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HomeMy WebLinkAbout12156 ORD - 07/03/1974• JRR:vmr:7-1 -74; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEED OF DEDICATION FOR THE PRIVATE LOS AMIGOS PARK DESIGNATED AS PARCEL NO. 16 OF THE BAYFRONT OPEN SPACE PARKSITE, PROJECT NO. 291 -70 -8, FROM THE GRANTORS, RICHARD M. KLEBERG, JR., ET AL; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $812.87 FOR CONSIDERATION FOR THE DEDICATION DEED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to accept, for and on behalf of the City of Corpus Christi, the deed of dedication for the private Los Amigos Park, designated as Parcel No. 16 of the Bayfront Open Space Parksite, Project No. 291 -70 -8, from the Grantors, Richard M. Kleberg, Jr., et al, all as more fully set forth in. the contract and deed of dedication, a copy of which is attached hereto and made a part hereof, marked Exhibit 'W'. SECTION 2. There is hereby appropriated out of the No. 291 Park • Bond Fund the sum of $812.87 as part of the consideration for the dedication deed. SECTION 3. The necessity to authorize acceptance of the aforesaid contract and deed of dedication and to appropriate the sums hereinabove described in order that the City may take possession of the parcel for the Bayfront Open Space Parksite project creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduc- tion but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and necessity exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the "4 day of July, 1974. ATTEST: idle AS$i t- '6'tary M&IORI CITY OF CORPUS CHRISTI, TEXAS APPSVED : DAY OF JULY, 1974: 10�fAd i ThA, EXEC. ASST. City Attorney 12t56 THE STATE OF TEXAS D KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT WE, Richard M. Kleberg, Jr., John C. North, Jr., J. Patrick McGloin and M. Harvey Weil, Trustees (hereinafter called "Grantors ") for and in consideration of $812.87 the convenants of Grantee hereinafter made, have GIVEN, GRANTED AND CONVEYED,and do by these presents GIVE, GRANT AND CONVEY, unto the City of Corpus Christi, Texas (hereinafter called "Grantee "), except as hereinafter noted, all the following described tracts and parcels of land situated in Corpus Christi, Nueces County, Texas, to -wit: TRACT A Beginning at a point on the margin of Corpus Christi Bay at a Cedar Post marked VI the North corner of a 5 acre tract and the eastern corner of this tract, Thence with the Southeastern line of this tract which is also the Southeastern line of a tract owned by M. Harvey Weil out of the Matt Dunn Tract in the original H. S. Harney one thousand acre tract south 450 west a distance of 200 feet more or less to the east line of Ocean Drive; Thence with the East line of Ocean Drive North 440 29' 35" west a distance of 110 feet, more or less, to the north line of the Weil 5 acre tract; Thence N. 450 East with said North line 200 feet more or less to the margin of Corpus Christi Bay. Thence with the meanders of Corpus Christi Bay S. 490 11' 30" E. 81.02 feet and S. 640 28' 30" E. 28.44 feet to a Cedar Post marked VI the Northern corner of a 5 acre tract and the Eastern corner of this tract the place of beginning containing 0.51 acres, more or less, together with all riparian and littoral rights. It is the intent of this instrument to describe and to convey of that certain tract of land conveyed by W. 0. Slattery, Trustee, and J. W. Day to Mr. M. Harvey Weil by deed dated September 5, 1947, and recorded in Volume 376, page 520, Deed Records of Nueces County, Texas, all portions of such tract which lie eastward of the road known as Ocean Drive. TRACT B Beginning at a point on the margin of Corpus Christi Bay at a common corner with the Harvey Weil 5 acre tract and the John C. North 8 acre tract both out of the W. S. Harney one thousand acre tract in Nueces County; Thence with the South line of the North tract and the north line of the Weil tract S. 450 W. a distance of 200 feet, more or less, to the East line of Ocean Drive; Thence with the East line of Ocean Drive, N. 440 29' 35" W. 102 feet, more or less to the South line of a tract 75 feet in width reserved by L. W. 0. Janssen out of the Northeast corner of the North tract; -1- Thence with said South line of the Janssen tract and the North line of this tract N. 450 E. 200 feet more or less to the margin of Corpus Christi Bay, Thence with the meanders of Corpus Christi Bay in a south- easterly direction 102 feet, more or less, to the place of beginning, containing 0.47 acres more or less, together with all riparian and littoral rights. It is the intent of this instrument to describe and to convey of that certain tract of land conveyed by L. W. 0. Janssen, et ux, to John C. North, Jr. by deed dated June 29, 1946, and recorded in Volume 356, page 100, Deed Records of Nueces County, Texas, all portions of such tract which lie eastward of the road known as Ocean Drive. TRACT C Beginning at a point marked VI on the margin of Corpus Christi Bay which point is the Southeast corner of a 5 acre tract owned by M. Harvey Weil and the northeast corner of a 10 acre tract owned by Richard M. Kleberg, both out of the W. S. Harney one thousand acre tract in Nueces County, Thence with the South line of the Weil tract and the north line of the Kleberg tract S. 450 W. 200 feet, more or less, to the East line of Ocean Drive, Thence with the east line of Ocean Drive S. 440 29' 35" E. 215 feet, more or less, to the south line of the Kleberg 10 acre tract. Thence with the South line of said tract N. 450 E. 200 feet, more or less, to the margin of Corpus Christi Bay, Thence with the meanders of Corpus Christi Bay in a Northwesterly direction to the place of beginning, containing 0.99 acres, more or less, together with all riparian and littoral rights. It is the intent of this instrument to describe and to convey of those certain tracts of land conveyed by DeWitt Reed to R. M. Kleberg by deed dated April 6, 1926, and recorded in Volume 182, page 487, Deed Records and by Mary Allen Sparks to Richard Kleberg by deed dated April 7, 1926, and recorded in Volume 1839 page 133, Deed Records of Nueces County, Texas, all portions of such tracts which lie eastward of the road known as Ocean Drive. The said tracts A, B and C being those tracts conveyed by Richard M. Kleberg, et al to Richard M. Kleberg, Richard M. Kleberg, Jr., M. Harvey Weil, and John C. North, Jr., Trustees, by deed and Declaration of Trust dated October 6, 1948, of recorded in Volume 412, pages 41 -50, Deed Records, Nueces County, Texas. TO HAVE AND TO HOLD the above described lands, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns, for open space purposes, subject to the conditions hereinafter set out, and only for so long as the said lands are used for such purposes. Grantee shall have the right to construct a seawall and such other structures as may be desired to prevent erosion; to grade, fill or dig away and -2- remove such portions of the land as may be desirable to prevent erosion and for landscaping purposes; and to install such piping and water connections and fittings and to do such planting of grasses, shrubs, flowers, and trees as may be desired for landscaping purposes, to construct pedestrian walkways or bicycle paths, and to do such other acts necessary to maintain and develop an open space area, but it is a condition of this conveyance that at no time shall there be erected or used on the above described land any structure which will obstruct the view of Corpus Christi Bay which now exists for an adult of average height standing at any point along the southwesterly right of way line of Ocean Drive directly across the street from the said land and that the said land will not be used for parking of vehicles or for outdoor cooking facilities, or picnic tables. Grantee agrees to discourage parking along Ocean Drive at this location to the end that parked cars will not interfere with the sight line mentioned above from the southwesterly right of way line of Ocean Drive or obstruct the view of said land as a landscaped area or of the open waters of the Bay by members of the public using Ocean Drive and the side- walks along Ocean Drive. It is agreed that if Grantee does not commence landscaping and use of the land herein conveyed for the purposes of this grant within a period of five (5) years from the date of this conveyance, or if at any time Grantee shall be in violation of any of the conditions which are herein set out and remain in violation thereof after the expiration of ninety (9o) days from receipt of notice in writing of such violation from Grantors or their successors or assigns, then in either of such events the rights of Grantee hereunder shall automatically cease and terminate. The preliminary development which the City has under contract at this time with Asphalt Paving Co. for grading bikeways, seeding etc., will be sufficient to satisfy the above requirement by Grantor. Upon either of such terminations, or upon the cessation of the use of said land for open space purposes, the land herein conveyed shall revert to Grantors, and their successors, to be held by them in trust subject to the provisions of that certain Declaration of Trust dated October 6, 1948, of record in Volume 412, pages 41 -50, Deed Records, Meces County, Texas, the same for all intents and purposes as if this conveyance had never been made. This conveyance is subject to all easements of record affecting such lands. The lien for Ocean Drive improvements, will be paid by Grantor, and dis- charged by Grantee. -3- There is excepted from this conveyance and reserved to Grantors, their successors and assigns, all oil, gas and other minerals in and under the above described land, without right of entry on the surface for any purpose in connection therewith, the right of use of the surface of said land for all purposes relating to the exploration, development and production of oil, gas and other minerals being waived by Grantors. EXECUTED this day of , 1974. Richard M. Kleberg, Jr. Trustee John C. North, Jr. Trustee J. Patrick McGloin M. Harvey Weil THE STATE OF TEXAS COUNTY OF KLBGERG Trustee Trustee BEFORE ME, the undersigned authority, on this day personally appeared RICHARD M. KLEBERG, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capa- city therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1974. Notary Public, Kleberg County, Texas -4- THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared JOHN C. NORTH, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1974. Notary Public, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES �{ BEFORE ME, the undersigned authority, on this day personally appeared J. PATRICK MCGLOIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1974. Notary Public, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared M. HARVEY WEIL, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1974. Notary Public, Nueces County, Texas -5- • CITY OF CORPUS CBRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 27, 1974 I certify to the City Council that $ 812.87 , the amount required • for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 291 Park Bond Fund Project No. .291 -70 -8 Project Name Bayfront Open Space ha isTso/7 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2 -55 Revised 7/31/69 al.Aj, 73 , 191 74 �Yje-f-t& o Director of Financ • Corpus Christi, Texas • `�day of , 19,� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement 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 meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, 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 vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark