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Home My WebLink About04952 ORD - 01/22/1958AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, A SPECIAL WARRANTY DEED CONVEYING TO THE WEST POINT COOPERATIVE GIN COMPANY TEN 10 ACRES OF LAND IN THE MARGARET KELLY SUBDIVISION, A COPY OF SAID DEED BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, IN CONNECTION WITH THE ACQUISITION OF PROPERTY AND CONSTRUCTION OF FACILITIES FOR THE NEW MUNICIPAL AIRPORT, ON THE 26TH DAY OF DECEMBER, 1957, THE CITY COUNCIL AUTHORIZED THE CITY IIIANAGER TO ENTER INTO A CONTRACT WITH THE WEST POINT COOPERATIVE GIN COMPANY, WHERE- IN THE CITY OF CORPUS CHRISTI, TEXAS, AGREED TO CONVEY TEN (10) ACRES IN THE I"IARGARET KELLY SUBDIVISION AND PAY :37,500.00 IN EXCHANGE FOR THE WEST POINT COOPERATIVE GIN COMPANY'S AGREEMENT TO CONVEY 7.32 ACRES OF LAND IN THE J. C. RUSSELL FARM BLOCKS, WHICH LAND IS NECESSARY FOR THE NEW MUNICIPAL AIRPORT; AND WHEREAS, THE WEST POINT COOPERATIVE GIN COMPANY HAS EXECUTED AND DELIVERED A DEED IN ESCROW OF THE 7.82 ACRES OF LAND, TO BE DELIVERED WHEN THE CITY OF CORPUS CHRISTI, TEXAS, EXECUTES ITS DEED TO THE SAID TEN (10) ACRES OF LAND; ,Q!, 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 OF CORPUS CHRISTI, TEXAS, A SPECIAL WARRANTY DEED CONVEYING TO THE WEST POINT COOPERATIVE GIN COMPANY TEN (10) ACRES OF LAND IN THE MARGARET KELLY SUBDIVISION, A COPY OF SAID DEED BEING ATTACHED HERETO AND MADE A PART HEREOF. - SECTION Z. THE NECESSITY FOR EXECUTION OF THE SPECIAL WARRANTY DEED HEREIN DESCRIBED, NEEDED TO OBTAIN THE DEED TO THE ACREAGE NECESSARY FOR THE NEW MUNICIPAL AIRPORT SITE, CREATES A PUBLIC EMERGENCY AND AN 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 4g5-)-- SUCH EMERGENCY AND NECESSITY TO EXISTS REQUESTING 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 FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS _aDAY OF '1958- MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY,/i J t APPROVED AS TO LEGAL FORM THIS"' 22ND DAY OF JANUARY, 1958: CITY kATTOANEY JAWSCas1 /i &/9$ THE STATE OF TEXAS KNOW ALL MEN BV THESE PRESENTS: COUNTY NUECES THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATIONS OF NUECES COUNTY, TEXAS, FOR AND IN CONSIDERATION BF TEN DOLLARS `!10.003, CASH TO HAM*, PAID TO IT SV VEST POINT CDOPERAYIYE GIN COMPANY, GRANTEE HEREIN, AND IN FURTHER CONSIDERATION OF THE COVENANT CONTAINED HEREIN, MADE TO IT BY THE SAID WEST POINT COOPERATIVE GIN COMPANY, GRANTEE H EREIN, HAS GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS Does GRANTS SELL AND CON- VEY, To THE SAID WEST POINT COOPERATIVE GIN COMPANY, GRANTEE, ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, EXCEPT THAT ALL 01L, GAS AND OTHER MINERALS ARE EXCEPTED FROM THIS CONVEYANCE AND HEREBY RESERVED, LYING AND BEING SITUATED IN NUECES CGUHTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: A TRACT OR PARCEL OF LAND IN NUECES COUNTY, TEXAS, AND BEING OUT OF TRACT NO. 10 OF THE MARGARET KELLY SUBDIVISION AS SHOWN BY THE MAP OF SAID SUBDIVISION RECORDED IN VOLUME 8, PAGE 40, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED SY METES AND SOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE TRACT OF LAND OUT OF SAID LOT 10 CONVEYED BY J. A. KoSAR TO NUECES COUNTY ON JULY 54 1941, BY DEED RECORDED IH VOLUME 308, PAGE biz, of THE DEED RECORDS DF NUECES COUNTY, TEXAS AND BEING S 09- 251 -50" W 1181.761 AND N 43'-111 -10" W 57.991 FROM THE NORTH- EAST CORNER OF SAID LOT 10 OF THE MARGARET KELLY SUBDIVISION, THENCE S OA- �' -5O" W ALONG THE WEST LINE OF F-M ROAD 1763 A 01 ST ANCE OF 5 1 TO A POINT FOR CORNER; THENCE N 436- 111 -10" W A DISTANCE OF 1088.731 TO A POINT FOR CORNER; THENCE N 0 °451 -50" E A RISTANCE OF 5801 TO A POINT FOR CORNER; THENCE S 43°- 111 -10" E A DISTANCE OF 1088.731 TO THE PLACE OF BEGINNING "No CONTAINING 10.00 ACRES OF LAND AND LYING WEST GF F-M ROAD #7633 ANO BEING THE SAME TEN (10) ACRES OF LAND CONVEYED BY MART E. GABRIEL, IN- DIVIDUALLY AMD AS INDEPENDENT EXECUTRIX OF THE ESTATE OF M. M. GABRIEL, DECEASED, TO THE CITY OF CORPUS CHRISTI, TEXAS. GRANTOR COVENANTS THAT, BY JULY IST, 1958, IT WILL ESTABLISH A NUECES COUNTY RIGHT -OF -MAY, CONTAINING A PAVED ROAD OF CUSTOMARY WIDTH ANO CONSTRUCTION, THAT WILL FRONT ON THE NORTHEASTERNNOST BOUNDARY LIME OF THE ABOVE DESCRIBED TEN (I0) ACRES, AMC COVENANTS THAT GRANTOR WILL NOT CLOSE OR ABANDON ANY EXISTING ROAD WITHIN OR ON LANDS ACQUIRED FOR AIRPORT POR- POSES THAT WOULD BE HARMFUL TO THE GIIANTEEIS SUSINESS AT THE NEW LOCATION PRIOR TO THE CONSTRUCTION AND OPENING FOR PUBLIC TRAVEL OF THE RELOCATED F-H ROAD 763. GRANTEE HEREIN COVENANT&# BY ACCEPTANCE AND RECORDATION OF THIS 1NSTRUNEMT, TRAT 11 ACCEPTS THIS CONVEYANCE WITH THE KNOWLEDGE THAT THE CITY OF CORPUS CHRISTI, T €x AS, HAS ACQUIRED THC PRESENT GIN SITE AS PART Of ITS NEW AIRPORT SITE# AND ACCEPTS THIS CONVEYANCE BY THE CITY Of CORPUS CHRISTI# TEXAS, WITH KNOWLEDGE THAT AIRPORT ZONING REGULAT1095 MAY BE IMPOSED# INCLUDING REQUIREMENTS AS TO ESCAPING SMOKE, GASES AND FUMES THAT INTERFERE WITH THE SAFE USE OF THE AIRPORTS AND THE WEST POINT COOPERATIVE GIN COMPANY SO COVENANTS TO TAKE, WITHIN A REASONABLE TIME, SUCH MEASURES AS A REASONABLE GIN OPERATOR WOULD TAKE TO PREVENT THE EX- GAPING OF SUCH QUANTITIES OF SMOKE, GASES AND/OR FUMES AS WOULD INTERFERE WITH THE SAFE USE OF THE AIRPORT. TO HAVE AND TO HOLD THE ABOVE DESCRIBED PRENTSES, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELONGING, TO THE SAID GRANTEE AND ITS SUCCESSORS OR ASSIGNS FOREVER. THE GRANTOR DOES HEREBY BIND ITSELF AND ITS LEGAL REPRESENTATIVES TO WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE SAID PREMISES UNTO SAID GRANTEE# ITS SUCCESSORS DR ASSIGN5, AGAINST ANY PERSON WHONSO£VER, LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF# BY# THROUGH, OR UNDER THE SAID GRANTOR. EXECUTED %MIS DAY OF , t958. ATTEST% CITY SECKTAlly APPROVED AS TO LEGAL FOW3 CITY ArTommmy -g. CITY of CORPUS CHRISTI, TEXAS By ITT NANAarg THE STATE OF TEXAS COUNTY OF WECES WORE ME, THE UNDERSIGNED AUTHORITYi ON THIS DAY PERSONALLY APPEARED RMSELL E. NCCLURE* CITY NANAOER OF THE CITY OF CORPUS CHRISTI* TEEM* KNOW" TO HE TO DE THE PERSON WHOSE NAHE IS SuRSCRISEo TO THE FORE- GOING INSTRUMENT AND ACXNONLEDOED TO HE THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED* AND IN THE CAPACITY THEREIN STAYED AND AS THE ACT AND DEED OF SAID CITY. OVEN UNDER NIT HAND AND SEAL OF OFFICEt THIS THE DAY OF 1958- NOTARY PUBLIC IN AND FOR NUECES COUNTY* TEXAS. - 3 - C S CH215T1, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE MRE- 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: 1. THEREFORE. HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR RE4U1REMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. BIGL ,. MANUEL P. MAL DO NA DO, MA MA CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE l THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH / W. J. TS BIG B. E. BIGL EP , MANUEL P. MALDONADO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE NW29M