HomeMy WebLinkAbout04123 ORD - 02/02/1955IMS:AC:2 /2/55
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CON R CT OF
SALE AND SUCH OTHER INSTRUMENTS AS ARE NECESSARiO COP17--
PIIETE A SALE OF THE INTERESTS OF THE CITY IN THE PROPERTY
HERETOFORE USED BY THE LA RE-TAMA P19BUC LIBRARY, BEING THE
SAME PROPERTY ACQUIRED BY DEED DATED MARCH 771937, FROM
LORINE JONES SPOONTS, SAID CONTRACT AND CONVEYANCE TO BE WITH
AND TO THE FIRST PRESBYTERIAN CHURCH OF CORPUS CHRISTI,
A CORPORATION, FOR THE CONSIDERATION OF THE SUM OF $25,000.00
CASH, A COPY OF WHICH CONTRACT OF SALE IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, ON OR ABOUT THE 17TH DAY OF MARCH, 19371 THE CITY ACQUIRED
FROM LORINE JONES SPOONTS, FOR USE BY THE CITY AS A PUBLIC LIBRARY, CERTAIN
PROPERTY DESCRIBED AS BEING ONE HUNDRED FEET (1001) BY ONE HUNDRED SIXTY-
SEVEN FEET (167') AND MORE PARTICULARLY DESCRIBED IN A DEED DATED MARCH 17,
1937, RECORDED IN VOLUME 227, PAGES 570 OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS, FOR THE CONSIDERATION OF 25,000.00 PAID BY•THE CITY BY A CONVEYANCE
OF SAID DATE RECORDED IN VOLUME 227, PAGE 570 OF THE DEED RECORDS OF NUECES
COUNTY, TEXAS, WHICH CONVEYANCE CONTAINED THE FOLLOWING RESERVATION:
.SHALL BE USED BY THE CITY OF CORPUS CHRISTI ONLY FOR
'• A LIBRARY, MUSEUM, ART GALLERY, AUDITORIUM OR OTHER LIKE
•CIVIC PURPOSE AND FOR NO OTHER PURPOSE WITHOUT THE WRITTEN
CONSENT OF RECORD BY THE ORIGINAL GRANTOR LORINE JONES
SPOONTS OR HER HEIRS, AND IF SAID PROPERTY BE NOT USED FOR
SAID PURPOSES AND IF SAID LIBRARY, MUSEUM, ART GALLERY,
AUDITORIUM OR OTHER LIKE CIVIC ENTERPRISE SHALL NOT BE
ESTABLISHED AND MAINTAINED THERE, OR HAVING BEEN ESTABLISHED
THE MAINTENANCE THEREOF ON THE PREMISES SHALL CEASE FOR A
PERIOD OF MORE THAN SIX MONTHS, THEN AND THEREUPON THIS
CONVEYANCE SHALL BE NULL AND VOID AND THE SAID LAND AND PRE-
MISES SHALL ABSOLUTELY REVERT TO THE ORIGINAL GRANTOR LORINE
JONES SPOONTS, HER HEIRS OR ASSIGNS, AND NO ACT OR OMISSION
ON THE PART OF THE SAID LORINE JONES SPOONTS SHALL BE CONSTRUED
AS WAIVER OF THE ENFORCEMENT OF SUCH CONDITION BUT THE CLAIM x
• OR DEMAND OR SUIT FOR THE ENFORCEMENT OF THIS CONDITION AND
RESTRICTION AND REVERTER MAY BE MADE OR BROUGHT IN THE NAME OF
US AS TRUSTEES OR IN THE NAME OF LORINE JONES SPOONTS, THE ORI-
GINAL GRANTOR.";
AND
WHEREAS, A NEW SITE HAS BEEN CHOSEN FOR THE SAID LA RETAMA PUBLIC
LIBRARY AND THE CONSTRUCTION AND RENOVATION OF THE BUILDING THEREON FOR THE
USE OF THE LIBRARY HAS BEEN COMPLETED AND ACCEPTED BY THE CITY, AND IT IS
NECESSARY THAT THE CITY EITHER USE SAID ABOVE DESCRIBED PROPERTY FOR ONE OF THE
USES MENTIONED IN SAID CONVEYANCE OR DISPOSE OF SAID PROPERTY'WITH THE CONSENT
OF THE OWNER OF THE REVERSIONARY INTEREST,TO -WIT, MRS. LORINE JONES SPOONTS
LEWIS; AND .
WHEREAS, THE OWNER OF SAID REVERSIONARY INTEREST IS AGREEABLE TO THE SALE
BY THE CITY OF SAID PROPERTY FOR ITS REASONABLE CASH VALUE OF $25,000.00 TO THE
FIRST PRESBYTERIAN CHURCH OF CORPUS CHRISTI, AND IT IS DEEMED TO THE BEST
INTEREST OF THE CITY TO SELL THE INTEREST OF THE CITY,BY PROPER CONVEYANCE
TO SAID PURCHASER, WHICH SALE WILL, BY PROPER INSTRUMENT, BE RATIFIED BY THE •,
SAID OWNER OF SAID REVERSIONARY INTEREST:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1.' THET THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR
AND ON BEHALF OF THE CITY, BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO
ENTER INTO A CONTRACT OF SALE BY PROPER CONVEYANCZ TO THE FIRST PRESBYTERIAN
CHURCH OF CORPUS CHRISTI, A CORPORATION, OF THE INTEREST OF THE CITY IN
LOT D OF BLOCK THREE f'3) OF THE SCHATZEL ADDITION TO THE CITY OF CORPUS CHRISTI,
TEXAS, AS SHOWN BY MAP THEREOF IN THE OFFICE OF THE COUNTY CLERK OF NUECES
COUNTY, TEXAS, SAID PREMISES ALSO BEING KNOWN AS 511 SOUTH BROADWAY, CORPUS
CHRISTI, AND BEING THE PROPERTY KNOWN AS LA RETAMA LIBRARY, BY A WRITTEN
CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND
THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO EXECUTE SUCH INSTRUMENTS OF
CONVEYANCE AS ARE PROPER TO COMPLETE SUCH SALE UPON THE PAYMENT TO THE CITY
OF THE SUM OF $25,000.00 IN CASH, AND THE PAYMENT OF SUCH TITLE FEES AS MAY
BE INCURRED IN COMPLETING SAID SALE.
SECTION 2. THE NECESSITY FOR COMPLETING SAID SALE CREATES A PUBLIC
EMERGENCY AND A PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE
CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE
DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ
AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF
SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE
AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED,
THIS THE DAY OFFEBRUARY, 1955.
AT
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
171 T 5ECRET7Y
APP OVED A TO LEGAL FORM:
CITY 'ATTORNEY
GUARANTY TMa AND TRUST COMPANY PHONE 1-1701 CORPUS CHRISTI. TEXAS
THE STATE OF TEXAS REAL ESTATE SALES CONTRACT
(Providing for Title Insurance)
COTJNTY OF NUECES
This memorandum of agreement made and entered into by and between
C1 =STIa A IMWITIPAY, CnR POTtAIPT41i hereinafter called Seller, of the County of
State of Texas, and TEM HIRS'i° r1,17IR I? QE nnwaTar
ht f fii�i�clA]l��lial�r,Co �i [ t$ f State of Texas, wrmssETH:
1. The Seller, for the consideration and upon the terms hereinafter set out, hereby agrees to sell and convey unto Purchaser,
and Purchaser agrees to buy, the following described property situated in 'iif[iYfSfsal County, Texas, to -wit:
Lot D of IU** thr" (a) at the sgbstae% sdditlan to the city of
corpus Christi,$ Tejts# as shbeu by top thereof Stu the office of the
County Clark of ftetivs Cftnty, Tells, said PVWdses also beU19 WIMM
lea 511 SOuta $roadWayr, Corpus 0hrlstii Mil h02n„ tits PrOL7, rty IMMU
as La Retam LShfwryfa
Property shall be oc veyed Tres and olear of any restr9.ative covenants
contained 1a the deed by which seller acquired t1t1e to Bald premises.
The purchase price i ou—,
which the Purchaser agrees to Pay e e , as o owe:
ollars,
cash to be paid when deed to ea d an Is executed and delivered to Purchaser, as hereinafter set out, and the balance of said con-
sideration to be evidenced as follows:
(a) Indebtedness to be assumed:
11�1e
(b) Notes to be executed:
the payment of all of which is to be secured by ; �ennd�dgoogyrr''gs lien and by deed of trust containing the usual covenants and agreements.
3. Seller agrem to famish Purdue/ Ilby efi1 ChN.urnfc 111 isISMy iE � 'ride W Trust Company of Corpus Christi, Teas, in he
usual d twtomaey form, whfeh policy sha11be issued immediately upon the closing of this deal, oil film: of Purehmar s deed [or cord. Pending =,% of
deal, the opinion of the examining arrmnsys for the Guaranty Title and Trust Company haw'.g title to d property good the Seller nil the y s
agreement i so issue aid yolicy upon •clusl of deal and filing of. deed, shall be deemed sufficient for closing and deal shall be dosed thereon, a,td ppoobcy
,hereafter issued in accordance herewith. The opinion of the eamming anomeys foe Guaranty Title and Trust tmnpany ap said title shall be deemed caiclufve
u to the amens thereof.
4. In case any objection to title re r ised in id opfnitn, then the seller hall have • reasonable time which to a aid obiettion d show good
nisi and secure the [final ap rconl of ofd it, le by a1d Guannry Title and Trust =Ian anon aye. In the even of failure so m cure such deism, then
t 2,hereinafmt mipmd for sal be resumed to Purchaser upon the ancellanan and r cum of this concoct• -- -- - --- -- ---
5. Seller 6rm upon app 1 of aid tide for insure c by aid Guaranty Tide and Trust Company's omeys, and agreement to issue file policy as Shore
sea cu,, so deliver a goad d mffittent general warranty deed drawn in accordance ',h the prwniom of this con F2 P,oMrly conveying mid property to mid
Purchaser, and Purchaser agrees thermion to make the ash payment and execute the note(s) and deed of trust herein provided for.
6. Alldis. doe of include the year fSs�— shall he paid by Seller; taxes for the current year, and current two. insurance and interest, if my, shall
he pmnte x �a�a�
7. Purchaser has his day deposited with the Guaranry Tide and Trust Company the mm -fte tfhq "V00060)
Bad !R11)0ths -- .seas.. n Ilan ea rat n heeeunder to be apoplied on the ooh paeyrement above set out when deal is dosed.., which
tide he balance of h omiden,ion shall also be paid. Should the Purchaser fail chit tens herein nnecified for any rc exap,
e defetts, Seller hall be endtled to receive sh depmn a liquid?ted dame es for the beach of this contract, n he may at is option a Ina specifie per•
form "h' hereof. Should be left to areeps aid ,emus it liquid m hquiefared lamajr , be eha11 first pay therefrom a removable fee to mid ride eompmy for v
services in connection herewith nice to exceed, in any event, the amount that would have been owing to she file company had she deal been Imed and policy
issued. From the remainder he shall pay any commission due the real ,irate agent (if any) making this sale, or in exceed, however 50% of su1 remander.
e. Purchaser agrees to accept title subject so ' 1- a all City Zoning and regulatory ordinances, if my,
applicable to mid property.
9. This deal shall be closed on n before she far of -lffal 'p—w , 195x- and passmfm is to be given
10.
EXECUTED IN triplicate, either copy of which shall constitute an original. on this the &d of pabrary. . 195-*
THE mRt4y PR.ii.RSiatlf<:, fiW CHU10i OF c m
0"R!. 104" T�hf
E j � 90W sells lr
The Guaranty Title and Trust Company hereby acknowledges receipt rf for the earnest money set out in Paragraph 7
of the above agreement. and agrees to execute this trust for both parties thereto, but without liability for interest thereon. or for the
performance or non - performance by any patty to said agreement.
GUARANTY TITLE AND TRUST COMPANY
Dated
CO CHRISTI, TEXAS
1955
TO THE MEMBERS'OF THE CITY COUNCIL
CORPUS. CHRISTI, 'TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING -
OROINANCE, 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,
QA
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR. a Id
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR, '
$ --2-3