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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.►