The URL can be used to link to this page

Home My WebLink About04039 ORD - 01/12/1955AC'.12 28/54 A AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A GENERAL WARRANTY DEED TO THE TEXAS NATIONAL GUARD ARMORY BOARD, IN LIEU OF THE HERETOFORE AUTHORIZED SPECIAL WARRANTY DEED AUTHORIZED BY ORDINANCE NO. 395 PASSED AND APPROVED ON THE 26TH DAY OF NOVEMBER, 1954, A COPY OF NHICH GENERAL WARRANTY DEED IS ATTACHED HERETO AND MADE A PART HEREOF: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, BE, AND HE IS HEREDY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND 014 BEHALF OF THE CITY OF CORPUS CHRISTI, A GENERAL WARRANTY DEED TO THE TEXAS NATIONAL GUARD ARMORY BOARD, CONVEYING A FIVE (5) ACRE TRACT OF LAND ON HORNE ROAD TO SAID TEXAS NATIONAL GUARD ARMORY BOARD TO OE USED AS A SITE FOR THE NATIONAL GUARD ARMOP.Y, FOR AHD IN CONSIDERATION OF THE TERMS AND CONDITIONS OF SAID DEED, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, WHICH DEED IS IN LIEU OF THE HERETOFORE AUTHORIZED SPECIAL WARRANTY DEED AUTHORIZED BY ORDINANCE NO. 3955, PASSED AND APPROVED ON THE 26TH DAY OF NOVEMBER, 1954- SECTION 2. THE NECESSITY FOR EXECUTING THIS DEED IN ORDER THAT GRANTEE MAY COMMENCE CONSTRUCTION OF AN ARMORY BUILDING 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 AHD THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DE- CLAR114G SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION 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 EFFECT FROH AND AFTER. THE DATE OF ITS PASSAGE, IT IS ACCORDINGLY SO INED. PASSED A140 APPROVED, THIS THE /XDAY OF a h/T}�S,T: �l" M YR CITY SECRETY .1 �/ THE CITY OF CORPUS CHRIS I, TEXAS APPROVED AS 0 LEGAL FORM: CITY ATTORNEY ffo 3`� T14 STATE OF TEXAS XNON ALL NE$J BY THESE PRESENTSe COUNTY OF HUECES THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MDNIeI ►AL cOR►DRATION ACTING HEREIN BY ANO THROUBM ITS DULY AUTHORIZED Cf TY HIANAOER, RUSSELL E. MCCLUAC, FOR AHD IN coRS/DCRAT1oN or THE 3UH of TLN ($10.00) DOLLARS CASH TO IT IN HAND PAID BY THE TEXAS NATIONAL GUARD AR14ORY BOARD, A noDT POLITIC AND CORPORATE OF THE STATE OF TEXAS, RECEIPT OF WHICH IB HEREBY ACRHOWLLOOED AND CORFC88ED, AND FOR WHICH HO LIEN EXPRZS3 OR IMPLIED 18 RETAINCD, HAD GRANTED, SOLD AND CONVEYED, AND BY THESE PRE3ENTS OOED GRANT, SELL AND CONVEY URTD THE SAID TEXAS NATIONAL GUARD ARMORY BOARD ALL THAT CERTAIN YAACT OR PARCEL OF LAND LTIHO AND BLIND SITUATED IN THE CITY Or CORPUS ' CHRISTI, TCXA3, AND ACING Most PARTICULARLY DESCRIDEO AS FOLLOWS, TO-WIT' BEING A FIVE ACRE TRACT OF LAUD OUT or THAT CERTAIN TRACT OF LARD CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, BY SAM BRABLAU AND BARNCY CO" BY *CEO DATED SEPTEMBER 18, 1951, AND RCCORDED IN VOLUME 533, PAGE 1180 Or THE DECD RECORDS OF NUCCES COUNTY, TEXAS, NORC PARTICULARLY 093CROGEO OT HETEO AND BOUNDS AS FOLLOWS$ BEGINNING AT A POINT, THE MOST WEDTCRLT CORNER OT THE ABOVE DEBCRISCD TRACT FOR A CORNER OF THIS TRACT) THENCE NORTH 29° 271 EAST 302.13 FEET TO A POINT FOR A CORNER OF THIS TRACT, $AID POINT BEING THE NORTNREST CORNER OF THC SAID CITY Of CORPUS CHRISTI TRACTS THENCE NORTH 69* 561 EAST, ALONG AND WITH THE NORTH BOUNDARY LINE Or SAID CITY OF CORPUS CHRISTI TRACT, A OIBTARCE Or 566.644-EET TO A POINT Foil A CORNER or THIS TRACY; THENCE SOUTH 291 271 WEST A DISTANCE or 581.30 FEET TO A POINT IN THE CENTER LINE OF HORNE ROAD FOR A CORNER OF THIS TRACT; THENCE NORTH 60" 331 WEST, ALONG AND WI IN THE CENTER LINE OF H.ORNE ROAD, A OISTAHCC or 493.10 FEET TO THL PLACE OF BEGINNING; CONTAINING 5.00 ACRES of LAND. TO HAVE AND TO HOLD TNC Above DLDCRIDED PRE413E3, TOGETHER WITH ALL AND SIHOULAR THE RIGHT& AND APPURTENANCES THCRETO IN ANYWISE MLO - SAS - 1 -10 -55 - PAGE 2 .,.ate %+�a.I.f- : iw: •�+*ht `l er.,�. a .. r ..� c. Lf�IM�fk4.•er - ^xA4'+ wen -.rtah P+f�'P'�n��'YI1^MSFW +�N�.� � .a. .. '!m W' <4 Ywn r..a,�. �lrilb✓n` Wes+' NN`. �MnrrYw- •.A4w+i�i{+�+�M+�.."4F .� e.. ....r»wr ... ... — +, .. ±.•r -.u•+4 - .rern.w —� .. �M..._. .. a .ws. u. -�.« a..+— �.n ...__ BELONGING UNTO THE SAID TEXAS NATIONAL GUARD ARMORY BOARDS ITS SUCCESSORS AND ASSIGN& FOREVERJ AND THE SAID CITY OP CORPUS CHR13T1$ TEXAS DOES HEREBY SIND ITSELF, ITS SUCCESSORS AND ASSIONS TO WARRANT AND FOREVER DEFEND, ALL AND SINGULAR THE SAID PREMISES TO THE SAID t TEXAS NATIONAL GUARD ARMORY BOARD$ ITS SUCCESSORS AND ASSIGNS AGAINST EVERT PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. THIS CONVEYANCE IS MADE UPON THE EXPRESS CONDITION THAT WITHIN YEARS FROM THE DATE HEREOF THE SA10 TEXAS NATIONAL GUARD ARMORY BOARD SHALL COMMENCE THE CONSTRUCTION OF IMPROVEMENTS UPON THE ABOVE DESCRIBED PROPERTY SUITABLE FOR USE OF A UNIT OF THE TEXAS NATIONAL GUARD. THIS COVENANT AND CONDITION IS TO RE BINDING UPON AND TO BE OBSERVED BY THE GRANTEE HEREIN, ITS SUCCESSOR$ AND ASSIGNS/ AND IN CASE OF AND UPON VIOLATION OR NONOBSERVANCE OF SUCH COVENANT AND CONDITIONS THIS COUVEYANCE SHALL BE NULL AND VOID AND SAID PREMISES SHALL THEN AND THERE WHOLLY AND ABSOLUTELY REVERT TO THE GRANTOR HEREIN, AND NO ACT OR OMISSION ON THE PART OF THE BENEFICIARY IN THIS CLAUSE SHALL. BE A WAIVER Of THE OPERATION OR ENFORCEMENT OF SUCH COVENANT AND CONDITION. IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE ABOVE DESCRIBED PROPERTY MAY BE SUBLET BY THE GRANTEE TO THE ADJUTANT GENERAL Of THE STATE OF TEXAS, ACCORDING TO THE LAWS OF THIS STATE, BUT IN THE CVENT THE ADJUTANT GENERAL SHOULD$ FOR ANY REASONS FAIL TO PAY THE RENT PRESCRIBED IN SUCH LEASE, ON IR THE EVENT THE LEGISLATURE SHOULD fAIL TO APPROPRIATE MONEY FOR THE PAYMENT OF SAID RENT, THEN IN EITHER OF SUCH EVENTS GRANTEE MAY SUBLET THE PREMISES TO ANY PERSON WHOMSOEVER AT THE HIGHEST RENT OBTAINABLE$ PROVIDED, HOWEVER$ THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL HAVE THE FIRST OPTION TO SUBLEASE SUCH rREMIeE3 UPON -2. THE SAME TERMS AND CONDITIONS THAT THE PROPERTY WAS SUBLEASED PRIOR TO THE OCCURRENCE OF THE EVENTS ABOVE MENTIONED; AND PRO - VIDEO FURTHER THAT WHEN, AS AND IF THE BONDS ISSUED BT THE TEXAS NATIONAL GUARD ARMORY BOARD UNDER A TRUST INDENTURE DATED APRIL 1, 1953, SHALL HAVE SEEM FULLY RETIRED AND AT SUCH TIME THE PROPERTY HEREINABOVE DESCRIBED SHALL HAVE CEASED TO HAVE BEEN - USED FOR ARMORY PURPOSES, THEN UPON THE OCCURRENCE of ROTN OF SUCM CONTINGENCIES, THE PROPERTY SMALL THEN AND THERE WHOLLY AND ABSOLUTELY REVERT TO SAID CITY OF CORPUS CHRISTI, TEXAS. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS, THIS THE DAY of , A.D. 195__. THE CITY OF CORPUS CHRISTI, TEXAS J-1 t BY ATTEST: T tlSSELL E. MCCLURE, CITY MANAGER CITY SECRETARY , APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE STATE,OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP ►EARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE MANE IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE 6 %ECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF . A.D. 195 . ROTARY PUBLIC, NUfCES COUNTY, TEXAS -3- . ..*� w.•' uC� Christi, Texas 195[- 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 .s 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 in introduced, or at the present meeting of the City Council. Reessppefc/ttf�ull3n, MAYOR CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: P. C. Callaway Ellroy King James James S. Naiamith W. James Brace F. P. Peterson, Jr. The above ordinance vas passed by the following note: P. C. Callaway / Ellroy King James S. Naismith W. James Brace F. P. Peterson, Jr. q 0o M