HomeMy WebLinkAbout03950 ORD - 11/17/1954AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY IW AGER TO
EXECUTE A CONTRACT OF RESCISSION WITH CERTAIN
PROPERTY OWNERS, A COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF, AND
DECLAR114G AN EN,ERGENCY.
'viiEREAS, ON MAY 61 1947; A CONTRACT WAS ENTERED INTO BY
AND BETWEEN C. F. RUNCK AND WIFE ETHEL C. RL'NCK, AND THE CITY OF
CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, PROVIDING FOR THE
EXCHANGE OF CERTAIN PORTIONS OR STRIPS OF LAND OUT OF LOT 7, BLOCK
63 OF THE BEACH PORTION OF SAID CITY, WHICH CONTRACT WAS DULY RECORDED
IN THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND
I
'.+HEREAS, IN ADDITION THERETO J. D. SANDERS AND WIFE PEARL
SANDERS CONVEYED A TWENTY FOOT (201) STRIP OF THE WEST S10E OF LOT
7, BLOCK 63 TO THE CITY OF CORPUS CHRISTI, TEXAS BY DEED DATED MAY
26, i,47 AND DULY RECORDED IIJ THE DEED RECORDS OF NUECES COUNTY,
TEXAS, AND -
WHEREAS, ALTHOUGH THE CONTRACT TO CONVEY, REFERRED TO IN
THE FIRST PARAGRAPH OF THIS PREAMBLE, WAS DULY RECORDED SAME HAS NEVER
BEEN PERFORMED OR EXECUTED BY ANY OF THE PARTIES THERETO, WHICH HAS
RESLLTED III A CLOUD 011 THE TITLE OF SAID LOT 7, BLOC,( 63, AND
WHEREAS, IT NOW APPEARS THAT ONE SINGLE OWNER IS PREPARING
Me *- 'ree7C0 PF"'nf
AND IS READY TO BUY ALL OF SAID LOT 7, BLOC 1, 63, BEACH PORTION OF THE
1
CITY OF CORPUS CHRISTI, TEXAS, EXCEPTING THAT TWENTY FOOT (20') STRIP
OWNED BY THE CITY, AS IS RECITED IN PARAGRAPH 2 OF THIS PREAMBLE,
AND IS UNABLE TO DO SO BECAUSE THE OUTSTANDING OBLIGATIONS IMPOSED BY
SAID CONTRACT AS RECORDED, ALTHOUGH HOW ABANDONED BY ALL OF THE PARTIES,
CLOUDS THE TITLE AND THE ULTIMATE RESULT OF HIS PROPOSED ACQUISITION OF
THE REMAINING PORTION OF SAID PROPERTY WILL BE THE SAME AS THOUGH SUCH
• CONTRACT WERE PERFORMED IN ITS ENTIRETY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
ORD. AUTHORIZING CITY MANAGER TO'EXECUST6 "CONTRACT OF RESCISSION - EMB:MLD
CITY AND RUNCK, ET AL. - 'I� -�7 -54 - PAGE 2
SECTION S. THAT RUSSELL E. MCCLURE, CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, BE AND HEREBY IS AUTHORIZED AND DIRECTED
TO ISSUE A RESCISSION OF A CONTRACT HERETOFORE EXECUTED AND APPEARING
IN VOLUME 366, PAGE 373 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS,
WHICH SAID RECORDED CONTRACT HAS HERETOFORE BEEN ABANDONED BY THE
PARTIES THERETO, BUT WHICH PRESENT TIME, DUE TO ITS RECORDATION, CASTS
A CLOUD UPON THE TITLE OF ALL OF LOT 7, BLOCK 63 OF THE BEACH PORTION
OF THE CITY OF CORPUS CHRISTI, TEXAS, EXCEPT THAT PGKTIO14 WHICH HAS
HERETOFORE BEEN CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, WHICH -
APPEARS IN VOLUME 3681 PAGE 36o OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS, SO THAT SUCH CONTRACT OF RESCI SS ION, ATTACHED HERETO AND INCOR-
PORATED HEREIN AND IN ALL THINGS MADE A PART HEREOF, WHEN EXECUTED AND
RECORDED WILL CLEAR THE TITLE TO SUCH PROPERTY AND WHICH WILL NOT IN
ANYWISE AFFECT THE ULTIMATE RIGHTS, INTEREST AND TITLE IN AND TO SUCH
SAID PROPERTY, NOR WILL IT BE A RELINQUISHMENT OF ANY RIGHTS, TITLE
AND INTEREST IN AND TO SUCH PROPERTY DESIRED TO BE OWNED BY THE SAID
CITY OF CORPUS CHRISTI, TEXAS, OR WHICH WOULD BE ULTIMATELY OWNED BY
THE SAID CITY, IF SUCH CONTRACT WERE IN ALL THINGS PERFORMED.
SECTION 2. THE FACT THAT A CONTRACT TO CCNVEY CERTAIN
SMALL STRIPS OF LAND IN LOT 7, BLOCK 63 OF THE BEACH PORTION OF THE
CITY OF CORPUS CHRISTI, TEXAS, WAS EXECUTED ON THE 6TH DAY CF MAY, 1947
AND SUBSEQUENTLY RECORDED, CAST A CLOUD UPON THE PRESENT TITLE TO SAID
LOT 1, BLOCK 63; AND THE FACT THAT THE INTENDED PERFORMAIICE OF SUCH
SAID CONTRACT IS NO LONGER. DESIRED OP. DEEMED NECESSARY BY ANY OF THE
PARTIES THERETO, BUT HAS BEEN ABANDONED IN ITS ENTIRETY, CREATES AH 1
IIIPEDIMENT TO THE CLEAR TITLE OWNERSHIP AND CONVEYANCE OF PORTIONS OF
SAID LOT 7, BLOCK 63, CREATES A PUBLIC E14EPCENCY AND IMPEPATIVE 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 ORDINANCE OR RESOLUTION SHALL BE READ AT 'THREE SEVERAL
MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH
_2_
VRD. AUTHORIZING l.f.TY;1IA NA1G,ER- TO EXECUTE CONTRACT OF RESCISSION - CITY
MAID RUNCK, ET AL - 11 -17 -54 - EW:MLD - PAGE 3
EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION
OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY Oil THE
DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED THIS THE_ DAY OF - p 7954.
PAYDR
THE CITY OF CORPUS CHRISTI TEXAS
ATTEST:
(4000N�1 CITY SECRETARY
o APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
„K ,-
THE STATE OF TEXAS I
KNOW ALL NO BY THESE PRESENTSI
COUNTY OF NUECES j
WHEREAS, A CONTRACT DATED NAY 6, 1947, WAS ENTERED INTO SV
AND BETWEEN C. F. RUNCK AND WIFt ETHEL C. RUNCK, AND TPE CITY OF
CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, PROVIDING FOR THE
EXCHANGE OF CERTAIN PORTIONS OR STHIPS Of LAND OUT OF LOT 7, BLOCK
63 OF THE BEACH PORTION OF SAID CITT, NUECES COUNTY, TtXA5, WHICH
CONTRACT APPEARS OF RECORD IN VOLUME 3661 PAGE 373 OF THE DEED RECORDS
OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE 15 HERE NADE, AND,
WHEREAS, NO ATTEMPT HAS BEEN MADE TO PEn FORM SAID CONTRACT
AND SAME HAS BEEN FULLY ABANDONED BY THE PARTIES THERETO, AND THE
ASSIGNS OF C. F. RUNCK, ET uX, EHTEL C. RUNCK, AND,
—' WHEREAS, J. D. SANDERS IS NOW THE OWNER OF ONE OF THE STRIPS
OF LAND COVERED BY SAID CONTRACT OF SALE, BEING THE STRIP FORMERLY
OWNED BY SAID C. F. RuncH, AND BURN POSTON 11 NOW THE OWNER OF THE OTHER
OF SAID STRIPS, AND IT IS DEEMED DESIRABLE TO DECLARE SAID CONTRACT
RESCINDED;
NDd, THEREFORE, lit CONSIDERATION OF THE PREMISES AND THE
MUTUAL BENEFITS TO BE DERIVED HEREFIION, IT IS AGREED MY AND BETWEEN
THE CITY OF CORPUS CHRISTI, TEXAS, ACTING HEREIN MY AND THROUGH ITS
CITY MANAGER, AND J. D. SANDERS, JOINED BY NIS WIFE PEARL SANDERS, AND
BUNN POSTON, JOINEu GY HIS WIFt ROSALIE PRICC POSTON, THAT SAID CONTRACT
SHALL BE DECLARED NULL AND VOID AND OF NO FURTHER EFFECT, PROVIDED
HOWEVER, THIS CONTRACT OF CANCELLATION SHALL IN NO WAY AFFECT THE
RIGHT] TITLE AND INTEREST OF THE CITY OF CORPUS CHRISTI, Tt XAS, TO
THAT CERTAIN 20' STRIP OFF THE WEST SIDE OF LOT 7, BLOCK 63, BEACH
PORTION, HERETOFORE CONVETEO AND MORE FULLY DESCRIBED IN WARRANTY DEED
FROM J. D. SnNOERS AND WIFE PEARL SANDERS TO THE CITY OF CORPUS CHRISTI,
TEXAS, DATED MAY 26, 1947, 'AND RECORDED IN VOLUME 368, PAGE 360 OF THE
DEEo REcoFD3 of Nutce' COUNTY, TEXAB.
EXECUTED Tulb THE DAY OF NOVEMBER, 1954.
THE CITY OF CORPUS CHRISTI, TEXAS
BY �I
CITY KANAGER
RESCINDING CONTRACT DATED NAT 6, 1947 - RUNCR G. CITY OF CORPUS CNR /bill TEXAS
PASS 2 - EMBINLD
J. D. SANDERS
PEARI. SANDERS
BUMN POSTON
ROSALIE PRICE POSTON
ATTEST,
CITY SECRETARY
APPROVED AS TO LEGAL FORMt
CITY ATTORNEY
THE STATE OF TEXAS 0
COUNTY OF NUECES '
BEFORE REP THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED RUSSELL E. MCCLURE, KNOWN 'to HE PERSONALLY TO BE THE AUTHORIZED
AND ACTING CITY MANAGER OF THE CITY CF CORPUS CNR13T1, NUECES COUNTY,
TEXAS, A MUNICIPAL CORPORATION, AND BEING DULY SWORN DEPOSES AND SAYS
THAT HE IS AIJJTHORIZEO TO ACT IN SUCH CAPACITY IN THE EXECUTION OF THIS
CONTRACT OF RESCISSION WHICH HAS BEEN HERETOFORE DULY AUTHORIZED BY
THE CITY COLNCIL OF THE SAID CITY OF CORPUS CHRISTI, TEXA3, FOR THE
PURPOSE AND CONSIDERATION THEREIN EXPRESSED.
SWORN TO AND SUBSCRIBED BEFORE ME BY THE SAID RUSSELL E.
MCCLURE IN TESTIMONY WHEREOF WITNESS MY HAND AND SEAL OF OFFICE THIS -
THE DAY OF NUVENBER, 1954.
NOTARY PUBLIC, NUECES COUNTY, TEXAS
THE STATE OF TEXAS j
COUNTY OF NUECES -
BEFORE ME, THE UNDERSISNfO AUTHORITY, ON,fHi3 DAY PERSONALLY
APPEARED J. D. SANDERS AND PEARL SANDERS, HIS WIFE, KNOWN TO HE TO BE
THE PERSONS WH08C NAMES ARE SUBSCRIBED TO THE FOREGOING IN3TBUMENT, AND
1 THE SAID J- D, SANDERS ACKNOWLEDGED TO WE THAT HE EXECUTED TPE SANE FOR
THE PURPOSES AND - CONSIDERATION THEREIN £XPRESSEDI AND THE SAID PEARL
SANDERS, WIFE OF THE SAID J. D. SANDERS, HAVING BEEN EXAMINEQ BT ME
.2-
RESCINDING CONTRACT omo,HAY 6, 1947 - RUNCK AND CITY OF CORPUS CHRISTI, ?Skie±+Atir:f .,
11,17.54 - EIBIMLD - PAGE 3
PRIVILY AND A PART FROM HER HUSBAND AND HAVING THE SANE FULLY EXPLAINED
TO HER, SHE/ THE SAID PEARL SAMDERA, ACKNOWLEDSED SUCH INSTRUMENT TO BE
HER ACT AND DECD, AND DECLARED THAT SHE HAD WILLINGLY SIGNED THE SANE
FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED/ AND THAT SHE DID
NOT WISH TO RETRACT 11.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY
OP NOYEMGER, 1954.
NOTARY PUBLIC, NUECES COUNTY, TEXAS
THE STATE OF TEXAS
y, COUNTY OF NUECES F
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
i APPEARED BUNN POSTON AND ROSALIE PRICE POSTON, HIS WIFE. KNOWN TO ME TO
BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT,
AND THE SAID BUNK POSTON ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME
FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND THE SAID
ROSALIE PRICE POSTON, WIFE OF THE SAID BUNN POSTON, HAVING BEEN
EXAMINED BY NE PRIVILY AND APART FROM HER HUSBAND AND HAVINS THE SAME
FULLY EXPLAINED TO HER, $ME, THE SAID ROSALIE PRICE POSTON, ACKNOWLEDGED
„ SUCH INSTRUMENT TO BE HER ACT AND OCEO, AND DECLARED THAT SHE HAD WILLINSLY
SIGNED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND
THAT SHE DID NOT WISH TO RETRACT IT.
GIVEN UNDER MY HAW AND SEAL OF OFFICE THIS THE DAY of
NOVEMBER, 1954.
NOTARY PUBLIC, NUECESK000NTY, TEXAS
.3_ j
i
CORPUS CHRISTI, TEXAS
;kW,'- / 7 0954
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHP.ISTI, 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 ORD NANCE
OF RESOLUTION SHALL BE PASSED FILIALLY ON THE DATE IT 15 INTRODUCED,
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
Of THE CITY COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID
CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE
IT 15 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:
P. C. CALLAWAY -
ELLROY KING
JAMES S. S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELI-Roy KING
JAMES S. NAISMITH
W. JAMES BRACE — F. P. PETERSON, JR.�