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Home My WebLink About04745 ORD - 01/30/1957t IMS :MEM:1 /30/57 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITYVANAGER, FOR AND ON n7XIFi`iFiHE CITY OF CORPUS CHRISTI, TO CONVEY TO THE TEXAS NATIONAL GUARD ARMORY BOARD FIVE (5) ACRES-QF- BY TWO P L WARRANTY DEEDS. I E FIRST-FF-VHICH SHALL ll;�THE TWO ACRES OF LAND-,T-COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF, AND THE SECOND OF WHICH DEEDS SHALL BE IN THE SAME GENERAL FORM AS THE COPY ATTACHED HERETO AND TO COVER THE ADDITIONAL LAND TO COMPRISE A TOTAL OF FIVE (5) ACRES TO BE INCLUDED WITHIN THE TWO CONVEYANCES; STIPULATING THE CONDITION UPON WHICH THE SECOND DEED SHALL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHOR- IZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONVEYANCE TO THE TEXAS NATIONAL GUARD ARMORY BOARD OF A TRACT OF FIVE (5) ACRES OF LAND ABUTTING ON HORNE ROAD BY CONVEYANCES IN THE FORM OF TWO SPECIAL WARRANTY DEEDS, ONE DEED TO BE FOR A TWO ACRE PORTIO.N OF SAID FIVE ACRE TRACT IN THE FORM ATTACHED HERETO, DELIVERY OF SAID DEED TO BE MADE ONLY AFTER APPROVAL OF C.A.A. OF THE PROPOSED ARMORY BOARD LOCA- TION, AND A SECOND DEED CONVEYING SUFFICIENT ADDITIONAL LAND TO MAKE A TOTAL AREA OF FIVE ACRES WITH, THE SAID SECOND DEED TO BE IN THE SAME FORM AS THE SAID DEED FOR THE FIRST TWO ACRE PART EXCEPT AS TO THE DESCRIPTION CONTAINED THEREIN, IT BEING CONTEMPLATED THAT THE SECOND DEED WILL BE EXECUTED AND DELIVERED APPROXIMATELY SIX (6) MONTHS FROM THE DATE HEREOF AFTER THE DETER- MININATION BY THE CITY COUNCIL OF A PERMANENT USE PLAN FOR THE LANDS NOW INCLUDED IN THE CLIFF MUNICIPAL AIRPORT TO BE PREPARED BY THE CITY DIRECTOR OF PLANNING AND APPROVED BY THE CITY COUNCIL. THE LANDS TO BE DESCRIBED IN SAID FIRST SPECIAL WARRANTY DEED ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEING -A 2 -ACRE TRACT OF LAND OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, BY SAM_ BRASLAU AND BARNEY COTT BY DEED DATED SEPTEMBER 18, 1951 AND RECORDED IN VOLUME 533, PAGE 480 OF THE DEED RECORDS OF NUECES COUNTY, STATE OF TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD, SAID POINT BEARS N 290 271 E 30 FEET FROM THE MOST WESTERLY CORNER OF THE ABOVE DESCRIBED TRACT WHICH WESTERLY CORNER IS A POINT ON THE CENTER LINE OF HORNE ROAD, FOR A CORNER OF THIS TRACT; q_1 q Ls" THENCE N 290 271 E 272.13 FEET TO A POINT FOR A CORNER OF THIS TRACT, SAID POINT BEING NORTHWEST CORNER OF THE SAID CITY OF CORPUS CHRISTI TRACT; THENCE S 600 33' E 320.14 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 290 27# W. 272.13 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD FOR A CORNER OF THIS TRACT; THENCE N 600 33' w. 320.14 FEET ALONG AND WITH THE NORTHEAST BOUNDARY LINE OF HORNE ROAD TO THE PLACE OF BEGINNING; CONTAINING 2.0 ACRES OF LAND. SECTION 2. THE NECESSITY FOR EXECUTING THE DEEDS DESCRIBED ABOVE IN CONNECTION WITH THE ARMORY CONSTRUCTION PROGRAM OF THE TEXAS NATIONAL GUARD CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NEC- ESSITY 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS 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 SO ORDAINED. PASSED AND APPROVED THIS O DAY OF JANUARY, 1957. ATT CITY SECRETAR ARP OVED AS TO LEGAL FORM THIS O DAY OF JANUARY, 1957: CITY ATTOR EY �r vz" MAYOR THE CITY OF CORPUS CHRISTI, TEXAS IMS$APC1 /30/57 SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS= THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, OF THE COUNTY OF NUECES AND STATE OF TEXAS, FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION TO IT PAID BY THE TEXAS NATIONAL GUARD ARMORY BOARD, HAYING ITS PRINCIPAL OFFICE IN AUSTIN, TEXAS, AND IN FURTHER CONSIDERATION OF THE COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAS GRANTED, BARGAINED, SOLD AND CONVEYED, AND BY THESE PRESENTS ODES GRANT, BARGAIN, SELL AND CONVEY UNTO THE SAID TEXAS NATIONAL GUARD ARMORY BOARD THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND, BEING AND SITUATED IN NUECES COUNTY, TEXAS, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS' AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEING A TWO (2) ACRE TRACT OF LAND OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI,, TEXAS, BY SAN BRASLAU AND BARNEY COTT BY DEED DATED salt MSER 18, 1951, AND RECORDED IN VOLUME 533, PAGE 1480 OF THE DEED RECORDS OF NUECES COUNTY, STATE OF TEXAS, MORE PARTICULARLY DESCRIBED BY METES ANO BOUNDS AS FOLLOWSS BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD, SAID POINT BEARS N 290 271 E 30 FEET fROM THE MOST WESTERLY CORNER OF THE ABOVE DESCRIBED TRACT, WHICH WESTERLY CORNER IS A POINT ON THE CENTER LINE OF HORNE ROAD, FOR A CORNER OF THIS TRACT; THENCE N 29. 271 E 272.13 FEET TO A POINT FOR A CORNER OF THIS TRACT, SAID POINT BEING NORTHWEST CORNER OF THE SAID CITY OF CORPUS CHRISTI TRACT, THENCE 5 60? 331 E. 320.114 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 290 271 W. 272.13 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD FOR A CORNER OF TNIS TRACT$ THENCE N 60° 331 W. 320.114 FEET ALONG AND WITH THE NORTH- EAST BOUNDARY LINE OF HORNE ROAD TO THE PLACE OF BEGINNING, CONTAINING 2.0 ACRES OF LAND. TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELONGING, UNTO THE SAID TEXAS NATIONAL GUARD ARMORY BOARD, ITS SUCCESSORS AND ASSIGNS, FOR- EVER; AND THE CITY OF CORPUS CHRISTI DOES HEREBY BIND ITSELF, ITS SUCCESSORS AND ASSIGNS, TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES UNTO THE SAID TEXAS NATIONAL GUARD ARMORY BOARD, ITS SUCCESSORS AND ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO CLAtM THE SAME OR ANY BART THEREOF, BY, THROUGH OR UNDER SAID CITY OF CORPUS CHRISTI, TEXAS. THIS CONVEYANCE IS EXECUTED UPON THE EXPRESS CONDITION THAT AN ARMORY BUILDING, HAVING A CONSTRUCTION COST OF AT LEAST ONE HUNDRED THOUSAND DOLLARS ($100,000.00) BE CONSTRUCTED (SET BACK FROM HORNE ROAD AT LEAST FIFTY 150/? FEET BUT WITH FRONT WALL NOT MORE THAI) TWO HUNDRED FIFTY (2501) FROM SAID ROAD= ON THE LAND HEREBY CONVEYED, ACTUAL CONSTRUCTION OF WHICH SHALL BE COMMENCED BEFORE THE EXPIRATION OF EIGHTEEN ''418� MONTHS FROM THE DATE HEREOF, AND IN THE EVENT SUCH CONSTRUCTION IS NOT SO COMPLETED ON OR BEFORE SAID DATE, THE TITLE TO THE SAID LAND SHALL REVERT TO THE CITY OF CORPUS CHRISTI AUTOMATI- CALLY- WITHOUT THE NECESSITY OF THE CITY OF CORPUS CHRISTI DOING ANY ACT TO CAUSE THE REVERSION, AND UPON SUCH REVERSION THIS DEED SHALL BECOME NULL AND VOID AND OF NO FURTHER FORCE AND EFFECT. IT IS FURTHER MAD£ A CONDITION SUBSEQUENT OF THIS CONVEYANCE THAT THE PROPERTY HEREBY CONVEYED SHALL NOT BE USED FOR PRIVATE PURPOSES, AND IN THE EVENT THE GRANTEE HEREOF, OR ITS SUCCESSORS, SHOULD CEASE TO USE THE PROPERTY HEREBY CONVEYED FOR THE PURPOSES OF AN ARMORY AND RELATED USER, OR SHOULD SAID PROPERTY BE USED FOR PRIVATE PURPOSES, THEN THIS CONVEYANCE SHALL TERMINATE AND THE TITLE REVERT TO THE CITY OF CORPUS CHRISTI, AND THE CITY SHALL HAVE THE RIGHT TO ENTER UPON AND REPOSSESS THE SAID PROPERTY. WITNESSETH THE EXECUTION HEREOF, THIS THE DAY OF , 1957. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: BY BSELL - E. KCCLURE, CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM JANUARY 30, 1957: 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 CHRIST /, TEXAS, A MUNI- CIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE SANE WAS THE ACT AND DEED OF SAID MUNICIPAL CORPORATION AND THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CON- SIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1957• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS C i P US CHRISTI, TEXAS 09 , 195? TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF :TNE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 5AID CHARTER RULE OR REQUIREMENT AND PASS TH15 ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M tlR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULLI B. E. BIGLER MANUEL P. MALDONADO (I THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRE,4 ,0. SMITH W. J. ROBERTS MINOR CULLI � B. E. BIGLER MANUEL P. MALDONADO, 445