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Home My WebLink About19472 ORD - 09/16/1986AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTION DEED TO CORRECT AN ERROR CONTAINED IN WARRANTY DEED, DATED APRIL 25, 1986, CONVEYING A TRACT OF LAND TO HIALCO-OIC HOUSING ASSISTANCE, INCORPORATED; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi conveyed by Warranty Deed, dated April 25, 1986, a .478 acre tract of land to HIALCO-OIC Housing Assistance, Incorporated for development of an elderly and handicapped housing assistance program, said deed containing an erroneous recitation pertaining to a restrictive Covenant and a reversionary clause; and WHEREAS, it has come to the attention of the Department of Housing and Urban Development that the time limitation for construction of improvements and the ere the desireoofythe aCity coCouncilntained itnosauthori eaid deedwthe sexecution tated in of error and a curative instrument to correct such error. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute and deliver a correction deed to HIALCO-OIC Housing Assistance, Inc. to effect the corrections contained therein and to be given in substitution of one certain warranty deed, dated April 25, 1986, a copy of such correction deed being attached hereto and marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to appropriate the abovementioned funds at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regulr s ssed and firstareadingnas an emergency smea ure this ordinance �the a23rd day ofhSeptember , all take ffect upon 1986 TEXAS: ATTEST: Arm n o Chapa, City Sec tory MAYOR Lu THE APPROVED:( DAY OF September, 1986 Hal George, City Attorney,. 09P.017.04 r Jones ITY OF CORPUS CHRISTI, TEXAS 1.9472 MICROFILMED Corpus Christi, Texas / /64L day of /b o� , 1986 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYO Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 99.045.01 19472 THE STATE OF TEXAS § COUNTY OF NUECES § CORRECTION DEED KNOW ALL MEN BY THESE PRESENTS: EXHTBITO That the City of Corpus Christi, a municipal corporation, acting by and through its duly authorized officer of the County of Nueces and State of Texas for and in consideration of the sum of Eighteen Thousand Five Hundred Dollars and No Cents ($18,500.00) and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto HIALCO-OIC HOUSING ASSISTANCE, INC. of the County of Nueces and State of Texas, subject to the reservations and exceptions hereinafter made and with the restrictions and upon the covenants below stated; all of the following described real property in Nueces County, Texas, to -wit: BEING a 0.478 acre tract out of Lot 5 and a portion of Lots 6, 7, 8, Block 57, Bluff portion, shown by plat in Volume A, Pages 2 and 3, Map Records, Nueces County, Texas and further described by metes and bounds as follows: BEGINNING at a point being the southeast corner of said Lot 5 also being a point on the west right of way of North Alameda Street; THENCE North 88°59'15" West, at 150.00 feet pass the common lot corner of Lots 5 and 8, in all a distance of 300.00 feet to a point being the southwest corner of said Lot 8 and being a point on the east right of way of Sam Rankin Street; THENCE North 1°00'00" East along said Sam Rankin Street right of way 27.04 feet to the point of curvature of a circular curve to the right; THENCE along the arc of said curve whose central angle = 88°22'47", radius = 15.00 feet, tangent = 14.58 feet a distance of 23.14 feet to the point of reverse curvature, being also a point on the south right of way of Winnebago Street; THENCE along said Winnebago Street right of way and the arc of a circular curve to the left whose central angle = 21°02'06", radius = 406.20 feet, tangent = 75.42 feet a distance of 149.15 to the point of reverse curvature; THENCE along said Winnebago Street right of way and the arc of a circular curve to the right, whose central angle = 22°40'04", radius = 346.26 feet, tangent = 69.40 feet a distance of 136.99 feet to the point of tangency; THENCE South 88° 59' 15" East continuing along said south Winnebago Street right of way 7.00 feet to a point being both the northeast corner of said Lot 6 and the intersection of the south right of way of Winnebago Street with the west right of way of North Alameda Street; THENCE South 1°00'00" West along said North Alameda Street right of way, at 50.00 feet pass the common lot corner of Lots 5 and 6, in all 100.00 feet to the point of beginning. 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 grantee, its successors and assigns forever; and it does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. 43.116.bo9.12 • The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with: That the land described herein shall be developed as multi -family housing for the elderly and handicapped in accordance with U.S. Department of Housing and Urban Development regulations and grants program. Current ad valorem taxes on said property have been prorated, the payment thereof is assumed by Grantees. This conveyance is further made and accepted subject to any and all conditions, restrictions and easements, if any, relating to the hereinabove described property to the extent only that the same may be in force and effect as shown of record in the office of the County Clerk of Nueces County, Texas. This Deed is made in place of and as a Deed of Correction of a deed executed by Grantor herein to Grantee, dated April 25, 1986, and recorded in Volume 2011, pages 137-139, Deed Records of Nueces County, Texas, wherein by error or mistake the first paragraph following the habendum clause on page 2 of said Deed included a last sentence written as: "and, that construction of improvements thereon shall be completed and approved for occupancy not later than forty-eight (48) months from date hereof.", when in truth and in fact said paragraph should end with the word "program"; and, as a consequence of such error described above, the second paragraph following the habendum clause erroneously imposed a condition upon the grant of title, when in truth and fact said paragraph should be deleted. This instrument is made by Grantor and accepted by Grantee in order to correct said mistakes, and in all other respects confirming said former Deed and shall be effective as of the 25th day of April, 1986. EXECUTED this the day of , 1986. ATTEST: Armando Chapa, City Secretary Craig A. McDowell, City Manager CITY OF CORPUS CHRISTI, TEXAS APPROVED: day of , 1986. R.W. Coffin, Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this the day of , 1986, by Craig A. McDowell, City Manager of the City of Corpus Christi, Texas. 43.116.bo9.12 Notary Public, in and for Nueces County, Texas My Commission expires: