HomeMy WebLinkAbout04939 ORD - 12/26/1957' IMS:EB:12J26/57
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY, A CONTRACT FOR THE ACQUI-
SITION OF 8 ACRES, MORE OR LESS, FROM WEST POINT COOPERA-
TIVE GIN COMPANY IN CONSIDERATION OF THE ACQUISITION OF
A NEW SITE AND THE PAYMENT OF THE SUM OF U7,500.00 DAM-
AGES FOR THE REMOVAL OF THE GIN FROM THE PRESENT SITE,
IllU TING THE GIN COMPANY TO COMPLETE THE REMOVAL FROM
THE PRESENT SITE TO THE NEW SITE ON OR BEFORE JUNE 2,
1958, AND MAKING THE OLD SITE AVAILABLE FOR USE AS A PART
OF THE NEW MUNICIPAL AIRPORT SITE; AUTHORIZING AND DIRECT-
ING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE
CITY, A CONTRACT FOR THE PURCHASE OF 10 ACRES FROM MARY E_
GIN COMPANY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE,
AND ON BEHALF OF THE CITY. A CONTRACT FOR THE PURCHASF
OO HUH IHt LAND ANU $3,000,00 FOR THE HOUSE, FOR SAID LAND
BE USED FOR RELOCATI N OF ROAD AND AS A PART OF THE AIRPORT
SITE OF THE NEW MUNICIPAL AIRPORT; A COPY OF EACH 0 D
THREE CONTRACTS IS ATTACHED HERETO AND MADE A PART HEREOF;
APPROPRIATING THE SUM OF $116,970.00 OUT OF NO. 245 AIRPORT
BOND IMPROVEMENT FUND; AND DECLARING AN EMERGENCY.
WHEREAS, IN CONNECTION WITH THE ACQUISITION OF PROPERTY AND CONSTRUC-
TION OF FACILITIES FOR THE NEW MUNICIPAL,AIRPORT, IT IS NECESSARY TO ACQUIRE THE
PROPERTY NOW OCCUPIED BY WEST POINT COOPERATIVE GIN COMPANY AND TO REMOVE THE GIN
PROPERTY IMPROVEMENTS THEREFROM, ACQUIRE A NEW SITE UPON WHICH TO LOCATE SAID
IMPROVEMENTS, AND ACQUIRE AN ADDITIONAL 13.47 ACRES AS A PART OF THE NEW AIRPORT
SITE AVID LAND UPON WHICH TO MAKE A RELOCATION OF THE PUBLIC ROAD, AND AGREEMENTS
HAVE BEEN REACHED WITH THE RESPECTIVE OWNERS FOR THE ACCOMPLISHMENT OF SAID OB-
JECTIVES, AND FUNDS ARE AVAILABLE IN THE AIRPORT BOND FUNDS;
NOW, THEREFORE, 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, AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT FOR THE ACQUISI-
TION OF 8 ACRES, MORE OR LESS, FROM WEST POINT COOPERATIVE GIN COMPANY IN CONSID-
ERATION OF THE ACQUISITION OF A NEW SITE AND THE PAYMENT OF THE SUM OF 07,500.00
DAMAGES FOR THE REMOVAL OF THE GIN FROM THE PRESENT SITE, OBLIGATING THE GIN
COMPANY TO COMPLETE THE REMOVAL FROM THE PRESENT SITE TO THE NEW SITE ON OR
BEFORE JUNE 2, 1958,. AND MAKING THE OLD SITE AVAILABLE FOR USE AS A PART OF
THE NEW MUNICIPAL AIRPORT SITE, A COPY OF SAID CONTRACT BEING ATTACHED HERETO
AND MADE A PART HEREOF.
039
SECTION G. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT FOR THE PURCHASE
OF 10 ACRES FROM MARY E. GABRIEL ET AL FOR AN AGREED PURCHASE PRICE OF $15,000.00,
AS A NEW SITE FOR THE GIN PLANT OF THE v /EST POINT COOPERATIVE GIN COMPANY, A
COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3. THAT THE CITY MANAGER BE, AND HE 15 HEREBY, AUTHORIZED AND
DIRECTED TO EXECUTE, FOR AND ON OEHALF OF THE CITY, A CONTRACT FOR THE PURCHASE
OF 13.47 ACRES OF LAND, AND THE HOUSE SITUATED THEREON, FROM I +IARY E. GABRIEL ET
AL FOR AN AGREED PURCHASE PRICE OF 03,470.00 FOR THE LAND AND y3,000.00 FOR THE
HOUSE, FOR SAID LAND TO BE USED FOR RELOCATION OF ROAD AND AS A PART OF THE AIR-
PORT SITE OF THE NEW MUNICIPAL AIRPORT, A COPY OF SAID CONTRACT BEING ATTACHED
HERETO AND MADE A PART HEREOF.
SECTICI'l L. THAT THERE IS HEREBY APPROPRIATED THE SUId OF $118,970.00
OUT OF ND. 245 AIRPORT BOND IMPROVEMENT FUND.
SECTION 5. THE NECE551TY FOR ENTERING INTO THE CONTRACTS HEREIN
DESCRIBED AND FOR MAKING THE APPROPRIATION DESCRIBED IN SECTION 4 HEREOF IN
PROCEEDING WITH THE ACQUISITION OF PROPERTIES NEEDED TO COMPLETE THE ACREAGE
REQUIRCO FOR THE NEW MUNICIPAL AIRPORT SITE 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 INTRODUC-
TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET-
INGS OF THE CITY COUNCIL, AND THE HAYOR, HAVING DECLARED SUCH EMERGENCY AND
NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT
THIS ORDINANCE BE PA55ED 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. /J
PASSED AND APPROVED THIS pC � DAY of d E 155/
MAYOR
TT{E CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETA
APPROVED AS TO LEGAL FORI THIS
DAY DECEMBER, 1957:
CITY ATTORNEY
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CONTAINING 70034 ACHES NONE Oft L.M.
THE TITLE TO DE CONVOYED SHALL DE SUBJECT TO THE HINCRAL INTERESTS WW
OUTSTAMO/WG AND NOT BWNER GO, SELLER AND SAID OUTSTANDING MINCRAL INTENTS
SMALL HE EXCEPTCD IN THE CONVEYANCE TO BE NAM TO THE CITY.
2. THE COMSOKRAT!Wl FOR THE PURCHASE OF SAID PROPERTY IS THE
FOL4AViNet
(A) THE SUM OF EIONTY SEVEN THOUSAND FIVC HuHDRED (S$37,51M.00)
DOLLARS, EA5H TO BE OCPOSITEO WITH THE TITLE INSURANCE AND
'RU5T COMPANY, HEREINAFTER NAMED, TO DE USED FOR THE PUR-
POSE OF DEFRAYiNO THE CKPENDES OF. INCLUDING SUPERVISION AND
,mn:R Si:FYICES OF *HE MANAGER (IF THE SELLER'S PROPERTY IH
�ONHi f.T i=1N W:Tfi, 11IC 'IEWYAL, ?EELOCATION AND RECONSTRUCTION
OF THE Gim PLANT AIM 7HE ACrEOSORY RUILOIR&.'iI STRUCTURF,S
AND FACIL)RiEO AT THE HEW LOCATION HERCrnAFTER DES :GMATED,
CX4, -P7 THAT SELLER DJCS NOT HAVE TO REMOVE rOONOAT! *"S.
(0) GUICR AGREES TO MARE AVA:LAFJLE AT THE PROPERTY LINE Or THE
PROPERTY HEREINAFTER DESIGNATED AS THE NEW GIN SITE, A
WATER SERVICE CONNECTION FOR THC FURHISHIN& OF WATCH FROU
THE MUNI.;IPAL WATV SUPPLY OF THE CITY Or CORPUS CHRISTI
FOR ONE ON SAID GIN PROPERTY IN TICE OPCRATION Or SAID GO"
PLANT BY A WATER LINE OF TUC SIZE AT LEAST L INCHES 0,O.
(C) BUY[N W14L PROVIDE THE FOLLOWING DESCRIBED LAME
A TRACT OR PARCEL Or LAND IN NUECES COUNTY, TECAs AND BEING OUT
TRACT NO, 10 OF THE MARGARET KKLL NN
Y SUIVISIOW AS SHOWN BY THE MAP OF SAI$
SUBDIVisrem RECORDED ON VOLWME 8, PAGE 40, DP THE MAP RECORDS Gr NUCCCS COUNTY,
TEXAS AHD SCIWO NDRE RAGTICULARLY DESCRIBED BY METES AND BOOM$ AS FOLLOWS[
BEGINNING, AT A POINT IN TIE WEST LINE OF THE TRACT OF LAND OUT Or
SAID LOT 10 COMVEYEO SY J. A. I:OSAR TO NUECES COUNTY ON JULY 5, 1941 SY OECD
RCCDRiE
AD IR VOLUNE 3WA PAGE 6 , or THE Ditto COR IIE
DS Or NCES COWIITT, TEXASA
AND BEING S 0' -25'' -W W 11$76' AND N 43 -1Y1�' 40P W 57.98' FROM THE KC
ILLY CORMEI[ Or sAis LOT 10 OF THE MARGARET LLY SUBDIVISION,
TNEMCE 5 OP -25' -50° W ALONG THE WEST LINE Or F-M ROAD #763 A
DISTANCE OF 5$0' TO A POINT FDR CORNER$
THENCE N 43' -11' -td" W A DisTANG[ or 1088.73' TO A POINT FOR
CORNER;
TNENCC N OP .25' -5G' E A DISTANCE Or 580' TO A POINT FOR CORNER,
TIIEHCc S W -111 -le E A DISTANCE Or 1088.T3' TO TN! PLACE OF
BEGINNING AND CONTAINING 10.00 ACRES OP LAW AND LYING WEST Or F-M GOAD 1763
AM IMMEDIATELY SOUTH OF AIM ADJOINING A TRACT W LAND K }NO AOWI$CO BY THE
CITY or CDRPUs CHRISTI rBR AIRPORT PWBPNsEN1
-g_
BEING TEN (10) ACRES or L.Am IN AREA, AND CONVEY SAND
SITE TO THE SELLER BY SPECIAL WARRANTY OEEO AND SHALL
FURNISH SELLER A TITLE INSURANCE POLICY FROM THE TITLE
INSURANCE AND TRUST COMPANY HEREIN DESIGNATED AS ESCROW
(
AGENT FOR THE FUNDS DEPOSITED UNDER SUN- OCCTIOH A) OF
THIS PARAGRAPH, AND SAID POLICY SHALL WHOLLY INSURE AND
INDEMNIFY THE SELLER AGAINST ANY Ti TLE DEFECTS ON ADVERSE
CLAIMS TO THE LAND HEREIN REFERRED TO AS THE GIN SITE AND
SAID POLICY SHALL BE DELIVERED TO SAID SELLER ON THE DATE
OF CLOSING OF THE CONVEYANCE BY SELLER TO BUYER OF THE
OLD GIN SITE HEREIN AGREED TO BE CONVEYED BY SELLER TO
BUYERS ANDS AT SELLERS REQUESTS BUYER WILL FURNISH
SELLER FOR EXAMINATION WHATEVER ABSTRACT OF TITLE ON THE
LAND BUYER HAS IN ITS POSSESSIONS PROVIDED THAT BUYER
CAN DEFER SUCH REQUEST FOR A REASONABLE TIME IN ORDER TO
MAKE ITS OWN EXAMINATION OF TITLE TO THE LAND FROM THE
SAID ABSTRACT OF TITLE.
3• THE SELLER SHALL PROVIDE TO THE BUYER FOR EXAMINATION WHATEVER
ABSTRACT UP TITLE ON ITS PROPERTY THAT IT HAS IN ITS POSSESSION OR 14 IN THE
POSSESSION OF ITS OrFICERSS WHICH ABSTRACT OF TITLE, IF NOT CERTIFi ED TO DATE
of DELIVERY, WAY BE SUPPLEMENTED BY THE BUYER AT ITS EXPENSES BY ABSTRACTS
CERTIFIED TO DATE OF DELIVERY, WHICH ABSTRACT Of TITLE FURNISHED OY SELLER
AND SUPPLEMENTED TO DATE BY THE BUYER MUST SHOW OON/D MERCHANTABLE FEE SIMPLE
TITLE IN SELLER, OR AT THE OPTION Of SELLER THE SELLER MAY PROVIDE, AT ITS
EXPENSE, FOR THE BENEFIT OF THE BUYERS A TITLE INSURANCE POLICY, WITHOUT
EXCEPTIONS TO THE EXISTENCE Of A DOW FEE SIMPLE TITLE IN BUYER UPON DELIVERY
OF PROPER CONVEYANCE BY GENERAL WARRANTY DEED, AND WHICH POLICY SMALL WHOLLY
INSURE AND INDEMNIFY THE BUYER AGAINST ANY TITLE DEFECTS OR ADVERSE CLAIMS
TO SAID PROPERTY. IN THE EVENT AN AB ►TRACT IS FURNISHED BY SELLERS THE
BUYER SHALL HAVE FIFTEEN (15) DAYS WITHIN WHICH To EXAMIMC SAID ABSTRACT
AND FURNISH AN OPINION TO SELLER Of mr W3ECTi OMs TO THE TITLE TO SAID
LANDS AND SELLER SMALL HAYS FIFTEEN (15) DAYS FROM RECEIPT Of SUCH OPINION
TO CURE ANY OSJECTIONA THEREIN. IN THE EVERT OF An OUTSTANDING DEED Of
TRUST AGAINST THE PROPERTY, SUCH IS SPECIFICALLY CONSIDERED A VALID OBJEC-
-3-
TiON BY BUYER. IN TKt CVENT SELLER PAILS TO CURE SUCH OBJECT IORB,
THE BUYER WAY TARE SUCH VERB AS ARE NECESSARY TO CURE BAID OBJECTIDMS
AND DEDUCT THE COST OF CURATIVE MATTERBS INCLUDING SATISFACTION OF ANY
PRONIBswv NOTE SECURED BY A DEED OF TRUSTS INCLUDING THE COST Of RE-
CORDING ANY INSTRURCWTS SO REOUIRCDS AND INCGRPGRAti DN THEREOF IN SAkO
ABSTRACT TO THE SCLLCRA AND WITHHOLD SAID AMOUNTS OUT OF THE CASH OTHC"
WISE HEREIN AGREED TO BE PAID BY THE BUYER. IN THE EVENT IT IS IMPRACTICAL
OR IMPOSSIBLE TO CURE ANY SUCH OBJECTION RAISED BY THE BUYER, THE BUYER
MATT AT ITS OPTIONS DECLARE THIS CONTRACT CANCELLED AND HAVE ALL MONIES
PAID OR DEPOSITED BY BUYER RETURNED TO BUYER.
4. IT 19 CONTEMPLATED THAT THE SELLER WILL REMOVE ALL STRUC-
TURES, INSTALLATIONS AND IMPROVEMENTS EXCEPT FOUNDATIONS FROM THE LANDI
HEREBY AORCED TO BE CONVEYED TO THE BUYERS BY JANE 2, 1958, AMD ANY
STRUCTURES IMpROV[MEHT OR FIXTURE REMAINING ON SAID LAND AT THE EXPIRATION
OF SAID PCRIOO OF TIME SMALL BE CONSIDERED AS HAVING SEEN ASANODNED BY
THE SELLER. UPON ACCEPTANCE Of TITLE DY BUYER AMC, PAri4ENT TO THE ESCROW
AGENT HEREIN DESIGNATED OF THE AMOUNT HEREIN AGREED TO OE DEPOSITED,
THE BUYER SHALL BE ENTITLED TO POSSESSION OF THE LAND HEREIN AGREED TO
DE CONVEYED BY THE :SELLER AND MAY USE THE SAME IN ANY MANNER DESIRED
PROVIDED THAT NO DAMAGE BE DONE TO THE STRUCTURE OR PRDPCRTY WICK THE
SELLER GAS HEREIN RETAINED# OR INC RIGHT TO REMOVE NOR INTERFERE WITH
THE REMOVAL THEREOF BY THE SELLER PRIOR TO JUNE 2# 1958.
5. AT THE TIME DF DELIVERY OF ALL CONVEYANCES HEREIN CON-
TEMPLATED THE GRANTOR IN SUCH CONVEYANCE SHALL FURNISH EVIDENCE THAT
ALL TAXES HAVE BEEN PAMD FOR ALL PAST YEARS# A" THAT ALL TAXES FDR THE
CURRENT YEAR WILL BE PRORATCO TO THE DATE Of DELIVERY OF POSSESSION.
(. BUYER HAS THIS DAY DEPOSITED WITH THE .a
h COMPANY, HEREIN CALLED 'ESCROW AGENT"/THE SUN OF
TEN THOUSAND ($10,000.00) DOLLARS AS EARNEST MGM[r TO ASSURE THE PERFORMANCE
Of THIS AGREEMEMT. SAID MONEY SHALL BE APPLIED AND CONSIDERED AS PART OF TH!
CGNSIDERATION HEREIN AGREED TO 6E PAID BY THE BUYER WINCH THE SELLER IS PRE-
PARED TO CONVEY TO BUYER THE PROPERTY AGREED TO SE BO CONVEYED AND BUYER,
AT THAT TIMES SMALL ALSO PAY THE BALANCE OF THE DEPOSIT PROVIDED IN sums[CTI'
(A) OF PARAGRAPH 2 HEREOF. SHOULD THIS BUYER FAIL TO CONSUMMATE THIS CONTRACT
- 4 -
AS HEREIN SPECIFIED FOR ANY REASON, EXCEPT TITLE DITSCTS ON EITMCR INC
SELLER'S OAID LANG DR THE SAID TEN (10) ACRES Of LAW FOR THE NEW GIN SITE,
INCH SELLER SMALL BE CMTITLED TO RECEIVE THE SAID $10#O00.00 CASH DEPOSITED
AS LIRUIDATED DAMAGES FOR INC OREACH OF THIS CONTRACT. IF THC BUYER FAILS
70 CONSUIHIATE THIS AAREEMCNT BECAUSE TAU TITLE 1141MRANCE COM►AMY HEREIN
NAMES WILL SOU HO
HOT IE A TITLC IUAAIICE POLICY ON TIC SAID TEH (I4) ACRE
TRACT OR BECAUSE OF BEING UNABLE TG CONVEY MERCHANTABLE TITLC TO THE TRACT,
THEN THE SAID $109000.00 SMALL BE RETURNED TO BUYER. WHEN THE EXECUTED
DEED AND ANY OTHER NECESSARY EXECUTED PAPERS AND THE SALANCE OF THE CASH
PAYMENT ARE IN POSSESSION OF THE TITLE INSURANCE COMPANY OR TITLE GUARANTY
COMPANY, 5410 TITLE COMPANY WILL CLOSE INC DEAL IN ACCORDANCE WITH ITS USUAL
AND CUSTOMARY PROCEDURC. IN INC EVENT SELLER FAILS TO TENDER A DEED COH-
V£YINO SAID PROPERTY IH ACCORDANCE WITH THE TERMS OF INS CONTRACT WITHIN
THE TIME PROVIDED HEREIN THE BUYER MAY ENFORCE PERFORMANCE Of THIS CONTRACT
BY CNACTION FOR SPECIFIC PERFORMANCE THEREOF.
7. AS PART OF THE CONSIOCRATION TO THE BUYERS THE JELLED AGREES
THAT TUC DEED TO THE TEN (101 ACRES FOR THE NEW SIN SITE WILL CONTAIN EM
SUBSTANCE THE FOLLOWING COVENANTS TO -Wf T;
THE WEST POINT COOPERATIVE GIN COMPANY ACCEPTS THIS CONVEYANCC
WITH THE KNWLEOGC THAT INC CITY OF CORW4 CHNISTIS TEXAS# IS ACQUIRING THE
PRESENT GIN SITE AS PART OF ITS NEW AIRPORT SITES AND ACCEPTS THIS CONVEYANCE
BY 'INC CITY OF CORPUS CHRISTI# TEXAS# WITH KNONLEDWE THAT AIRPORT ZONING
REGULATIONS WAY BE IIIPOSCD, INCLUDING REOUIRENENTS AS TO ESCAPING SMOII£,
GASES AWO FUMES THAT INTERFERE WITH INC RAPE USE OF THE AIRPORTI AND THE
WEST POINT COOPERATIVE GIH COMPANY SO COVENANTS TO TAKE, WITHIN A RC4801iASLE
TIME, SUCH MEASURES AS A RCASONAOLE BIM OPCBATOR WOULD TAKE 70 PREVENT THE
ESCAPING OF SUCH QUANTITIES OF SHORE, GASES AND/041 FUMES AS WOULD INTERFERE
WITH THE SAFE USE OF THE AIRPORT. I
F1. BUYER AGREES THAT THE OECD TD INC TEN '(10) ACRES FOR A NEW OIN
SITE WILL tONTAIN A COVENANT BY THE BUYER TWAT THE MORTNEASTERNMOST BOUNDARY
LINE OF THE SAID TEH (10) ACRES WILL, BY JULY 1, 1958# FRONT UPON A MWECCS
COUNTY R/GHTKW -WAY CONTAIN /HO A PAVED ROAD OF CUSTOMARY WIDTH AND COMSTRUC+
TION, AND FURTHER COVENANTS IT WILL NOT CLOSE 00 ASAMDOI ANY EXISTING ROAD
WITHIN OR ON LANDS ACOUIRED FDA AIRPGGT PURpWS THAT WOULD BE HARMFUL TO
..g_
THE SELLER'S BUSINESS AT THE NEW LOCATION PRIOR TO THE CONSTRUCTION AND
OPENING FOR PUBLIC TRAVEL Of AN MIYALENT ROAD,
9. THE BUYER AGR£HS, IN ADDITION TO THE CONSIOEHATION ABOVE
DISCV59E0, TO REIMBURS£, SELLER FOR ANY REASOHARLE E%PENSE INCURRED BY
VIRTUE Of A CNAROE BY THE UTILITY COURANT FOR EXTENDING ANfl CONHECTINa
TO THE NEW GIN Sit£ OF 10 ACRES GAS AND TELEPHONE FACILITIIES EQUIVALENT
TO THE FACILITIES AT THE PRCSEMT GIN SITE.
IO, IT 15 ONDEROTDOO BY ALL PARTIEy HERETO THAT THIS DEAL. IS
TO BE CLOSED THROUGH THE TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY
ON OR NEFORE FORTY (i()) BAYS FROM THIS DATE,
EXECUTE") IN TRIPLICATE, EITHER COPY OF WHICH SHALL CONSTItUT€
AN ORIGINAL, ON THOS THE DAY OF " 195
WEST POINT COOPERATIVE GIN COMPANY
By
SELLER
CITY OF CORPLIS CRRISTI, TEXMu
3Ym
CITY AGER.—.
BUYER
ATTESTe
CITY CCRETARY
APPROVED AS TO LEGAL MAI TMIS
,_.,. _.. DAY DE _ A 1l1`1... t
CITY TTGRHCY
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N.jvAav A" PC&
TaxAa
J&ls ED T 12/Q/57
THE STATE OF TEXAS }
COWN O NIJECES f
THIS MEMORARauk Or AGREEMENT MADF AND ENTERED IHTG DY AND amiccN
MART E. GABRICL, INDIVIDUALLY AND AD INDEPENDENT EXECUTRIX OF THE ESTATE OF
M. p. OASTIbELA OECEBOVISA MRREINArTER CALLED SELLER, OF THE COUNTY OF NUECES,
STATE DF TEXAS, AND THE CITY OF CORPUS CHRISTI, NENEINAFTER CALLED BUYER, OF
THE COUNTY OF NUE:C£S, STATE DF TEXAS,
w i T M E S S E T H
1. THE SELLER, FOR THE CONSIDERATION AND UPON THE TERNS HEREINAFTER
SET OUT# NEREDY AGREES TO SELL AND CONVEY UNTO BUYCR, AND BUYER AGREES TO GUY
THE FOLLOWING DESCRIBED PROPERTY AND THE IMPROVEMENTS THEREON, SITUATED IN
NUECES COUNTY# TEXAS, TO -WiTT
A TRACT OR PARCEL Or LAND IN NUECES COUNTY, TEXAS, AND BEING
CUT OF TRACT NO. lO OF THE MARGARET KELLY 3U3DIVISIOM AS SHORN
OY THE MAP OF SAID 5U9DIVI3t ON RECORDED IN VOLUME 8, PAGE 40,
OF THE HAP RECORDS OF NUECES i.OUNTY, TEXAS, AND ail NG MORE
PARTICULARLY DESCBtOED BY NETES AND GDURDS AS FOLLOIdST
BCOONH1NG AT A POINT IN TNC WEST LINE Of THE TRACT OF LAND
OUT OF SAID LOT 10 CONVEY&D BY J. A. KQBAR TO��NDUECES C`OUNTY
ON JULY 3, 1941, BY DEED RECORDED IN VOLUME 3W, PAGE 13
OF THE JEED RECORDS OF NUECES COUNTY, TEXAS AND JEING > 0`-
"5' -7)0" ., 1131.76' Am;) N 431 -11' -11111 '.i 57.9t�' FROM THE HORFH-
EAST CORnCR OF SAID LOT 10 OF THE MARGARET KELLY :W301'VILSI ON;
THENCE S 01 �`I W ALONG THE WEST LINE OF F-M ROAa #763 A
DISTAMCE Of ' TO A POINT FOR CORNER' -
THENCE N 43`- il' -1Q" W A a16TARCE of 10W.T3' TO A POINT FOR
SORNEN;
THEace R 0`- Z5' -J0" E A DISTANCE Or 580' TO A POINT 11014 CORNER;
THENCE $ 1131- 1i' -10" E A DISTANCE Of 1088.73' TO THE PLACE OF
a EGINRIX3 AND CONTAINING 10.00 ACRES Or LAND AND LYING eiEST
OF F-11 ROAD #763 AND IMMEDIATELY SOUTH OF AND ADJOINING A
TRACT Or LAND BEING ACQUIRED BY THE CITY or CORPUS CHRiSTI
FOR AIRPORT PURPOS£S.
2. THE PURCHASE PRICE is FIrTCEN THOUSARD DOLLARS ($15,000.00).
3. THE SELLER SHALL PROVIDE# AT HER EXPENSE, FOR THE BENEFIT OF THE
BUYER, A TITLE INSURANCE POLICY, WITHOUT EXCEPTION, TO SAID TITLE BEING MADE
IN SAID TITLE POLICY, EXCEPT AS TO OUTSTANDING MINCRAL INTERESTS, LEASE61OLD
INTERESTS, AND EASEMENTS, OF RECORD, WHICH POLICY SNAIL WHOLLY INSURE AND IH-
DENNIFT THE 3111YEA AGAINST AMY TITLE OEf ECTS 00 ADVERSE CLAIMS THERETO. SAID
TITLE INSURANCE POLICY. SHALL BE ISSUED THROUGH A RELIABLE TITLE INSURANCE
CGN►ANY AND SMALL at DELIVERED TO THE BUYER ON TIM: DATE Or THE CLDa1RG Of THIS
DEAL. THE $111ELLER SMALL, IN ADDITION, PROVIDE PDR ®UYERIS EXAMINATION IM ITS
OFFICES OF ALL ABSTRACTS OF TITLE PRSPAREO ON THE PROPERTY IN HER POSSESSION
OR AT HER DISPOSAL, AND GIVC WRITTEN PERMISSION FOR THE BDYER TO EXAMINE IN
ITS DFPI"A ALL A@STINICTD SF TITLR an TIME. PROPERTY OWNED OR HELD RT ALL
PC&"" OR CORPORATIONS OTHER TNAM THE PARTIES TO THIS ASAIPNENT.
4. UPON THE SECURING OF THE TITLE INSLRANC£ POLICY PROVIDED FOR
HEREIN, SELLER AGREES TO DELIVER A GOOD AND SUFFICJEHT GENERAL WARRANTY DEED
DRAWN IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT, PROPERLY CONVEYING
SAID PIHfP €QTY TO SAID BUYEA, AND BUYER AGREES THEREUPON TO MANE THE CAS" PAY-
MENT.
j. ALL TAXES TO BE PAID BY SELLER UP TO AND INCLUDING THE YEAR
1957•
6. ALL TAXES, INSURANCE, RENTS, AND INTEREST, IF ANY, FOR THE YEAR
1958, AMC TO BE PRORATED BETWEEN THE BUYER AND SELLER TO DATE OF CLOSING,
EXCEPT AS MAY DE NEREIN OTHERWISE PROVIDED.
7, BUYER WAS THIS DAY DEPOSITED WITH THE TITLE INSURANCE COMPANY
OR TITLE GUARANTY COMPANY THE SUN OF UIE THOUSAND, FIVE IANDRCD 'DOLLARS
01,500.0D) AS EARNEST MOHEN HEREUNDER TO SE APPLIED ON THE CASH PAYMENT
ABOVE SET OUT WHEN DEAL IS CLOSED, AT WNICM TIME THE BALANCE OF CASH CONBID-
ERASION SMALL ALSO DE PAID. SHOULD THE BUYER FAIL TO CONSUMMATE THIS CONTRACT
AB NEREIN SPECIFIED FOR ANY REASON, EXCEPT TITLE DEFECTS, THE SELLER SHALL BE
ENTITLED TO RECEIVE SAID CASH DEPOSIT AS LIQUIDATED DAMAGES FOR THE BREACH OF
THIS CONTRACT. WHEN THE EXECUTED DEED AMC AHY OTHER NECESSARY EAECUTED PAPERS
AND THE BALANCE OF THE CASM PAYNEWT ARE IN POSSCMI ON DF THE TITLE INSURANCE
COMPANY OR TITLE GUARANTY COMPANY SAID TITLE COMPANY WILL CLOSE THE DEAL IN
ACCORDANCE WITH ITS USUAL AM CUSTOMARY PROCEOURE. to THE EVENT SELLER FAILS
TO TENDER A DEED CONVEYING SAID PROPERTY IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT WIT"14 THE TIME PROVIDED HEREIN THE SUYER MAY ENFORCE PERFORMANCE OF
THIS CONTRACT BY EHACTtOM FOR SPECIFIC PERFORMANCE THEREOF.
�. IT IS UIIDERSTDOO BY ALL PARTIES HERETO THAT THIS DEAL IS TO BE
CLOSED THROUGH THE TITLE INSURANCE COMPANY OR TITLE GUARANTY COMPANY ON OR
BEFORE FORTY (40) DAYS FROM THIS DATE.
.. 2 ..
EKECii= IN TRIIik GATE, E /TNER COPY OF WHICH SHALL COIMTITUTS AR
DEIDi NAP, ON THIS THE DAY DF DECEMAAt, 1"7.
LLER
CITY OF C49M CHRISTI, TEXAS
DY
CITY PIARMIER
OLM
ATTEST:
ITV EREwT
APPAIPIM AS TO LEPAL rOM THIS
OILY OF DECDeM, 19871:
ITV ATTDR1PcY
T1t STATE W TEXAS
COUNIM OF NUECLS
KFDRE PEI THE UHOERSIONED AUTHORITY, ON THIS RAY PERSONALLY
APPEARED WRY E. "WIEL, INDIVIDUALLY AND As IHDEPUDENT £xECUTRIX OF THE
ESTATE OF *. M. GAOR1EL, DECEASEOs KNOWN TO NE TO BE THE PCRSDN WHOSE NAME all
SUDSBRIREO TO THE TORMS&INp INOTRUNENT, AND ACNNBVLEDSED TO ME TNT SHE CEECUTED
THE SAIN: FOR THE PURPOSES AND CONSIDERATION THEREIN EXPREESSED AND tN THE
CAPACITIES THEREIN STATED.
GIVEN UNDER IIY HAND AND SEAL OF OFFICE, TNIs THE DAY Of
DEcERSER, 1957.
NOTARY PUBLIC IR AND FDR NUECEs CmmTT,
TEXAS
THE STATE DF TEXAS i
CDUNTY or Mau j
KFORE PE, THE 1NDEROican AIITIDIIf TY, ON THIS DAY PERSONALLY APPEAMB
RUSSELL E. McCLURE, CITY PIANADEO of THE CITY or CDRPus Cmi&TI, TExAs, ► MIMIC/PAL
CORPORATION, HAIM1 TO UK TO Of THE PERSON AND OPPICER WNW RARE IR SOSOCRIDEO
TO THE fORCODING IRSTRUNENT, AND ACXNOWLEOOEO to RE THAT THE SANE WAS INS ACT
AND O[EO OF SAID CITY, AID THAT ME ExECUTED THE SANE AS THE ACT AND DEED or THE
C1YY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSES AND IM THE CAPACITY
THEREIN STATED.
GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE _RAY OF DECEMBER,
NOTAOY PUBLIC IN AMR FOR NUECC$ COUNTY,
TExAs
we,; cc- ..1211$/57
TW STATE Or TEXAS j
c"yy of Nmces 4
THIS MCMSRANDUM Or AGREEMENT MADE. AND ENTERED UNTO RT AND BETWEEN
NARY E, GAM EL. INDIVIDUALLY AND A9 IHDEPEMOEHT EXECUTRIX Or THE ESTATE OF
W W. GARRTEL, MCEASKA, ACILINAPTER CALLED SELLER. K TUC COUNTY Or muE6CS,
STATE OF TEXAS, AND THE CITY OF CORPUS CMMI9T1, NCRE4MATTES CALLED BUYER, OF
THE COUNTY Of PNUECES, STATE Or TEXAS.
':; I T N I: �, S L T H
1. THE 6tLI.ER, PON TIE CONSIDERATION AND UPOk THE TERMS KREIRAFTER
SET OUT, MEM.31 AGSEES TO SELL AND CONVEY ONTO OUYEII, AND BUYER AORE£S TO 3UT
THE f'MI Wi1NG OESCRiSEO PROPERTY AND THE IMPROVEMENTS TNERCON, SITUATED IN
NUEECS COUNTY, TEXAS, T"M
A TRACT OR PARCEL Or LAN} IN NUECLR COUNTY, TEXAS, AND U£FNG
OUT OF TRACT HO. W or THE MARDAUTET KELLY SNROf Vi SUOk, AS
BMOWN DT MAP or SAJO SUBMIV13100 RECORD IN VOL, g, PAGE 401
OF THE MAP'iIECOMDS OF NUCC£3 COUNTY, TEA", Atip 3LING MORE
PARTICULARLY OCSCRi OED OT METES AND BOUNDS AS FOLLOWS:
BEGIMWINO /N THE NORTH L1WE OF THE TRACT CONVCI'EO TO M. M.
GAiR1C7. MY J. A. KOGAR AND WIFE, AMC K"AR, DV OECD DATED
JANUARY IG, T945x RCNFOROEO IH VOL. 307, PAGE tlkr AM0 DEED
DATED :1ECEMOER 27, 191k, AND RECORDED IN VO- , PAGE 510,
OF THElJEED AtECOnas or NuECES COUNTY, TExASj SAID SEW NNING
POINT �EIWN IN THE CENTER or K09AR %AO A OiSTAIICE or 1126.02
FEET WESTERLY FROM M. M. GARRIEL'S NORTHEAST COAMER;
THENCE CASTERLY ALONG THE SAID GABRIEL'S NORTH LINE, AND - - --
ALONG THE CEWTCR Of KOSAR i20AD, AT 10.32 ICET PASS THE
NORTHEAST CORNER OF 'SECTION 5 R04E V of THE H. L. M NNEY
SECTIOMIZED LANDS, IN ALL 1126.02 PEET TO 111. 9, Gmpti.EL'S
NORTHEAST CORNER, A POINT in THE CENTER OF PAfHN.TO.IIARNET
�k— 763;
THEI.EE SOUTH KOHL P4 14. GAORI£L'S CAST LINE AND ALONG THE
CENTER OF 5A40 FARM- TO- 14ARRET ROAD, A DISTANCE Of 1181.76
FEET TO A PO"T FOR CORNER)
THENCE IN A NORTKWtSTCRLY DIRECTION A Oi STANCE 0r 1f'1�c^.32
PEET TO THE PLACL OF OECINNiNGj�NUN] COXt AIHi AS 15.a ACRES
OF LAND, LESS A STRIP Or LAND 40 rCCT WIDE OFF OF THE ENTIRE
EAST 9109, OECD ED OY J. A. KOSAR TO T" COUNTY Or NUCCES ON
JULY 5, 1911, AND RECORDED IN voL. J'✓=', PAGE 632, of THE
''7LE0 :4ECORDs Or NuECEs COUNTY, TEXAsj
AND ALSO LESS A STRIP OF LANO 30 PEET WIDE OFF THE NORTH
SIDE DEEDED TO NUECES COUNTY MARCH 23, 1953, AND RECORDED
IN VOL. 604, PAGE 435, Or THE DEED RECORDS OF NUCCES BOUNTY,
TEXAS;
,?HO CDIITAINiWC, 11.470 ACRES Of LAND, MORE OR LESS-
2. THE PURCHASE PRICE IS StxTEEN TMIMisAND, FOUR MKORCO AND SEVENTY
<bLLAR6 �s^Iw,147f1.h7G7).
3. THE SELLER SMALL PROVi Ot, AT NCR ERPENSE, fOR THE BENEFIT Of TTIC
BAYER, A TITLC INSURANCE POLICY, WITHOUT EXCEPTIONS TO 4A10 TITLE CEIHG MARE
IN SAID TITLE POLICY, EXCEPT AS TO OUTSTANDING MINERAL IMItUIEVS, LEARENOLD
INTERESTS, AND CASEMENTS, OF ACCORD, WHICH POLICY SMALL WHOLLY INISUl9 AMC IN—
DEIHIIFY THE BUYER AGAINST ANY Ti TLC BEFtCTS OR ADVERSE CLAIMS TRENETO, SAID
Tint lNSWRAMCE 'POLICY SMALL DE isSWEO THR®ISN A RELIASLC TIYLE WOURANCE
COMPANY AND SHALL SE DELIVERED TO THE BUYER ON THE DATE OF THE CLOSING Of THIS
OEAL. THE SELLER SMALL, iN ADOt Ti ON, PROVIDE FOR BUVCR'S EXAMINATION IM ITS
DffICES OF ALL ABSTRACTS OF TITLE PREPARED, ON THE PROPERTY IN NCR POSSES$IDIl
OR AT HER Ot SPO$AL, AND SiVE WRITTEN PERMISSION FOR THE BUYER TO EXAMINE IN
ITS OFFI£ES ALL ABSTRACTS OF TITLE ON THE PAO►ERTY OWNED OR NEW BY ALL
PERSONS IIR CORPORATIONS OTMtX THAN THE PARTIES TO THIS AORCEMENT.
@. LIFOI THE SElt"ift Of SHE TITLE SMMIIAIMt POLICY ""tGED FOR
UERtIN, SELLER AGREES TO DELIVER A aDOO AND SUFFICIENT GENERAL WARRANTY DEEO
DRAWN IN ACCORDANCE Wi YU THE PROVISIONS Of THIS CONTRACT, PROfCRLY COMPRYIMG
SAID PROPERTY TO SAID BOYEA, AND BUYER AORCCS THEREUPON TO MARL THE CASH PAY-
MENT.
}. ALL TAXES TO OC PAID SY SELLER UP TO AND INCLUDIND -THE YEAR
1957•
61 ALL TARES, INSURANCE, RENT$, AND INTEREST, IF AMY, FOR THE YEAR
1956, ARE TD at PRORATED BETWEEN THE BUYER AND SELLER To DATE or Cs.DGIMG,
CRCCPT AS MAY St MERE'M OTHERWISE P11041R9B.
7• BUYLR HAG THIS DAY DEPOSITED WITH THE TITLE /MSURAPI" COMPANY
OR TITLE GUARANTY COMPANY TMt $!Ri OF QME D
Twmsm , Six 1 w
RlMDREO AMR FoRTGtVER
DOLLARS (41,607.00) AS EARNEST HONEY mcatWNoER TO DC APPL1Eo OH THE CASH
PAYMENT ABOVE SCT BUT WHEN DEAL IS CLOSED, AT WHICH TINE TUC BALANCE M
CANN COMSt OCRATION SHALL ALSO O£ PAID. SHOULD THE UUYCR FAIL TO CONSUMMATE
TMIS CONTRACT AS MERCIM SPECIFIED FOR ANY REASON, EXCEPT TITLC DEFECTS, THE
SELLS# 4WII. SE ENTITLED TO RECtIYE SAID CASH DEPOSIT AS LIQUIDATED DAMAGES
FOR THE $REACH OF THIS CONTRACT. WHEN THE EXECUTED DECD AND ANY OTH €R NECES-
SARY EXECUTED PAPERS AND THE OALAMCC OF THE CASH PAYMENT ARE IN POSSESSION
Of THE TITLE INSURANCE COMPANY OR TITLE OUAAAHTY COMPANY SAN* TITLE COMPANY
WILL CLOSE TWC DEAL IN ACCONSAMICE WITH ITS USUAL AND CUSTOMARY PROCEDURE,
MW
IN THE [TENT SELLER FAILS TO TEOWEN A DEED CIIYVEYING SAID PROPEIFIT IR ACCORDANCE
WITH THE TCRIAS OF THE CONTRACT WITHIN THE TIME POWIDEO HEREIN THE IJYEN MAY
ENFORCE PElrOSUmCE OF TMIS CONTRACT BY ENACTION FOR SPECIFIC KOWCS/ANCE -
THEREOF.
401. IT 19 UNDERSTOOD SY ALL PARTIES HERETO THAT THIS OCAL IS t9 OE
CLOSED THROWN THE TITLE INSURAHCC COMIANY OH TITLE SUARANVY COMPANY ON OR
GCFOAC FONTY (40) DAYS FROM THIS PATE.
E- tEWT'O IN YRIPLICATE, EITHER COPY OF WHICH SHALL CONSTITUTE AN
URl'+"INAL, ON THI5 YHE !)AY OF JMMQER, 1567.
ATTTST: CITY OF COAPIA :w oll, TexA3
3Y
CITY SECRETARY ...,- CITY KAHASER
EIME 7
APPRGVC3 AS To LEGAL FIRM TM5
JAY OF -XCEMEG, M7:
ITT - ATTORNEY
THE YTATFr' of TzwY
COUHTT OF ME=
F#CFOR' ME, THE UNDERSIGNED AUTyIORtTY, 00 76113 DAY PERSONALLY APPEARED
MAW E. GAt''F•!I €LP INDIVIDUALLY AND AS INOEPERDENT LxECUTRIx OT THE ESTATE OF
W H. GAORIEI, IECEASEO, KHOHH tp ME TO OE TNT PERSON WMOSE NAME IS SUMACAIRED
TL TOP FORMING NMSYNUMENTI AND ACNNOWLEDSED TO me THAT ONE ExECUr" THE SANE
FOR THE PURPOSCS AND CONSIOZRATtAN TNENKIN EXPRESSED ANO IN TOM: CAPACITOES
THEREIN STATED.
1 Ca 1957- IVCH UNOER MY IAW AND $CAL OF 0IFICE, Into Twe _ DAY DP DecemoERT
NOTARY PWLIC IN AND FOR RUEtCS COUNTY,
Tex"
THE STATL OF T€X"
COIHTY or HIYC.5
KPORE HC, THE UNOCNSISWES AUTIMMINTY) ON THIS NAY PERSONALLY APPIARED
RUSS U C. MECLURL, C1TT W RASCR OF THE CITY of CORPUS Comma, TEx", A
MUNICt PAL CORPORATION, MUD" TO NE TO Be THC PERSON ANO OFFICER WHOSE RAMS 19
SUBSCRIBED TO THE FORCOOING INSTRWMENTF AND ACNNOULEDDED TO HE THAT YNE SANK
WAS THE ACT ARD OCCO OF IlAla CIYT, AND THAT HC EXECUTED THE SANE AS THE ACT AM
OUD OF SAID CITY FOR THE PURPOSE$ AND CONSIDERATION THEREIN EXPRESSED AND IN
TINE CAPACITY TIERCIN 3TAM).
GIVEN U XT , HIT HAII0 Atka =iL& OF OFFICE, TNtli THE ,,,,__ DAY OF = XCENUER,
1957•
NOTIHIV PUBLIC IM AND FOR MUSS COUNTY!
TEXAS
- Att-l"
DECEMBER 26, 1957
I certify to the City.Council that the money required for the
contract, agreement, obligation, or expenditure contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of No.
245 AIRPORT BOND IMPROVEMENT
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
a.. 4 �4
Director of Finance
CpJg�(�g11US CHRISTI, TEXAS
/`-'.! ,1957
TO THE MEMBERS OF THE C17Y COUNCIL
CORPUS CHRISTI. TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING . .._ . _.. . _. ._
G ORDINANCE, A PUBLIC EMERGENCY AND D MPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TIOM 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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
R ESP EC T FULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTED:
FARRELL O. SMITH
W. J. ROBERTS
B. E. BIGLER
r
MANUEL P. MALDONADO,
CHARLIE J. AILLS
--
ARTHUR R. JAMES
ODELL INGLE -
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
FARRELL O. SMITN
W. J. ROBERTS
B. E. BIGLER1`,
MANUEL P. MALDONADO -
CHARLIE J. RILLS
ARTHUR R. JAMES
ODELL INGLE
g93i