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HomeMy WebLinkAbout05762 ORD - 05/11/1960INS:AH:5 -11 -60 • AN ORDINANCE CLOSING AN ALLEY EXTENDING THROUGH BLOCK 8 OF PORTAIRS ADDITION; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER THE AGREE- MENT OF THE PROPERTY OWNERS ABUTTING ON SAID ALLEY TO REMOVE AND RELOCATE THE UTILITY LINE AND PROVIDE A NEW UTILITY EASEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; ACCEPTING THE UTILITY EASEMENT DATED MAY 11, 1960,A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, SAM SUSSER, OWNER OF BLOCK 8, ABUTTING THE ALLEY EXTENDING THROUGH SAID BLOCK 8, HAS MADE APPLICATION FOR THE CLOSING OF AN ALLEY THROUGH SAID BLOCK 8 AND DUE NOTICE OF SAID APPLICATION HAS BEEN GIVENS AS PROVIDED BY CHARTER AND THE HEARING HELD THEREON; AND WHEREAS, THE SAID PROPERTY OWNER, SAM SUSSER, HAS AGREED TO PROVIDE A NEW UTILITY EASEMENT AND HAS AGREED TO REMOVE AND RELOCATE THE UTILITY INSTALLATIONS NOW LOCATED IN THE PRESENT ALLEY AT HIS OWN COST AND EXPENSE; AND WHEREAS, IT HAS BEEN DETERMINED BY THE COUNCIL THAT UPON THE RELOCATION OF SAID UTILITY LINES AND THE PROVIDING OF A NEW UTILITY EASEMENT IT IS IN THE INTEREST OF THE PUBLIC THAT THE SAID ALLEY EXTENDING THROUGH SAID BLOCK 8 BE CLOSED; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. THAT THERE 15 HEREBY CLOSED FOR PUBLIC USE THE ALLEY THROUGH BLOCK 8 OF THE PORTAIRS ADDITION, WITHIN THE CITY OF CORPUS CHRISTI. SECTION 2. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER THE AGREEMENT OF THE PROPERTY OWNERS ABUTTING ON SAID ALLEY TO REMOVE AND RELOCATE THE UTILITY LINE AND PROVIDE A NEW UTILITY EASEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. ACCEPTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A NEW UTILITY EASEMENT PROVIDED BY SAM SUSSER FOR RELOCATION OF UTILITY INSTALLATIONS NOW LOCATED IN THE PRESENT ALLEY AT HIS OWN COST AND EXPENSE. 5762 • • SECTION 4. THE NECESSITY FOR THE CLOSING OF SAID ALLEY AND RELOCATION OF SAID UTILITIES AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND, THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE J 1 DAY OF MAY 1960. ATT TAR APPROVED AS TO LEGAL FORM THIS 11TH,DAY OF MAY, 196o: MAYOR THE CITY OF , TEXAS THE STATE OF TEXAS COUNTY OF BUECES soa COD AND i'EOMBLE COMIMATTON, the receipt and adequacy of whieh is s- hereby acknowledged, the undersigned, SAM SUSSES, hereinafter called Grantor, (whether one or more) here- by grants to the CITY OF CORPUS =STY, TEXAS, a municipal cor- poration, duly incoroorated,by a special act of the Legislature of the State of Texas, hereinafter called Grantee, the right -of- way for the sole purposes of laying, constructing, operating, and maietaining, repeiriog, renoval and reconstruction of pipe- lines, poles, wires, cables, and all other mechanical devices for and incidental to the trancportetioa of water, 003 oewage, electricity and telephone communication, and any and all other public utilities, whether publicly or privately owned, one over and thnougta the yollowlog, described land situated in the County of Nunes, State of Texas, to- wit: A strip of /and fti-teee feet (15') in width and being seven end one -half (7 -1/2') feet on each side of the following described centerline: Said centerline being a line beginning at a point in the southernmost boundary line of Flock Eight (8), Portairs Addition to the City of Corpus Christi, Texas, twenty-five feet (25') west of the southeast corner of geld Block Eight (8), and extending parallel to the easternmost boundary of suet' Block Eight (8) sufficient dis- tance to intersect the northernmost boundary of said Block Eight (8) at a point in the northern- most boundary of said Block Eight (8), twenty - five (25') feet test of the ne theastern:met corner thereof. Such right -of -way hereby granted shall be construed to be a strip of land Fifteen feat (15') in width on the east of =the= ©i4o of said Block Eight (8), parallel to Kilgore Street with its east - cramoet boundary seventeen and one -half (17 -1/2') feet west of said property line. TO NAVE AND TO SOLD said easement, right and right-of uay to sad Grantee in perpetuity. • IN Tanzman vaMREOP, the Grantor has hereto set hie band this the `= .112i day of Mayo A. D. 1960. "' THE STATE OF TEXAS Oil TT > or ASS DEPOSE ME, .the. undersigned authority, on this day pare- . aonaily appeared SA . SUSSES, known •ta les to be the person whose 'nate it subscribed to the foregoing 1139tEUM012t , end acknaWled$- aid to vte that he executed the same for the purpose and consid- _ A. THE STATE OF TEXAS ) COUNTY OF NUECES ) THIS !DENTURE made the 41.11. day o f May, 1960, be- tween SAM SUSSER, residing at Corpus Chrieti, Nueces County, Texas, Party of the First part, pndthe CITY OV CODPUS CHRISTI, TEXAS, acting through its City Manager, hereinafter called Party of the Second Part, 51 / T N E S S E T 1: tdEREAS, Party of the First Part has petitioned for the closing of an alley described as follows, That unopened alley twenty feet (20') in width extending from, Alexander Street to Gollihar Street in Block Eight (6) of PORTAIRS ADDITION, which is located Between Ayers Street and Kil- gore Street, said Addition to the City of Cor- pus Christi, Nueces.County, Texas; and bas agreed with the 2nttty of the Second Part that if such alley be closed by ordinance authorizing such closing that the Party of the First Part will perform and does hereby afire© to be obligated to the following covenants and cond9.tions, to -wit: First: That the Party of the First Part does hereby agree to remove or cause to be removed all public utilities, both publicly and privately owned now in place and located in such alley at his, Party of the Fivot: Part's, own cost and ex- pense. The said public utilities now in existence which Party of the First Part aoccoo to remove include but ere not limited to the following: Southwestern Bell Telephone Company - telephono lines Central Power a, Light Company - lights and pow- er poles and lines icuston €iatutal Gas Company - gas lines and con -. nections and meter banes,: ±f any City of Corpus,.ehristi - water and sewer lines and peters -1- Second: That Party of the First Part covenants and agrees that he will relocate, at his on cost and aspens° the said public utilities, both publicly and privately owned, eluding but not limited to those enumerated in the first pare- graph above. Third: That Party of the Firet Part, agrees to gum* euzle ana place o2 record En tho appropriate records of nieces County, Texas, an instrument dedicating an easement for tho afbreseid publicly and privately ow ed.public utilities, said easement to be Located in Block Eight (8)• Portairs Addition, being parallel to the eaiating alley described above, being fiEtten feet (15 °) in width with the Southeast boundary line of said easement being located seventeen end sae -half (17 -1/2') feet from the at property line of the eaLd Block Eight (8) of Portairs. Fourth: The-Party of the First Pert ac:eea tact as a condition to the closing of the alley described above, he will faithfully keep these covenants and agreements above de scribed binding his hare, assigns, succ essors, grantees, ad- ministrators, lessees and tenants, Z .J Ti ESS oua HANDS on thin, )147-day of slay, 1960. APPROVED AS TO LEGAL FORM: NYE E. CUF1N 1 By r Paul W. Nye .Attorneys for Party of the First Part City. Attorney for the City of Corpus Christi, Tr° s - 2 - an Suase:: Party of the First Part CITY OF GOPSUS CBRISTE BY City Manager Party of the Second Part TNE STATE Or TEXAS ) COUNTY OF NUECES ) BEFORE RE, the undersigned authority., a Notary Public in and for said County and State, on this day personally appear- ed SAM SUSSER, known t5 the to be the person whose name is sub. scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expraaaed. GIVEN UNDER MY RAND AND SEAL OFr OL'F10E, this the /2g day of May, 1964.° A• C-tael-A49-1-- THE STATE OF TEXAS COUNTY OF NUECES ) ) ) Notary Public in and for Nueces County, Toxas pAYf71f`IA .RiGnWjLC DEFORE ME, the undersigned` authority, on this day per - sonally appeared HERBERT W. WHITNEY, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose nave is subscribed to the foregoing instrument and acknowledged to ma that fn executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN UNDER MY UPM OP sna OF emu. - thiu the day of May, 1960. Notary Pubiic in and for Nueces County, Texas - 3 - • CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY 0 THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLAiTING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. I, TEXAS