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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