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Home My WebLink About15917 ORD - 11/26/1980JBA:vp311/26/80:1st AN ORDINANCE ACCEPTING A SPECIAL WARRANTY DEED FROM HARRY PINSON FOR .29 ACRES OUT OF ARROYO TRACT C, NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE WHICH IS PART OF SAID DEED ACCORDING TO THE ATTACHED COPY, MARKED EXHIBIT "A" AND MADE A PART HEREOF; REAPPRO- PRIATING $8,571:38 OUT OF THE RESERVE APPROPRIATION IN THE GENERAL FUND AND AUTHORIZING PAYMENT OF $10,000 FOR SAID LAND, $575 FOR THREE STOVES AND THREE REFRIGERATORS AND $86.46 FOR 1980 STATE AND COUNTY TAXES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council hereby accepts a Special Warranty Deed from Harry Pinson for .29 acres out of Arroyo Tract C, Nueces County, Texas and authorizes the Cit Manag•r .Y; -cute an acceptance, which is part of said deed ac . . n.` o e attached copy, marked Exhibit "A" and made a part hereof. SECTION 2. That in addition to the $2,084.08 reappropriated by Ordinance No. 15854 dated October 29, 1980, the further sum of $8,577.38 is hereby reappropriated out of the reserve appropriation in the General Fund so that payment in the sum of $10,000 for said deed can be made to Harry Pinson, together with $575.00 for three stoves and three refrigerators and $86.46 can be paid to the assessor -collector of Nueces County, Texas for 1980 state and county taxes on said property in compliance with the terms of said deed. SECTION 3. The necessity to accept a Special Warranty Deed from Harry Pinson as outlined above at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the X day of November, 1980. ATTEST: /� D �LOY• ��iA A , �y• , City'Secret r MAYIRt� ,9 APPROVED::Afv DAY OF NOVEMBER, 1980: T, J. BRUCE AYCOCK, Ca ATTOR EY By +ant. City At rney CITY OF CORPUS CHRISTI, TEXAS ,MIC latEluvitu 159117 iSEP Z 71984t cr u: ioy 111 u/OU IV -3o THE STATE OF TEXAS COUNTY OF NUECES * WARRANTY DEED KNOW ALL MIEN BY THESE PRESENTS: That, WHEREAS, the CITY OF CORPUS CHRISTI claims ownership of the real property hereinafter described by and through the Estate of Pearl Moore Westervelt; and WHEREAS, HARRY PINSON is the record title holder of said property by virtue of a Judgment entered August 19, 1977, in the 28th District Court of Nueces County, Texas, under Cause No. 77-1712-A; and WHEREAS, the CITY OF CORPUS CHRISTI has passed an ordinance authorizing the City Attorney to institute legal proceedings in order to resolve the title disputes; and WHEREAS, the CITY OF CORPUS CHRISTI and HARRY PINSON desire to amicably resolve their disputes without the necessity of litigation: NOW, THEREFORE, for and in consideration of the sum of Ten Thousand Dollars ($10,000.00) cash and other good and valuable con- sideration paid and agreed to be paid by the CITY OF CORPUS CHRISTI to HARRY PINSON, the said HARRY PINSON of Nueces County, Texas, has GRANTED, SOLD and CONVEYED and by these presents does Grant, Sell and Convey unto the said CITY OF CORPUS CHRISTI, a municipal corporation operating in Nueces County, Texas, subject to a life estate herein- after described, all of his right, title and interest in and to that certain tract, piece or parcel of land lying and being situated in Nueces County, Texas, and more particularly described as follows, to -wit: .29 acres out of ARROYO, TRACT C, in the City of Corpus Christi, Nueces County, Texas, as more par- ticularly described in a map or plat thereof con- tained in the Map Records of Nueces County, Texas, and being that same property described in Volume 1553, Page 124, of the Deed Records of Nueces County, Texas, together with all improvements thereon. This conveyance is made specifically subject to a life estate which is hereby retained by the Grantor, HARRY PINSON, in and to that portion of the above described real property designated as Apartment #4, said apartment being the same property occupied by the said HARRY 44i PINSON for many years. This life estate retained herein is confirmed by the CITY OF CORPUS CHRISTI by the acceptance of this Deed. The CITY OF CORPUS CHRISTI agrees that it will maintain all improvements upon the above described property in reasonable repair as a function- ing apartment house and will keep the said improvements in good, tenable repair during the continuation of said life estate and will maintain said property in accordance and to the standards of all City codes; ordinances and State statutes applicable. The obligation of the CITY OF CORPUS CHRISTI to repair the improvements on the above described property during the continuance of said life estate and the acceptance of the duties of maintaining the said property as an apart- ment house in a good and tenable state of repair are material parts of the consideration for the conveyance of this property. , This conveyance is further subject to any and all outstand- ing and unpaid ad valorem taxes claimed by any governmental unit, which said taxes are specifically assumed by the CITY OF CORPUS CHRISTI and the said CITY OF CORPUS CHRISTI agrees to indemnify and hold harmless the said HARRY PINSON from any claim by any governmental entity because of ad valorem taxes levied upon the property herein conveyed. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said CITY OF CORPUS CHRISTI, its successors and assigns, forever; and the undersigned hereby binds himself, his heirs, executors and administrators, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF CORPUS CHRISTI, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under him, but not otherwise. EXECUTED this day of , 1980. HARRY PINSON - 2 - (Acceptance on Page 3) ACCEPTED BY: CITY OF CORPUS CHRISTI Attest: By: This acceptance is authorized by the City Council of the City of Corpus Christi by Ordinance # , duly passed on the day of , 1980. -3- 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 suspension 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Corpus Christi, Texas day of Respectfully, MAY THE T Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspend ` by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15917 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 10,661.46 November 26, 1980 , 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 Reserve Appropriation - General Fund Project No. Project Name Harry Pinson Special Warranty Deed from which it is proposed to be drawn, and such money is not appropriated for any other purpose. November 28 , 19 80 Di ector of Fina FIN 2-55 Revised 7/31/69