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Home My WebLink About05368 ORD - 05/27/1959JKH:5 -19 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTRACT FOR DEED BETWEEN THE CITY OF CORPUS CHRISTI AND ALTA VISTA CORPORATION WHEREBY THE SAID ALTA VISTA CORPO TION AGREES TO RE -PORCH SE CERTAIN LANDS DESCRICORDED DINEVOLUMEHSIFO, CITY, DATED FEBRUARY , 1959, PAGE 219 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. 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 FOR AND ON BEHALF OF THE CITY TO EXECUTE AND DELIVER A CONTRACT FOR DEED BETWEEN THE CITY OF CORPUS CHRISTI AND THE ALTA VISTA CORPORATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTION AND DELIVERY OF AFORE- MENTIONED CONTRACT 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 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 THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE�DAY OF MAY, 1959• ATTEST: � � MAYOR THE CITY OF Cd PUS CHRISTI TEXAS Cl Y SECRE A APPROVED AS TO LEGAL FORM S THE 07TH DAY OF MAY, 1959: CITY TT ORNEY 1M3adxNa5 -1&+59 �w CONTRACT FOR OE THE STATE OF 'TEXAS COUNTY OF NUECES WHEREAS, THE UNDERSIGNED, ALMA VISTA CORPORATION, RESERVED IN ITS DECD DATED FEBRUARY 40 1959# AN OPTION TO RE- PURCHASE CERTAIN t LANDS DESCRIBED IN SAID DEED FRO14 THE CITY OF CORPUS CHRISTI# AND SAID CORPORATION HAS EBERC MD SAID OPTION AND ENTERED INTO THE FObLOW- ING AGREEMENT WITH INC CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY ". I FOR AND IN CONSIDERATION OF THE PAYMENT OF THE AMOUNT OF MONEY HEREINAFTER PROVIDED BY THE ALTA VISTA CORPORATIONP HEREINAFTER CALLED "BUYER ", THE CITY OF CORPUS CHRISTI HAS AGREED AND DOES HEREBY AGREE TO BELL AND CONVEY BY SPECIAL WARRANTY OECD THE FOLLOWING DESCRIBED PROPERTY1 TRACT A STRIP OF LAMD 3 FEET IN WIDTH AND 94.48 FEET IN LENGTH AND BEING THE WEST 3 FEET of LOT 1 of THE ALTA VISTA HEIGHTS ADDITION AS SHOWN BY HAP OR PLAT OF RECORD IN VOLUME 19, PAGE 87, MAP RECORDS OF NUECES COUNTY, TEXAS# TO WHICH REFERENCE IS HEREBY MADE FOR MORE PARTICULAR DESCRIPTION* A TRACT OF LAND OUT OF THE WEST PORTION of LOT 6 OF THB ALTA VISTA HEIGHTS ADDITION OF RECORD IN VOLUME 19# pAGE 87# MAP RECORDS s OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING NONE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWSa BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6 FOR THE NORTHWEST CORNER OF THIS TRACT) THENCE H 60• - O11 - 30" E ALONG AND WITH THE NORTH BOUNDARY LINE OF SAID LOT 6, A DISTANCE OF 16.74 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT] THENCE IN A SOUTHEASTERLY DIRECTION ALONG INC ARC OF A CIRCULAR CURY6 TO THE LEFT WHOSE RADIUS IS 1034.4E FEET, A DISTANCE OF 99.01 FCET-TO A POINT# SAID POINT BEING THE POINT OF TANGENT TO SAID CURVED THENCE S W . 581 . 36" E A DISTANCE or 6.54 FEET To A POINT IN THE SOUTHERLY BOUNDARY LINE DF SAID LOT 6 FOR A CORNER OF THIS TRACTI - THENCE IN A WESTERLY DIRECTION ALONG, AND WITH THE VEST BOUNDARY LINE OF SAID LOT 6, A DISTANCE OF 109428 FEET s TO THE FLA13E OF SZOINNING. �1 UPON THE EXECUTION OF THIS AGREEMENT IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL, THE CITY AGREES THAT WITHIN r. SIX MONTHB FROM THE DATE HEREOF, THE FOLLOWING MATTERS WILL HAVE BEEN PERFORMED BY THE CITYI A. RESTORE THE LEVEL AND GRAD& OF THE SAID ABOVE•DESCRIBED TRACTS TO THE LEVEL AND GRACE WHICH EXISTED PRIOR TO FEBRUARY 4, 1959, BY PLACING SANDY LOAD) SOIL THEREON. Bs FAY ALL TAXES FOR THE YEAR 1959 WHICH MAT BE DUE FOR - 4959 ON SAID PROPERTY. , C. ESTABLISH A NEW BUILDING SETBACK LINE WHICH WILL PRO- VIDE FOR A BUILOtNG SETBACK LINE O1` 25 FEET PARALLEL TO THE WEST PROPERTY LIRE OF SAID LOTS 1 AND 6, AS SAID LOTS AMC SHOWN ON THE PLAT OF ALTA VISTA ttatGHTS ADDITION, OF RECORD IR Vol.. 19, FADE $7 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. 111 THE CASH CONSIDERATION TO BE PAID BY BUYER IS 0,430.0D WHICH IT IS AGREED WILL BE PAID UPON TENDER OF A SPECIAL WARRANTY DEED EXECUTED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI WITH PAYMENT TO BE MADE ON OR BEFORE SIN MONTHS OF THE DATE HEREOF. IV IT IS AGREED BY THE PARTIES HERETO THAT THE CONSUMMATION OF THE SALE AND CONVEYANCE OF LAND HEREIN AGREED TO to CONDITIONED UPON THE ABANDONMENT OF THE PROJECT OF THE WIDENIRG OP THE RIGHT OF WAY OF OCEAN DRIVE ON THE EAST SIDE EXTENDING FROM THE NORTH LINE OF LOT EI TO THE SOUTH LINE OF MINNESOTA AVENUEIy INVOLVING A PORTION OP THE LANDS DF MRS. Lucy DONIGAN WELCH AND MESOG DONIGAN, INCLUDING THE RE-CONVEYANCE TO SAID PROPERTY OWNERS OR OTHER RESTORATION OF TITLE TO SAID PARTIES WHICH TITLE IS Nov INVOLVED IN A CONDEMNATION PROCEEDINGS NOW PENDING IN THE COUNTY COURT OF NUECES COUNTY, TEXAS, AND IN THE EVEHT RAID RESTORATION -20 G� M1 R of TITLI: PROCEDURES NAVE NOT SEEN CONPSEtED WITHIN "TkE am MONTHS 3 - PERIOD H@REIN PROVIDED, THEN THIS OEBD QHALL at MUk4 AND VOID AND of No FORCE AND EFpCCTs - IT IS UNDERSTOOD AND AOREEO SY THE PART16S BERET" THAT THE PURPOSE OF THIS AORE6MENT IS IN ePftCT AM AGREEMENT SY THE CITY TO 116 «COHVEY TO PURCHASER THE I,AND6 ACQUIRED SY THE CITY IN A 0680 DATED ti FEBRUARY 4, 19590' RECORDED -IN VO" &0D PACE 2" or THE DCED REeoRDB OF NuEQEB COUNTY, Tex", UPON THE REPAYMENT OF THE BUN OF $111130 -00 PAID SY THE CITY TD SAID ALTA VISTA CORPORATION AT THE TINE OF RECEIPT- DF SAID DEM. n WITNRS$ OUR HANDS THIS _„DAY OF MAY, 1959 * - CITY OF CURPiJS CMISTI BY RBERT'W- Wit 4TNEY a CITY MANAGER -ATMTs ITY RCRETART APPROVED AS TO LEGAL FO MI Tli£ = 18TH DAY OF MAY, 1991 h, 'CITY ATTORNEY - - ALTA -VISTA CORPORATION — BY �iALLOVAY SEESY ATTESTe PassIDENT SECRETARY "t STATE OF TEKAS fi uu Y 6F MECFS OEFM HE# THE-uNDRRBIONEO AuTHORITY, ON THIS DAY PERSONALLY- APP EARED EI BERT 1E, W14ITIEYN CITY 14ANAUR OF THE CITY OF CORPUS CHRISTI, Tema, JINOWN TO NE TO SE THE 0686014 WHOSE NAME 19 SUSSCRISEO TO THE Lam. .-= .mn.� -. _..._.�F :. _ .... .,�.. ..,a...��.. ., ... ....b_. .a _...- .. fORE691N9 INSTRNMPIT AND ACNNOWLEDCED TO ME THAT HE 094"Ei THE SAMC fOR THE PURPOSES AND CoMbIOtRATION THERt /N 9X0RESSt9, AND IN'THE CAPACITY THEREIM OTATEO AND AS THE ACT AND Dtt9 Of SAID CITY. GIVEN URM W WAND AND SBAI. OF OFFICE, THIS THE � SAY OF MAY, 19". NOTARY PN9LIt IN Aft FOR NUMS'C94HTY, TtxAb THE STATE OF TEXAS � COUNTY OF NO[CES SEFO K K, Tot ttNOtRbICMED AUTHORITY, ON THIS •AY MINNIALLY APKARE9 GMAD AT SELBY, PRCSIOENT OF TNt ALTA VISTA CSMP9RATION,'NRSNM TO Nt TO Be THE PtRS9N AND OFFICER MHSSt NAME 19 SHBSCRls" T9 THE FORt4 COIMC INSTRUMENT, AID ACNNOSN.E84t0.T0 NE THAT THE SANE WAS, THE ACT AND � Ott9 OF ALTA VISTA CORPORATION; ARO THAT Ht tSEtHTE9 THE &Avg AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES A" t9NS19ERATION THIREIN Ex' PR"St* AND IN "I CAPACITY THI;REIH STAT990 GIVEN WO W HAND AND SEAL OF OFFICE, THIS Tot oAT Or MAY, NOTARY N"IC tN,ANO i*R N94CES PO4MTY, TICXAS • . CORPUS CHRISTI, TEXAS rd , 1 9�Y r TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPU C RISTI, TE S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTER ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO$ SR.