OR WE ONE -HALF (1/2) OF THE SOUTH OR SW ONE -HALF OF THE
E 1/4 OF THE E 1/4, ALSO KNOWN .AS LOT 1 OF PAISLEY'S SUBDIVISION
OF THE Hoff IAN TRACT AFORESAID, NORTH 61' 401 S" WEST 594.60
FEET TO A POINT IN THE SOUTHEAST LINE OF BLK. P Of PINEDA PARK
WHICH IS ALSO THE No RTHWEST BOUNDARY Of THIS TRACT, FOR THE
WEST CORNER OF THIS TRACT;
THENCE NORTHEASTERLY, ALONG AND WITH THE NW BOUNDARY Of THIS
TRACT WHICH IS ALSO THE SOUTHEAST BOUNDARY Of BLK. 6, PINEDA
PARK, NORTH 28° 17' 00" EAST 330.00 FEET TO THE PLACE Of
BEGINNING, AND CONTAINING 4.505 ACRES OF LAND.
THE ABOVE DESCRIBED TRACT iS THE NORTHWEST PORTION OF A TER
(10) ACRE TRACT CONVEYED BY DE[D FROM L. HEROLD AND WIFE JULIA
HEROLD TO H. E. BUTT GROCERY CO. DATED JULY 26, 1941 AND RE-
CORDED in VOL. 2 1, PO. 2" OF THE DEED 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 ANY WISE BELONGING UNTO
THE SAID CITY OF CORPUS CHRi STI, TEXAS, ITS SUCCESSORS AND ASSIGNS FOREVER, AND
THE SAID H. E. BUTT DOES HEREBY BIND HIMSELF, HIS HEIRS, EXECUTORS, ADMINISTRATORS
AND ASSIGNS, TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES
UNTO THE SAID CITY OF CORPUS CHRISTI, TEXAS, ITS SUCCESSORS AND ASSIGNS AGAINST
EVERY PERSON WMOMSO€VER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF.
BUT THE ASDVE CONVEYANCE IS SUBJECT TO THE RESTRICTION AND COVENANT
HEREBY MADE SY THE GRANTEE, AND THE CONDITION THAT SAID PREMISES SHALL BE USED
AS A PART OF THE PARK AND RECREATION AREA OF THE CITY OF CORPUS CHRISTI, TEXAS,
AND SUBJECT TO THE FURTHER RESTRICTION AND CONOIT1014 THAT NO PART OF SAID PROPERTY
SHALL BE USED FDR THE PURPOSE OF THE SALE OF ANY INTOXICATING BEVERAGES, 4OR SHALL
SUCH SALE BE PERMITTED THEREON FOR A PERIOD OF TWENTY -FIVE (2}) YEARS FROM THE
DATE HEREOF, AND UPON THE NON- OBSICAVANCE OF EITHER OF THE ABOVE RESTRICTIONS,
COVENANTS AND CONDITIONS, THIS CONVEYANCE SHALL BE NULL AND VOID, AND THE SAID
PREMISES SHALL THEN AND THEREUPON WHOLLY AND ABSOLUTELY REVERT TO THE GRANTOR
HERE111, HIS SUCCESSORS OR ASSIGNS, AHD NO ACT OR OMISSION UPON THE PART OF THE
BENEFICIARY OF THIS CONVEYANCE SHALL BE A WAIVER OF THE OPERATION OR ENFORCEI4ENT
THEREOF.
WITNESS THE HAND OF THE SAID H. E. BUTT, THIS 13TH DAY OF AUGUST, 1953-
H. E. BUTT
THE STATE OF TEXAS
C"TY OF "CES
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED H. E. BUTT, KNOWN TO
ME TO BE THE PERSON WHOSE NAME IS 'SUBSCRIBED TO THE FOREGOING INSTRUMENT, A3D
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAMC FOR THE PURPOSES AND CONSIDERATION
THEREIN tXPRESSCD.
1953-
GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY of AUG.US "C,
NOTARY PUZLIC IN AND FOR NU €CES COUNTYp
TEXAS
-2-
CORPUS CHRISTI, TEXAS
�L C,4 Z L, 1953
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 SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO
ORDINANCE OR RESOLUTION $HALL 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,
MAYCIR
CITY'OF S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING ll/i!
P. C. CALLAWAY (/7� --
JAMES A. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH
W. JAMES BRACE
i
3575