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HomeMy WebLinkAbout04786 ORD - 04/24/1957IMS :EB :5/29/57 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO CONVEY TO THE TEXAS NATIONAL GUARD ARMORY BOARD 5 ACRES OF LAND BY 2 GENERAL WARRANTY DEEDS, THE FIRST OF WHICH SHALL BE A CONVEYANCE OF 2 ACRES OF LAND, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF, AND WHICH DEED SHALL BE IN LIEU OF THE FIRST DEED AUTHORIZED FOR EXECUTION AND DELIVERY BY ORDINANCE DATED JANUARY 30, 1957, AND NUMBERED 14745, AND THE SECOND OF WHICH DEEDS SHALL BE IN THE SAME GENERAL FORM AS THE COPY ATTACHED HERETO AND COVER SUCH ADDITIONALIAND COVERED IN THE FIRST DEED SO AS TO COMPRISE A TOTAL OF 5 ACRES IN THE CONVEYANCES IN 2 DEEDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED 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 3y��t -AL WARRANTY DEEDS, ONE DEED TO BE FOR A TWO ACRE PORTION OF SAID FIVE ACRE TRACTIN THE FORM ATTACHED HERETO, DELIVERY OF SAID DEED TO BE MADE ONLY AFTER APPROVAL OF C. A. A. OF THE PROPOSED ARMORY BOARD LOCATION, 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 EIGHTEEN (18) MONTHS FROM THE DATE HEREOF AFTER THE DETERMINATION BY THE CITY COUNCIL OF A PERMANENT USE PLAN FOR THE LANDS NOW INCLUDED IN THE CLIFF MAUS MUNICIPAL AIRPORT TO BE PREPARED BY THE CITY DIRECTOR OF PLANNING 6'c :, sA'.y c. AND APPROVED BY THE COUNCIL. THE LANDS TO BE DESCRIBED IN SAID FIRST 3aJ 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 FOLLbVS: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD, SAID POINT BEARS N 29° 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° 27f 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 60° 331 E. 320.14 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S 29° 271 W. 272.13 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF HORNE ROAD FOR A CORNER OF THIS TRACT; THENCE N 6o° 331 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 R. THE NECESSITY FOR EXECUTING THE DEEDS DESCRIBED ABOVE IN CONNECTION'WITH THE ARMORY CONSTRUCTION PROGRAM OF THE TEXAS GUARD 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DE- CLARED 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 15 ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS IL DAY OF , 957. MAYOR/ THE CITY OF CORPUS CHRISTI, TEXAS ATTEW -: ", CITY SECRETARY APPROVED AS T�LEGAL FORM THIS ' DAY OF 1957, l ` I' LTY ATTORNEY -2- 1M1:tIHEMMSi►'kR/�5i "L STATE <$ TEXAS p KWIW ALL M&i BY THE4E IRELENTSM THAT CITY 4 UAPU-'� I €).Y1. TEXAS, A mukicIPAL ceprollATlbn. ACTIMR HtREIH RY Ara TYRbVOH 116 DULY AVVIN"IM!tD CITY 4AMAI.90. RUSSi#„I, L. ftCLV111. rbR AMD IN CONSIOUATion of T#IE sun of TEn ttjo.001 DOLLARS CAsM TA+ IT IM HAMA PAID RT TUC TEX" NATIOUL GUARw AR"Y IU:A`i V. A ROaT POLITIC AMO CQKP6RATt Of TUC !M&T1 of TIIISAs, kLCt#PT or xplcft Is uLnum ACRMO1iL906CO Allis COHrtSStD, AN& Post WW#CH no LIS* VWtgSS OR IMpLICa IS 111TAIM0. WAS UtAklta. LlLP Ara Cj+fIVEyL >. Ago 419 Tnts6 PRZSS *Vi DO&$ (tA.iiT. aALL AMR Cti9)ny UOTO INC SAID TCXAs MATIO10AL GMARa A*mmV BOARD ALL THAT CERTA1k TRACT OR PARCEI. Or LAM# LYING AND SCIM6 SITUATED IN THE CITY or "N OUS Cl*MST1. 19XA6, Amt 1111111 MR& PARTICULARLT 09UM #8190 As ALLOWS, Tp«p0Ti III, ING A 2 ANN TRACT Of LAHR OVT b0, TftV C#ERTAIR TRACT O0, LAMO C6H1ME11ED TO TH19 C #1Y of ca*PVS CHRISTI. T81tAS. iT Sm ftASLA40 AMm BAMMir CbT1 8Y one BATED S4wVVBER 1MM. 1931 ARD "U001029 IN VOLUNI 533. PA819 4W 40, 'TR1 vow a*conON or NVUR;S COUNTY. STATE or TCCAs, not pARTICtLARLT BEBCR#Is1t1 RY METES Arb 80UHDS AS ial,Lowss SEGINNII[C AT A POIXT 10 TH1 IMOTI119AST *VWMOARV LIM19 of ft"nit R"vq, SAID p01HT *W$ n 20 $1► E. ]G rt19T fw0m In HOST 095TSRLY CCMMSM of TIME *00" allsm #8ED TRACT 11H1CH v"Taftv CORNI M IS A POIWT ON THE CPITQV LI1IE Or MMUC R0414 Vow A CORMSMI of THIS TRACTI TKNCE N 3790 ay. E. $3"$ ►13 rt19T 10 A PpIHT raw A CORK$ or THIS TRACT. SAID POINT SCING WWTHr19RT COR119R Op THE $Aso CITY OF CORPUS CHRISTI TRACT-, T14LNCE We 3e31 E► 3233 ►14 f"T TO A Pb#MT rail A CORAO Me mr THIS TRACT; TIt VE ' 39B 2" 11. IM-13 r1ET TO A 00INT IN THt "O"4EAST "MDARY "Me Or IIp1R1 ROAD rOR A fI111*411 Or THIS TRACT; TKMCE N wO 33• w. $n.14 0,141' ALOft AOa VIVO TM19 Rd1THSAST ROV10ARV LIRE Of N®RME ROAD TO THE PLACt OF RBRIHM11LIj CONTAINORG Z.€; ACR[S OF LAWC,. U HAVE AW TO KLD INS AWQVE DtSCRItto PREMISES. To- 4.T*0 Wit ALL AND SINGULAR THt RIGHTS A" APPURTENANCES T*9WETQ IN A*VWISt RELON41N4 UNTO INC SAID TEXAS NATIONAL P.UARD AMMSRY $CARD. IT'S 3UCCi'SSCAIS AND ASSIGNS FQREYERj 110114997. HOWEVER. TO THE REVER1SlONA1RV PROVISIONS 1121I11N. ArTu .SET OUT; AND 7109 SAID CITY or CORPUS CHRISTI. T"AS DOES M9RE4Y 11IMD ITSELr. ITS SUCCCSSWS AND ASSIGNS TO WARRAMT AND #0WCVM OEr4110. ALL A" SINGULAR TUC SAID PRELLIS&S TO THE $A#& TCXAS NATIONAL GUARD ARWWV BOAMD. ITS SUCCESSOMS AND ASSIGNS AGAINST CYERY PERSON WOOM"CVE11 LAHFULLV CLAIM- 104 00 TO CLAIM THE SAM OR ARV PART TWOCOVI SUH,#EC! HOWEVER, TO TALC N4YER- SMART PROVISIONS HERCINAFTE#R SET OUT. TN#b cQ1NETAHCIt is MA44 UPON INC EHPIItS& COMDITIQM THAT WITHIN LfGHT9 M (16) manit3 rROM THt *ATt MtREOr THt SAID TEXAS RIAYIONAL GUARD AM#OMY BOARD SMALL. coa MCE TM9 4#NTTRUCT#OR Or IiIMRQ1tEMEMT. UPON Tat A40Y9 DESCRIM PROPERTY SU#TAWL9 root USE Of A UNIT Or TMt T"AS NATIONAL GUA*O. TO& USE Of 104 P*OPCRTV SHALL at &UCH USE AS WILL NOT INTEMFEIIC WITH THE HA#HT MA"CL AND OPERATION OF CLIFr #TAUS MUNICIPAL AIRPORT AS AN AIRPORT EN £BNPLIAMfE PITH STAMRARDS, RHLES AMO REC01Rt11ENTls "TABLISNtD MV C. A. A. AMR THE CITY Or CORPUS CHRISTI. UNTIL AND UNLESS $09V AERPOR7 UZI IS DISC911- TIMUCD AND TO T041S END PLANS TOR VS9 SHALL " SU4MI1Tt9 To C. A. A. AND Tag CITT OF CORPUS CHRIST# FOR THtIR APPROVAL OR COMM I AND ONLY SUCH USE AS IS NOT 08jaCTIONAHLE SHALL as *ASE or THIS PROPERTY. ruaTHtRMIME TMt USE of INC PMOPCRTT ,MALL at SUCH AS To PERMIT TM9 WIDiIMIME at NORKt RgAD DN TN9 SIDg Or INC LANG Cow"40 HtRtIM PON AN ADDITIONAL uOUTM Of 23 PEST WITMOOT M'EIM11UlSEMAOiT FROM THE CITT FOR SUCH ADDITIONAL 91"1 Of VAV. AND ALL SOLLD- INS& Alit IMEPROVEMCNTS SMALL at SET RACK. IN ADOITION TO GET *ACE LIMB. NOW Sri SY CITT C*011MANCts$ THIS ADOIT#DW/L 25 rtET FROM THE PRtsENT RISKY Or WAY LINE Or SAID IfOR09 ROAD TO PERMIT IMM WL#SEMIM4 WLT"WT AMY EERPENSC TMtMtrON WMATSOLVER TO THE CITY. UTILITY LINES or THE CITY MAY at 1N8TALLtie ON OR ACROSS THE LAND 14IM95V GNANTEw AT %UCH POINT, OR PAINTS. AS WILL MOT 1NTE#RrERt WITH CONSTROCTOON ON IMPROVEM9IIYS PLACED THERCOM 4V THt GiRAMTEE. TNEDt COVINANTI AND CONQ #T19*S ARE TO at !#SIDING UPON AND TD 04 01169"SD 11Y VMS GRANTEE MERiIN. ITS SUCCESSORS AND ASSIGNS. AND IN CASE. Of AND UPON VIOLATION OR N4iIQHSUMAHCE of SUCH COVENANT AND CONDITION, THIS COMVtYAMCt SMALL at MULL AND VOID AND, SAID PRlUWStS SHALL THEN AND THERE WHOLLY AND AOSOLUTCLV REVERT TO THE GaAm"m HEREIN. AND 00 ACT 00 OMIAS WN ON INC PART OF TMt 119019f ICIARY IN THIS CLAUSE SMALL at A WA /VIN Of THE OPERATION OR EMPSiRCCMMENT Or SUCH tOVEMANT AND CON6.ITIOMI. 2 IT =S UND[RSTOM AMC ASREEiM BY AND SLTW€CN THE PARTIES HERETO THAT THE ABOVE D€BCRIOILP PROPERTY MAY Ot SUBLET BY THE GIOMMLTEE TO THE ADJUTANT GCMERAL OP THE STATE CAP TEXAS, ACCO"imi6 TS THE LAWS OP THIS STATE, BUT IN THE EVENT THE ADJUTANT G9*tikAL SHOULD, M"OR ANY RtASDIM, rAtL To PAY THE RtHT PRjSCRtStD iN SUCH LEAST, OR IN THE EYEMT THE LEamATLRE #?HAULS PAIL TO AP'PRDPRIAT€ lHo*9Y rOR THE PAYMIll Of SAID RENT, THEM IN EITHER Of SUCH EVENTS GRANTEE MAY SUBLET THE PREMISE; TO ANY PERBOH iNIOMM80 €VER AT Tot HAQKKST RENT SSTAINABL €; VOR SUCH USES AS ARE PER04 TTEO UNDER THE LITT ZONING ORDIMANCC APPLYINCI Tk THE ZONING USE OiSTRt CT WITHIN WHICH 5440 LAND SS LOCATE?; PROVIDED, HOWEVER,, THAT THE CITY Of CORPUS CHRISTI, TEXAS, SHALL NAVE THE FIRST OPTION TO SUDLEASt SUCH PMItMIStS UPON THE SAME TERM!{ AND COMB TOMS THAT THE LLE58EF €OMBt6ERi NQ SUS— LtaSAma Tot PROPERTY AND PROV +DtD FURTMER THAT WHEN, AS AM IP THE SOW" ISSUED BY 'THE TEXAS NATION" %HARD ARMORY ESOAMNM NMlDER A TRBST INDENTURE AATtD APRIL t, 1953i SHALL HAVE SEEN VULLT RIETIRED AND AT SUCH TAM! THE PROPERTY NERCIMABOYE Ot$CRIBED SHALL. HAVE CEASED TO HAVE BEEN USED FOR ARMORY P'NRPOS€Sy THEN UPON Tot ACCURR €NCE Or BOTH Of SU6H C9RT FMFflEMi:i EffiK THE PROPERTY SiNALL THEM AND THERE WHOLLY AM ABSOLUTELY REVERT TO SAID C'TY Of CORMIUS CHM STI, TEXAS. W I YW --.'L OW HAMM AT CORPUS, C601 ST ! , TtXAB, TH i ""s DAY Of ---,1957- THE CITY OF CORM f I ST F, TCRA$ s/F I2N069161. E. Lvfto, My ATTEST: i;ITY StCRETARi" PPRCWED AS TO LEGAL FORM EITY ATTORNtY - -- - THE 67ATE Uf TEXAS t;t iY OF ►AGES BEFOUK NE, THE UMBtRSiouto Ai+TNOR3TYp 00 ?Mill DAY P€ASDNALLV APltAas6 MAbELL E. M-C&M, C +TY MAMAQtR or THE C(TV Of C.D*"S CwaiSyE, TCXA$p KN:IMM TO M6 TO 9K TH9 PCRSQN VMsE NAMG i$ WBU*1499 T9 TM6 FORC- Q*s6iW SMSTM1iMWMT AND ACKNQWttGGC* ro SK THAT MK tXCCUTCD TMB SA1MC Foo TMME PMfWQKS A" C"9wDE,RATfQft T"SRtFM tXP*CS5tb, N TNR CAPACITY TRCRt;N STATED, A%& AS TMMF ACT AM QtZV of SAID City. taWN UMfJER W MW AMU SERF. V OFFICE, Two T"r _-PAY STAY or 1"7 40TAav F�Mj t in AND roe AK,M[A s Coumve, TtxAB CO US CHRISTI TEXAS 1 ,1957 TO THE MEMBERS'OF THE CITY COUNCIL CORPUS CHRISTI. TEXAS, GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE 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 SE PASSED FINALLY ON THE DATE IT.IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COVNCIL�, I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLLY,,� MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. B'IGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLIING E: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO t CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE 418