HomeMy WebLinkAbout032303 ORD - 12/08/2020One reading Ordinance authorizing the Second Amendment to the Land Exchange
Agreement and authorizing the closing on the conveyance of City properties
totaling approximately 40 acres to the United State of America for benefit of
Department of the Navy in exchange for the Navy property formerly known as the
Peary Place Transmitter Site which is an approximately 44 acre site near 8401
South Padre Island Drive; with City properties to be conveyed generally described
as follows: tracts totaling approximately 23 acres near Saratoga and Ayers; tracts
totaling approximately 16 acres near Ayers and Saratoga; tracts totaling
approximately 1 acre at or near 200 block of Anchor Street; tracts totaling
approximately 1 acre tract at or near 800 block of Green Bay Dr.; an approximately
1 acre tract at or near 600 block of Mediterranean Dr.; and a restrictive easement
over an approximately 5 acre tract described as Lot 1 Block 1 Fire Station 18 tract
at or near 6200 block of Ayers Street
Whereas, by Resolution 031864 approved on September 17, 2019, the Corpus Christi
City Council authorized execution of the Land Exchange Agreement with the United
States of America acting by and through its Department of the Navy regarding exchange
of approximately 44 acres of Navy property for City properties totaling approximately 40
acres;
Whereas, the Land Exchange Agreement required the parties to obtain surveys, title
information, and environmental reports necessary prior to closing on the transaction;
Whereas, Section 10 of the Land Exchange Agreement provided as follows:
"Subject to satisfaction of the conditions to closing and other terms and conditions
of this Agreement, as set forth herein, the closing of the Land Exchange ("Closing")
shall occur on a date or dates mutually and reasonably designated by the Parties,
time being of the essence, following Secretary of the Navy approval of this land
exchange ("Closing Date" or "Date of Closing"). The Closing shall require the
additional separate approval of the Corpus Christi City Council of an Ordinance to
authorize the City Manager to execute all documents necessary to convey the City
Property to the Government; said ordinance will be a required exhibit for each real
property interest conveyance document. The Closing shall take place at such
location as the Parties reasonably determine. Possession shall be delivered on
the Closing Date. Nothing in this Agreement precludes the Parties from closing on
the Properties on different dates, if mutually agreeable."
Whereas, the parties have completed all tasks necessary to complete the land exchange
transactions as outlined in the Land Exchange Agreement and desire to close on the land
exchanges;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
0323-03
SCANNED
SECTION 1. That the City Manager or his designee is authorized to execute the Second
Amendment to the Land Exchange Agreement. A copy of the Second Amendment is to
be filed with the Office of the City Secretary.
SECTION 2. That the City Manager or his designee is authorized to execute all
documents necessary to close on the conveyance of the following tracts of City property
to be conveyed by special warranty deed to the United States of America for benefit of
the Department of the Navy in exchange for the Navy property tract referred to herein as
the former Peary Place Transmitter Site property located at or near 8401 South Padre
Island Drive ("Navy Property"). The City property ("City Property") to be conveyed by
special warranty deed is described as follows: Tracts totaling approximately 23 acres near
Saratoga and Ayers detailed below as "Group A"; two tracts totaling approximately 16
acres near Ayers and Saratoga detailed below and described herein as "Group B"; two
tracts totaling approximately 1 acre on Anchor Street detailed below and described herein
as "Group C"; two tracts totaling approximately 1 acre on Green Bay Dr. detailed below
and described herein as "Group D", and one tract approximately 1 acre on Mediterranean
Drive detailed below and described herein as "Group E"), In addition, the City Property to
be conveyed includes a restrictive easement over approximately 5.148 acres located
appurtenant to the Group B property, detailed below and described herein as the Third
Tract of the Group B property.
SECTION 3. That the "Group A" property is generally located near Ayers and Saratoga,
and is an approximately 23.24 Acre Tract, out of Lots 3 and 4, Section 7, Bohemian
Colony lands, a map of which is recorded in Volume A, Page 48, of the Map Records of
Nueces County, Texas, being an approximately 10.19 Acre Tract comprised of all of Lots
10, 11, and 13-24, with portions of Lots 4-9, and 12, Block 10, Saratoga Place, a map of
which is recorded in Volume 50, Page 140, of the said Map Records, and an
approximately 4.71 Acre Tract including all of Lots 1-7, and a portion of Lots 8-11, Block
11, Saratoga Place, a map of which is recorded in Volume 50, Page 141, of the said Map
Records, as described in a Warranty deed from H.T. Bailey and Mark Bratton to the City
of Corpus Christi, as recorded in Document Number 424672, of the Deed Records of the
said county, also an approximately 8.199 Acre Tract out of the said Section 7, as
described in a Warranty Deed from Cardco, Inc. to the City of Corpus Christi, and
recorded in Document Number 634916, of the said Deed Records;
SECTION 4. That the "Group B" property is generally located near Ayers and Saratoga
and is composed generally of three tracts: FIRST TRACT: An approximately 15.47 Acre
Tract, out of Lot 5, Section 8, Bohemian Colony lands, a map of which is recorded in
Volume A, Page 48, of the Map Records of Nueces County, Texas, being a portion of a
20.598 Acre Tract as described in a Warranty Deed from Byron Jackson Gierhart, Paula
Jackson Gierhart Heldenfels and Martha Gierhart Spear to the City of Corpus Christi,
recorded in Volume 2006, Page 810-816, of the Deed Records of Nueces County, Texas,
SAVE AND EXCEPT Lot 1 Block 1, Fire Station 18 Tract, a map of which is recorded in
Volume 68, Page 924, of the said Map Records; SECOND TRACT: Approximately
0.0371 acres to be surveyed out of 1614 square feet described by metes and bounds in
Quitclaim Deed dated May 17, 1984 from Hank Olson Builder Inc. recorded at File No.
380964 Volume 1922, Page 125, Deed Records of Nueces County, Texas; and THIRD
TRACT: Restrictive Easement Estate: appurtenant to First Tract, over the following
described area: LOT ONE (1), BLOCK ONE (1), FIRE STATION 18 TRACT, City of
Corpus Christi, Nueces County, Texas, according to the established map or plat thereof
recorded in Volume 68, Page 924, Map and Plat Records of Nueces County, Texas.
SECTION 5. That the "Group C" property is generally located on Anchor Street and is
composed generally of two tracts: TRACT I: An approximately 0.6644 Acre Tract,
comprising of portions of Lots 5 and 6, Block 6, J.M. Webb Subdivision, a map of which
is recorded in Volume 8, Page 9, Map Records of Nueces County, Texas, being the some
land as referenced in a Warranty Deed from Nancy L. Harrison to the City of Corpus
Christi, recorded in Volume 1529, Page 342, Deed Records of Nueces County, Texas,
also being portions of Lot 4, Block 6, of the said J.M. Webb Subdivision and Lot 5A, Block
6, J.M. Webb Subdivision, a map of which is recorded in Volume 34, Page 18, of the said
Map Records, being the same land as referenced in a Warranty Deed from Thomas Irrera
and Dora M. Irrera to the City of Corpus Christi, recorded in Volume 1522, Page 1034, of
the said Deed Records; TRACT II: An approximately 0.1148 Acre Tract, comprising of
portions of Lots 2-3, Block 6, J.M. Webb Subdivision, a map of which is recorded in
Volume 8, Page 9, Map Records of Nueces County, Texas, being the same land as
referenced in a Warranty Deed from James W. Hensley and Katie Hensley to the City of
Corpus Christi, as recorded in Volume 1520, Page 993, Deed Records of Nueces County,
Texas.
SECTION 6. That the "Group D" property is generally located on Greenbay Dr. and is
composed generally of an approximately 0.2937 acre tract, being al of Lot Forty Four
(44) and Forty Five (45), Block Ten (10), Flour Bluff Park, a map of which is recorded in
Volume 7, Page 52 Map Records of Nueces County, Texas, being the same land as
referenced in a Warranty Deed from Marie Louisa Nieto to the City of Corpus Christi,
recorded in File No. 817415, Official Public Records of Nueces County, Texas; save and
except a 0.032 Acre Tract, referenced as Parcel No. 107B and described in Declaration
of Taking Maria Nieto; et al, to the United States of America, recorded in Civil No. C-91-
63, United States District Court, Southern District of Texas, Corpus Christi Division, also
referenced as Final Judgment of Condemnation, recorded in Document Number 863182,
Official Public Records of Nueces County, Texas.
SECTION 7. That the "Group E" property is generally located at or near 600 block on
Mediterranean Dr. and is composed generally of 0.7895 acres, more or less, designated
"Park" , Caribbean Place Unit 3, City of Corpus Christi, Nueces County, Texas, according
to the map or plat thereof recorded in Volume 41, Pages 168-169, Map and Plat Records
of Nueces County, Texas. The Group E property consists of City park formerly known as
Caribbean Park for which park sale was authorized by the voters on November 4, 2014
per Resolution Number 030211 and Ordinance Numbers 030253 and 030328.
SECTION 8. That the City Manager or designee is authorized to execute all documents
to exchange the City Property described in Sections 2 through 7 herein for the Navy
Property to be conveyed to the City by Quitclaim Deed for the Navy property formerly
known as the "Peary Place Transmitter Site Property which property is located at or near
8401 South Padre Island Drive with legal description as follows: 44.54 acre tract,
(1,940.057 square feet) out of Lots 4, 5, 6, 7, 14 and 15 , Section 31, Flour Bluff and
Encinal Farm and Garden Tracts a map of which is recorded in Volume A, Pages 41-43
of the Map Records of Nueces County, Texas, portions of that Land conveyed by three
separate Warranty Deeds from Ernest Poenish et al and Robert Poenish et al to the
United Stated of America, as recorded in Volume 268, Pages 595-596, 596-597, and 597-
598, Deed Records of Nueces County Texas, Save and Except a 87.933 Acre Tract (Tract
10 and a 4.720 Acre Tract (Tract 2) conveyed from the United States of America to John
L. Tompkins and recorded in Volume 966, Pages 228-233 of the said Deed records .
SECTION 9. The City Manager or designee is authorized to take all actions necessary
including execution of all required documents to close on the land exchange transactions
to exchange the City Property (Group A, Group B, Group C, Group D, and Group E
properties described herein) for the Navy Property described herein, on closing dates
mutually agreeable with the authorized representative of the United State of America
acting for the benefit of the Department of the Navy. The City Manager is authorized to
approve corrections to the legal descriptions that are necessary to accurately reflect the
properties being exchanged.
SECTION 10. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure on this the .51-h day of t -t(2020.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
032x30
JoMComb
M yor
If\
o day of OACjzfr) , 2020
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,
VIA
Joe Comb, Mayor
Council Members
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
03230.►