HomeMy WebLinkAbout022451 ORD - 12/19/1995ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A QUITCLAIM DEED WITH FLOUR BLUFF INDEPENDENT
SCHOOL DISTRICT (FBISD) CONVEYING THE CITY'S UNDIVIDED TAX
LIEN INTEREST IN LOT 5, BLOCK 3, ISLAND FAIRWAY ESTATES, FOR
$10 AND A COVENANT THAT FBISD WILL CONSTRUCT A NEW
ELEMENTARY SCHOOL ON PADRE ISLAND WITHIN 36 MONTHS OR
PAY THE CITY $31,500 FOR ITS UNDIVIDED INTEREST; IF THE
SCHOOL IS BUILT FBISD FURTHER COVENANTS TO ALLOW USE OF
THE SCHOOL FOR LATCHKEY, AND BOTH YOUTH AND ADULT
RECREATION PROGRAMS AFTER SCHOOL AND DURING VACATION
PERIODS; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Quitclaim Deed to Flour Bluff Independent School District conveying the City's undivided interest
in Lot 5, Block 3, Island Fairway Estates, in consideration of the covenant to construct a new
elementary school on Padre Island within 36 months or pay the City $31,500 for its undivided
interest; further, if the new elementary school is built FBISD further covenants to allow use of the
school for Latchkey, and both youth and adult recreation programs after school and during vacation
periods, as set out in the Quitclaim Deed, a substantial copy of which is attached as 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 the
efficient and effective administration of City affairs, 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 / day of 1�,e�% , 19 # .
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City ecretary ;C VOR, PLIRY RHODES
APPROVED: 15 DAY OF Ik.&rx.kw , 1995
JAMES R. BRAY, JR., CITY ATTORNEY
By .Alatp
Alison Gallaway
Assistant City Attorney
AG\95\5000.846
02 2431 M\C'
Corpus Christi, Texas
l9,
Day o€S1/'c/j1tGGli(% 19 i5
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 two
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,
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David A. McNichols
AG\95\5000.846
MAYOR
THE CITY OF CORPUS CHRISTI
l
J
022451
QUITCLAIM DEED
Date: December 19, 1995
Grantor: Juan Garza, City Manager
Grantor's Mailing Address
1201 Leopard Street
Corpus Christi
Nueces County, Texas 78401
Grantee: Flour Bluff Independent School District
Grantee's Mailing Address
P.O. Box 181029
Corpus Christi
Nueces County, Texas 78418
Consideration: Ten Dollars; the covenant to construct an elementary school on Padre Island
within 36 months (proposed site is 16 acres on Sea Pines to be swapped for this property); the further
covenant to allow the City to use as much of this new school as is necessary to meet the demand for
Latchkey programs for 20 years after construction of the new school; the further covenant to allow
the City to use the new school grounds for recreation programs after school hours and in vacation
periods and to use the new school facilities for youth and adult recreation programs after school
hours and in vacation periods; the further covenant to coordinate vehicle access to the new school
site with the City; and the further covenant that if the above covenant to build a new elementary
school on Padre Island within 36 months is not met that the Grantee will pay the City of Corpus
Christi the sum of $31,500 for its undivided interest in the property being conveyed. This shall be
a covenant running with the land. If the property being conveyed herein is swapped or in any
manner exchanged for the new elementary school site these covenants shall be covenants running
with the land and it is a part of the consideration for the property herein conveyed that these
covenants shall attach to the land upon which the new elementary school on Padre Island is built.
Property (including any improvements): Lot 5, Block 3, Island Fairway Estates, Replat,
recorded in Volume 40, Page 145, Map Records of
Nueces County, Texas.
Restriction: Lot 5, Block 3, Island Fairway Estates, Replat, recorded in Volume 40, Page 145,
Map Records of Nueces County, Texas cannot be sold, exchanged, or otherwise conveyed unless (a)
it is more than 36 months after date hereof and the City of Corpus Christi has received payment of
$31,500; (b) it is less than 36 months from the date hereof and it is a part of a sale, exchange, or
other conveyance whereby Flour Bluff Independent School District is acquiring sufficient property
AG\95\0900.104.vr
upon which to construct a new elementary school on Padre Island and the covenants listed above are
made a part of the deed for the new elementary school site.
For the consideration Grantor quitclaims to Grantee all Grantor's right, title, and interest in
and to Lot 5, Block 3, Island Fairway Estates, Replat, recorded in Volume 40, Page 145, Map
Records of Nueces County, Texas, which interest was conveyed to Grantor as its undivided interest
in a certain Tax Sale, Suit No. 91-5760, Nueces County, et al, v. Peralta Corporation, to have and
to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever.
Neither Grantor nor Grantor's heirs, executors, successors, or assigns shall have, claim, or demand
any right or title to the property or any part of it.
When the context requires, singular nouns and pronouns include the plural.
Juan Garza, City Manager
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 1995 by Juan
Garza, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of
said corporation.
AG\95\0900.104.vr
Notary Public, State of Texas
022451