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Home My WebLink About021539 ORD - 12/22/1992AN ORDINANCE AUTHORIZING THE CONVEYANCE OF 5.79 ACRES OF LAND NEAR LAKE CORPUS CHRISTI, KNOWN AS THE CITY OF MATHIS LIFT STATION, TO THE CITY OF MATHIS, IN CONSIDERATION OF APPRAISED VALUE, FOR THAT CITY'S USE IN ENLARGING ITS WATER TREATMENT PLANT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. That the City Manager is hereby authorized to convey its interest in 5.79 acres of land near Lake Corpus Christi, known as the City of Mathis Lift Station, to the City of Mathis for that City's use in securing a federal Economic Development Administration grant to enlarge its water treatment plant, as more fully described in the Exchange Deed, and subject to the conditions set out therein, a substantial copy of which is attached hereto and made a part hereof, 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 for immediate action necessary for efficient administration of City affairs by the sale and conveyance of the subject property to the City of Mathis to timely meet the federal grant application requirements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 22 day of D2 citrin rZ r , 1992. A I I EST: L -17/_e777,i ✓ v, dAleity Secretary APPROVED: DAY OF , 1991 MAYOR CITY OF CORPJSRISTI JAMES BRAY JR., INTERIM CITY ATTORNEY By � '-'el 7 tc,1I AssistantCity Attorney \SF\037.ORD.aar 1 021539 MICROFILMED EXCHANGE DEED STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF SAN PATRICIO That the CITY OF CORPUS CHRISTI, TEXAS, home -rule city, for and in consideration of the exchange by Grantee of its leasehold interest under that Lease Agreement covering the herein described property dated September 16, 1977, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the CITY OF MATHIS, TEXAS, a general law city, Grantee, all that certain tract, piece or parcel of land lying and being situated in the County of SAN PATRICIO, State of Texas, and more particularly described on Exhibit "A" attached hereto. TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the above-named Grantee, its successors and assigns, forever; and the Grantor hereby binds itself and its successors to specially 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, by, through, or under it, but not otherwise. This conveyance is subject to all lawful restrictive covenants, ordinances, conditions, encumbrances, rights of parties in possession, charges, liens, and easements, if any, whether of record in the office of the County Clerk of said County or otherwise presently in force and affecting said land. There is also excepted herefrom all oil, gas and other minerals, if any, heretofore conveyed to others or reserved by Grantor's predecessors in title as shown by the records of said Clerk. This conveyance is further in termination of that Lease Agreement covering the property herein conveyed between the Lower Nueces River Water Supply District [predecessor in title to the Grantor herein] and Grantee dated September 16, 1977. Effective on the date of acceptance of this Deed, said lease shall be terminated and be of no further force or effect. Grantor has executed and delivered this deed and has granted, sold and conveyed the above property, and Grantee has accepted this deed and has acquired the property, AS IS, WHERE IS, AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING IN THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES CREATED BY AN AFFIRMATION OF FACT OR PROMISE \SF\036.DED.aar EXHIBIT A 1 OR BY ANY DESCRIPTION OF THE PROPERTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER, except the special warranty of title expressly set forth herein. EXECUTED the day of , 1992. A 1"1 EST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa Juan Garza City Secretary City Manager APPROVED AS TO LEGAL FORM: , 1992 James R. Bray, City Attorney ACCEPTED BY GRANTEE this day of , 1992. A 1 I EST: THE CITY OF MATHIS, TEXAS By: By: Pedro Cavazos Eva F. Medrano City Secretary Mayor APPROVED AS TO LEGAL FORM: , 1992 John D. Bell, City Attorney \SF\036.DED.aar 2 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the day of 1992, by Juan Garza, the City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas (typed or printed name) My Commission Expires: STATE OF TEXAS § COUNTY OF SAN PATRICIO § This instrument was acknowledged before me on the day of 1992, by Eva F. Medrano, the Mayor of the CITY OF MATHIS, TEXAS, a municipal corporation, on behalf of said corporation. GRANTEE'S ADDRESS: 411 E. San Patricio Avenue Mathis. Texas 78368 O:\I I \L7.92\DEEDMATH.221-15/205 -3- Notary Public, State of Texas (typed or printed name) My Commission Expires: EXHIBIT A 5.79 acres of land out of a 65.5 acre tract of land conveyed to the City of Corpus Christi from Arthur C. Jones dated August 24, 1934, and recorded in Volume 105, Pages 153, 154, Deed Records of San Patriclo County, Texas, more fully described as follows: BEGINNING at the upper Southeast corner or said 85.5 acre tract for the Southeast comer of this tract; THENCE, North 75°14'40" West, along an existing fence line on the boundary line of said 85.5 acre tract, 525.00 feet for the Southwest comer of this tract; THENCE, North 46•11'00" East, 421.90 feet for a corner of this tract; THENCE, North 66°43'35" East, 378.63 feet for an inside comer of this tract; THENCE, North 0°08'40" West, 190.15 feet for a corner of this tract; THENCE, North 13°14'15" West, 91.05 feet for a corner of this tract; THENCE, North 44°52'00" East, 80.00 feet to a point on the North boundary line of said 65.5 acre tract for the Northwest corner of this tract; THENCE, South 68°50'00" East, along said North boundary line, 99.43 feet for the Northeast comer of this tract; THENCE, South 11 °27'40" West, 658.15 feet for a corner of this tract; THENCE, South 31°37'20" West, 270.08 feet to the point of BEGINNING. ExHia'r A CORPUS CHRISTI, TEXAS 22 day of L&L rry wT 19 0,2 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS: For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, COUNCILMEMBERS MAYOR THE CITY OCORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik ivsiy 021539