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HomeMy WebLinkAbout05555 ORD - 11/04/1959i JAW:JKH :11 -3 -59 Ir AN ORDINANCE MICROFILMED JAN 14 1969 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE MALONEY- CRAWFORD TANK & MANUFACTURING CO., PROVIDING FOR THE P RCHASE OF CERTAIN BUILDINGS AND LEASEHOLD ES A ES. 7 RE PARTIC LA DESCRI ED HEREIN, FOR THE SUM OF $7800.00, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AP- PROPRIATING THE SUM OF MOO-00 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE MALONEY- CRAWFORD TANK & MANUFACTURING CO., PROVIDING FOR THE CONVEYANCE BY THE SAID 14ALONEY- CRAWFORD TANK & MANUFACTURING CO. TO THE CITY OF ALL IMPROVEMENTS, LOCATED ON OR PARTIALLY ON, THE FOLLOWING LOT, TRACT OR PARCEL OF LAND, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF THE G. W. HATCH 100 ACRE TRACT SOUTH OF HIGHWAY 9 FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH WITH THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT A DISTANCE OF 250 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE WEST PARALLEL TO THE NORTH BOUNDARY LINE OF SAID G. W. HATCH TRACT A DISTANCE OF 85 FEET TO A POINT FOR CORNER OF THIS TRACT; THENCE NORTH PARALLEL TO THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT A DISTANCE OF 169.98 FEET TO A POINT FOR CORNER OF THIS TRACT; THENCE WEST PARALLEL TO THE NORTH BOUNDARY LINE OF SAID HATCH TRACT A DISTANCE OF 65 FEET TO A POINT FOR CORNER OF THIS TRACT; THENCE NORTH PARALLEL TO THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT A DISTANCE OF 80.02 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID HATCH TRACT A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 26,451.3 SQUARE FEET, MORE OR LESS, AND PROVIDING FOR CONVEYANCE TO THE CITY OF A LEASEHOLD COVERING THE ABOVE DESCRIBED 26,451.3 SQUARE FEET, MORE OR LESS, AND GRANTING TO THE CITY A RELEASE OF CLAIMS, ALL FOR THE TOTAL SUM OF $7pw.00, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. 51555 f i SECTION 2. THERE IS HEREBY APPROPRIATED FOR PAYMENT UNDER THE SAID CONTRACT THE AMOUNT OF $7800.00 FROM THE BRIDGE REMOVAL AND RE- LOCATION BOND FUND N0. 230, PROJECT 230 - -55-2.3• SECTION 3. THE FACT THAT IT IS NECESSARY THAT ALL RIGHT OF MAY ACQUIRED FOR THE GRADE SEPARATION ON HIGHWAY 9 BE CLEARED OF PHYSICAL IMPROVEMENTS AND LEASEHOLD INTERESTS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAYING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 PASSED AND APPROVED, THIS THE Lf DAY OF "; , 7959• A MAYOR G ATTEST: THE CITY ORPUS CHR TI, TEXAS 0_ CITY SECRETARY APPROVED AS TO GAL FORM THIS DAY OF, 7959: ����- /WY ATTORNEY "Aas.IKH11-3 -59 `s CONTRACT FOR SALE OF 114PRWEMITTS,, L AND t� F nr nau ncg ..G THE STATE OF TEXAS � COUNTY OF NUECES THE RALONEY- CRAWFORD YANK SL MANUFACTURING CO., HEREINAFTER e CALLED SELLER, iN LIEU OF CONDEMNATION, AND THE CITY OF •CORPUS CHRISTI, A MUNICIPAL CORPORATION HEREINAFTER CALLED EWER, HEREIN AGREE AND i CONTRACT TO PERFORM THE FOLLOWINGS TO -WITS + ±. SELLER, FOR AND !N CONS16CRA*40A OF THE PROMISE By BUYER TO PERFORM PARAGRAPH 6, BELOW, AGREESTO BELL, GRANT, ASSIGN AND CONYEY' TO BUYERS (A) THAT PART OR PORTION OF -A LEASE DATED FEBRUARY 14, 1958, FROM G. W. HATCH, SR, AND FRANCIS HATCH TO SELLER, WHICH GRANTED A LEASE OVER THAT CERTAIN PIECE OF LAND 1501 x 250* OUT OF THE NORTHEAST CORNER OF THE G. W. HATCH 100 ACRE TRACT LYING SOUTH OF AND ABUTTING HIGHWAY 9, PNSOFAR AS THE SAID LEASE COVERS THE,FOLLOWINQ LOT, TRACT OH PARCEL OF LANOp TO -WITS BEGINNING AT THE NORTHEAST CORNER OF THE 0:•W.,HATCH, 100 ACRE TRACT SOUTH OF HIGHWAY 9 FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH WITH THE EAST BOUNDARY LINE OF THE SAID HUTCH TRACT A DISTANCE OF 250 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT;, THENCE WEST PARALLEL TO THE NORTH 90UNDARY LINE OF SAID 0. W. HATCH TRACT_A DISTANCE OF FEET TO A POINT FOR CORNER OF THIS TRACT; THENCE NORTH PARALLEL TO THE EAST EOUNOARY LINE OF THE - SAID HATCH TRACT A DISTANCE OF 169.98 FEET TO A POINT FOR _CORNER OF THIS TRACT; THENCE WEST PARALLEL TO THE NORTH EOUNDARY LINE OF SAID HATCH TRACT A DISTANCE OF 0 FEET TO A POINT FOR CORNER OF THIS TRACT; ' THENCE NORTH PARALLEL TO THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT A DISTANCE OF 60.02 FEET TO A POINT TOR THE NORTHWEST CORNER OF THIS TRACT; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF OAtb HATCH - TRACT A DISTANCE OF,150 FEET TO THE PLACE OF BEGINNING, AND COPITAIrifNG 26,1:51.3 SQUARE FEET, HDRE OR LESS. (B) TITLE TO ALL OF THE INPRDVEHENTS TO THE REAL ESTATE ON (((((E +\ THE ABOVE OESCRIBED 26,E+5T -3 SQUARE FEET (BUILDINGS, SHELL, GRAVEL, .�,• PLUMBING, ETC.) OR LOCATED PARTIALLY THEREON. (c) A RELEASE of ANY CLAIM BY SELLER AGAINST BUYER OR ITS ASSIGNS FOR DAMAGES TO THE REMAINING LEASEHOLD BECAUSE OF THIS PURCHASE OR BECAUSE OF BUYER'S PURCHASE OF LAND FROM G. W. HATCH,, SR., ET UK, FOR THE PLANNED PUBLIC PROJECT OF WIDENING HIGHWAY','% ESTABLISHMENT OF A GRADE SEPARA71ON AND ESTASLI8XMENT OOD USE OF THE SAVAGE LANE RAIL- ROAD LINE. �. Al-TIME, OF ct.os O, IN- PERFORMANCE OF PARAGRAPH 1, ABOVE, SELLER WILL EXECUTE AND DELIVER TO SUTER AN INSTRUMENT OF CONVEYANCE IDENTICAL TO EXHIBIT A, ATTACHED HERETO, AND SELLER HEREIN AGREES TO THE PROVISIONS CONTAINED IM EXHIBIT A. 3+ SELLER WILL WARRANT IN THE INSTRUMENT OF CONVEYANCE, IDEN- TICAL TO EXHIBIT A, MADE A PART HEREOF, THE TITLE TO THE LEASEHOLD AND 114PROVEMENTS CONVEYED AND THAT THERC ARE NO LIENS, LANDLORD LIENS, DEEDS OF TRUST, MORTGAGE$ OR TAXES OUTSTANDING AGAINST THE IMPROVEMENTS OR THE LEASEHOLD. 11. SELLER AGREES TO ASSUME AND PAY ALL 1959 TAXES AND THAT THE SAID AMOUNT IN ,PARAGRAPH d, BELOW, INCLUDES CONSIDERATION FOR TAXES. S£LLCR AGREES THAT PRIOR TO CLOSING, ANY UNPAID TAXES THEREON, INCLUDING 1959 TAXES, MAY BE PAID BY BUYER AND DEDUCTED FROM THE SAID PARAGRAPH 6, BELOW, AND THE BALANCE Be PAID .SELLER AS THE FULL PURCHASE PRICE. 5. SELLER AND BUYER AGREE THAT THIS DEAL IS TO OE CLOSED ON OR BEFORE FIFTEEN �iy� DAYS FROM DATE OF EXECUTION BY BUYER. SELLER AGREES THAT THEY WILL FURNISH, AT BUYER'S EXPENSE AND AT BUYER'S OPTION, A TITLE POLICY, WITHOUT EXCEPTION, FROM THE STEWART TITLE COMPANY ON OR BEFORE CLOSING• 6. BUYER, FOR AND IN CONSIDERATION OF TILE ABOVE BY SELLER, AGREES TO PAY SELLER, AT TIME OF CLOSING, THE CONSIDERATION OF 47800•00. 7. BUYER AND SELLER AGREE THAT SELLER WILL HAVE UNTIL NOVEMBER 3D, 1959, TO REMOVE ALL MOVEABLE £OUIPMENT ARM PROPERTY NOT HEREIN PUR- CHASED AND NOT PART OF THE REAL ESTATE, FROM THE SAID DESCRIBED AREA, AND SELLER AGREES THAT IT WILL HAVE ALL SUCH MOVEABLE PERSONAL PROPERTYj SUCH AS TA14XSS OFF THE PROPERTY 13Y THAT DATE* I I , I �i 'CR AND SELLER AGREE THAT THIS CONTRACT IS PERFORMABLE TEXAS; 6UYER: CITY OF CORPUS CHRISTI By SCLLCR: MALONEY- CRAWFOR0 TANK & MANUPACTU4ING CO. By E)HISIT W DEe TO IMVROVFjrt4TS LEAS L 1 RE EA , AWY QAIM5 THE STATE OF TEXAS } COUNTY OF NUECES THE•MAL6EY-CRAWFORD TANK & MANUFACTURING CO:.,'•HEREINAFTER CALLED GRANTOR$ OWNER OF A LEASE FROM G. W. HATCHS SR., ET UK& DATED FEBRUARY 14$ 1958$ IN LIEU OF CONDEMNATIONS HAe SOLO$ GRANTED, ASSIGNED AND CONVEYED TO THE CITY OF CORPUS CHRISTIS A MUNICIPAL CORPORATIONS HEREINAFTER CALLED GRANTEE' FOR AND IN CONSIDERATION OF THE SUN OF TEN t$10.00j DOLLARS IN HAND PAID US THIS DAY BY THE SAID GRANTEES THE RECEIPT OF WHICH IS HERCSY ACKNOWLEDGED$ AND DO HEREBY BY THESE PRESENTS SELL, GRANT, ASSIGN AND CONVEY THAT PORTION OF THE SAID LEASE PERTAINING TO AND INSOFAR AS IT COVERS THE FOLLOWING DESCRIBED„ LOT$ TRACT OR PARCEL OF LANDS TO -HITS BEGINNING AT THE NORTHEAST CORNER OF THE G. W. HATCH 100 ACRE TRACT SOUTH OF HIGIWAy FOR THE NORTHEAST CORNER OF THIS TRACT) THeacm 5DUTH,.WITH THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT_A DISTANCE OF 250 FEET TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT; TNENCf WEST PARALLEL TO THE NORTH 80UNDARY LINE OF SAID G. W. HATCH TRACT A DISTANCE OF 63 FEET TO A POINT FOR COROCIR OF THIS TRACTS ' THENCE NORTH PARALLEL TO THE EAST 90UNOARy LINE OF THE SAID HATCH TRACT A DISTANCE OF 1679.98 FEET TO A POINT FOR CORNER OF THIS TRACT; - i' THENCE WEST PARALLEL TO THE NORTH BOUNDARY LINE OF $AID HATCH TRACT A DISTANCE OF 65 FEET TO A POINT FOR CORNER OF THIS TRACT; THENCE NORTH PARALLEL TO THE EAST BOUNDARY LINE OF THE SAID HATCH TRACT A DISTANCE OF 80.O2 FEET TO A POINT FOR TUC NORTHWEST CORNER OF THIS TRACT; THetJCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID HATCH TRACT A DISTANCE Of 150 FEET TO THE PLACE OF BEGINNING, 2. AND CONTAININO ,451.3 SQUARE FEET$ NONE OR LESS. GRANTOR ALSO, 8Y THIS CONVEYANCES HEREIN RELEASES ANY SEVERANCE DAMAGES OR CLAIM FOR SEVERANCE DAMAGES THAT MIGHT RESULT OR CLAlMED,cTW HAVE RESULTED to THE VALUE OF THE REMAINING PORTION OF THE SAID LEASE NOT BEING t HEREIN CONVEYED, AND IT JS FULLY UNDERSTOOD THAT THE SAID LEASE BEING CONVEYED$ r• 1 w� IS PURCHASEO$ IN LIEU OF CONDEMNATIONS FOR USE IN CONNECTION VITH THE COHSTRUC TION AND USE OF A RAILROAD -TRACK AND/OR,THE WIDENING OF STATE HIGHVAY 40 AND CONSTRUCTION OF A GRADE SEPARATION THEREON. GRANTOV FURTHER HEREIN RELEASES ANY DAMAGES OR CLAIM FOR DAMA3CS AGAINST THE GRANTEE OR ITS ASSIGNS BECAUSE Of THE PURCHASE OF LAND BY GRANTEE FROM G. W. HATCH$ SR., ET -UX$ FOR THE SAME ABOVE SAID PURPOSES AND USE. GRANTOR HEREIN SPECIFICALLY' ©RANTS TO GRANTEE.THE IMPROVEMENTS SITUATED OR PARTIALLY SITUATED ON THE n6VE DESCRIBED 26x451.3 SOUARE,FEET. MORE OR LESS, AND TO WHICH IMPROVENENTS GRANTOR WARRANTS OWNERSHIP OR THAT GRANTOR IS ENTITLED TO SUCH IMPROVEMENTS UNDER THE PROVISIONS OF THE SAID LEASE.' ' GRANTOR WARRANTS TITLE TO THE SAID'LEASE AND IMPROVEMENTS AND THAT THERE ARE NO LIENS,, LANDLORD LIENS$ MORTGAGES,'' DEEDS OF TRUST OR TAXES ON THE SAID IMPROVEMENTS OR ON THE SAID LEASE HEREIN DE1111 CONVEYED* WITNESS OUR HANDS THIS DAY OF , 1959- MALONEY- CRAWFORD TANK �n MANUFACTURING CO. GRANTORSo THE STATE OF TEXAS COUNTY OF NUECES 1 SEFORE Ks THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY AP- PEAKED $ - OF TUC MALONEY -CRAW- FORD TFNK .MANUFACTURING CO., KNOWN TO HE TO BE THE PERSON AND OFFILER WHOSE NAME IS SUBSCRIBED TO THE FOREGOINO INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID MALONEY- CRAWFORD•TANK & MANUFACTURING CO., A CORPORATION, AND THAT HE EXECUTED THE SAKE AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES ANO'CONSIDERATIOH THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED* GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY 1959• NOTARY PUBLIC IN AND FOR NUECES COUNTY$ TEXAS - /lS_ 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.2 O Fund from which it is proposed to be dr awn, and such money is not appropriated for any other purpose.