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HomeMy WebLinkAbout05873 ORD - 08/17/1960N IMS:JKH:8-17 -60 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT FOR THE SETTLEMENT AND COMPROMISE OF THE PENDING LEGAL ACTION CONCERNING THE ESTABLISHMENT OF LOUIS LYNCH DRIVE AS A PUBLIC STREET. A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO DIRECT THE PERFORMANCE BY THE CITY OF ITS OBLIGATION UNDER THE AGREEMENT; AND DECLARING AN EMERGENC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT FOR THE SETTLEMENT AND COMPROMISE OF THE PENDING LEGAL ACTION CONCERNING THE ESTABLISHMENT OF LOUIS LYNCH DRIVE AS A PUBLIC STREET, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE CITY MANAGER 15 HEREBY AUTHORIZED TO DIRECT THE PERFORMANCE BY THE CITY OF ITS OBLIGATION UNDER THE AGREE- MENT DESCRIBED IN SECTION 1-HEREIN'ABOVE. SECTION 3. THE NECESSITY FOR ESTABLISHING SAID STREET AS A PUBLIC STREET CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE__/ 7DAY OF 196o. ATT ` MAYOR CITY SECRET&Y THE CITY OF CORPUS CHR 411 TEXAS APPROVED A TO LEGAL FOR IS THE_JDAY OF 1960: n D� CITY 'ATTORNEY 58173 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES X WHEREAS, THERE IS NOW PENDING IN THE DISTRICT COURT OF NUECES ou,s COUNTY, TEXAS, AN ACTION ENTITLED CITY OF CORPUS CHRISTI VS D. LYNCH, ET AL, N0. 70812 -C, IN WHICH SUIT THE CITY OF CORPUS CHRISTI PRAYS FOR CERTAIN RELIEF AGAINST DEFENDANTS TO•COMPLETE THE PREPARATION AND FILING OF A PLAT REGARDING CERTAIN LAND AND PREMISES IN NUECES COUNTY, TEXAS; AND WHEREAS, THE PARTIES HAVE AGREED TO DO CERTAIN THINGS IN SETTLEMENT AND COMPROMISE OF SAID ACTION AND THE TERMS OF SAID AGREEMENT ARE AS FOLLOWS: ' I. THE CITY OF CORPUS CHRISTI WILL AT THE EXPENSE OF THE CITY PREPARE FOR EXECUTION BY THE DEFENDANTS A PLAT OF THE FOLLOWING DESCRIBED LAND AND PREMISES: ALL OF THAT SHARE N0. 1 DESCRIBED IN A,CERTAIN PARTITION DEED FILED .JULY 2, 1951, AND OF RECORD IN VOL. 520, BEGINNING AT PAGE 326 OF THE DEED RECORDS'. OF`NUECES COUNTY, TEXAS, AND CONTAINING APPROXIMATELY 4.435 ACRES OF LAND MORE ' PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD CEDAR POST 1 FOOT HIGH -IN THE NORTH BOUNDARY LINE OF THE HALL 30 -ACRE TRACT, THE ORIGINAL SOUTH- EAST CORNER OF AN 18.50 ACRE TRACT CONVEYED TO M. A. MAUPIN BY B. E. SHIP AND WIFE, AS OF RECORD IN THE DEED RECORDS OF NUECES COUNTY, TEXAS, IN VOLUME 26, PAGE 339, BEING A PORTION OF THE WEBB 1000 ACRE TRACT AND THE SOUTH- WEST CORNER OF THE CARVER 10.71 ACRE TRACT, FOR THE SOUTH- EAST CORNER OF THIS TRACT; , THENCE NORTH 53° 38, 4O" WEST WITH THE SOUTH BOUNDARY LINE OF THE SAID MAUPIN TRACT AND THE NORTH BOUNDARY LINE OF THE SAID HALL TRACT, 372.14 FEET TO AN IRON PIPE IN THE EAST BOUNDARY LINE OF THE RUSSELL LANDS, THE NORTHWEST CORNER OF THE SAID HALL TRACT; THENCE NORTH 18° 571 EAST WITH THE WEST BOUNDARY LINE OF THE SAID MAUPIN TRACT AND THE EAST BOUNDARY LINE OF THE SAID _ RUSSELL LANDS, 1058.98 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 53° 38, 4O^ EAST PARALLEL WITH THE SAID SOUTH BOUNDARY LINE OF THE MAUPIN TRACT 371.92 FEET TO A POINT IN THE EAST BOUNDARY LINE OF SAID MAUPIN TRACT AND THE WEST BOUNDARY LINE OF THE SAUNDERS 9.711 ACRE TRACT FOR THE NORTH- EAST CORNER OF THIS TRACT; 0 r � THENCE SOUTH 18° 561 20" WEST WITH THE SAID EAST BOUNDARY LINE OF THE MAUPIN TRACT AND THE WEST BOUNDARY LINE OF THE SAUNDERS TRACT AND THE WEST BOUNDARY LINE OF THP CARVER TRACT, 544.575 FEET TO AN IRON PIPE THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 530 38, 40^ WEST 372.03 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT, SUBJECT TO A RIGHT -OF- WAY FOR ROAD PURPOSES, THROUGH THE MIDDLE OF THE SAID TRACT OF LAND 30 FEET WIDE, RUNNING NORTH AND SOUTH (ASSUMING THE EAST AND WEST BOUNDARY LINES OF THE SAID TRACT OF LAND RUN NORTH AND SOUTH) IN FAVOR OF THE PARTIES TO MHOM SHARES NOS. 2 AND 3 HEREOF ARE SET ASIDE. SAID PLAT SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY PLATTING ORDINANCE BEING ORDINANCE N0. 4168, AS AMENDED, AND SHALL SHOW ON SAID PLAT THE DIVISION OF SAID PROPERTY INTO TWO TIERS OF LOTS ABUTTING ON A STREET WHICH IS AN EXTENSION TO THE EXISTING LOUIS LYNCH DRIVE SHOWN. ON -THE PLAT OF THE GEISTMAN TRACT RECORDED MAY 14, 1948, IN THE PLAT RECORDS OF NUECES COUNTY, TEXAS, IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, WHICH STREET SHALL INCLUDE A STREET AREA 46 FEET IN WIDTH PLUS A UTILITY EASEMENT ABUTTING -SAID STREET AREA ON EACH SIDE THEREOF, WHICH UTILITY EASEMENT SHALL BE 7 FEET IN WIDTH MAKING A TOTAL OF 60 FEET INCLUDING BOTH ROAD AREA AND UTILITY EASEMENT AREA. SAID UTILITY EASEMENT AREA SHALL BE SHOWN AS EXTENDING ACROSS THE FRONT OF EACH OF THE LOTS SHOWN ON SAID PLAT WITH SAID UTILITY AREA HAVING A WIDTH OF 7 FEET MEASURING PERPENDICULAR- LY Tl`OM THE BOUNDARY OF SAID 46 FOOT STREET. DEDICATION OF ALL STREET AREA SHALL BE SUBJECT TO RESERVATION OF ALL MINERALS IN L. D. LYNCH, AND WIFE, MYRTLE. LYNCH, BUT WITH NO RIGHT TO DRILL THEREON. RIGHTS OF S. E. LEWIS AND CENTRAL POWER AND LIGHT COMPANY IN EASEMENT SHALL BE RECOGNIZED AND EASEMENT SUBJECT TO SUCH RIGHTS. ALL OF THE LOTS SHOWN ON SAID SUBDIVISION SHALL BE IN ACCORDANCE WITH THE DEEDS EXECUTED BY AND DELIVERED BY SAID L. D. LYNCH AND WIFE, MYRTLE LYNCH, AND APPEARING OF RECORD IN THE DEED RECORDS OF NUECES COUNTY, TEXAS. EACH OF SAID -LOTS SO CONVEYED SHALL BE SHOWN AS SEPARATELY NUMBERED WITH THE TIER OF LOTS SHOWN ON ONE SIDE OF SAID STREET AS BEING BLOCK A AND THE TIER OF LOTS ON THE OTHER SIDE OF SAID STREET BEING BLOCK B, WITH EACH OF SAID LOTS HAVING THE DIMENSIONS - SET FORTY IN THE RESPECTIVE DEEDS THERETO. THE LOT ORIGINALLY CONVEYED TO MR. MARTIN AND LOCATED IN THE SOUTHWEST CORNER OF SAID SUBDIVISION SHALL HAVE -2- r 1r THE SOUTHEAST CORNER OF SAID LOT IN A CURVE HAVING A RADIUS OF 30 FEET WITH SAID CURVE BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 40 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID LOT WITH THE CENTER OF SAID CURVE BEING ON A PERPENDICULAR FROM SAID EAST LINE OF SAID LOT. IT IS UNDER- STOOD THAT THE TIER OF LOTS ON THE WESTERN SIDE OF SAID STREET SHALL SHOW THREE LOTS, ON THE SOUTH END OF SAID TIER, WHICH HAVE HERETOFORE BEEN CON- VEYED OR CONTRACTED TO BE CONVEYED BY LOUIS D. LYNCH TO MARTIN, PARE, AND LIGHTFOOT, RESPECTIVELY, AND THAT SOUTH OF THE PROPERTY DESCRIBED IN A CONTRACT BETWEEN LOUIS D. LYNCH AND GUS LIGHTFOOT THERE SHALL BE SHOWN A THREE FOOT STRIP AS A SEPARATE LOT, AND SAID LOT SHALL BE ADDED TO THE LOT NORTH OF IT OR TO THE LOT SOUTH OF IT, AS FUTURE EVENTS DETERMINE THE SITUATION. NEXT NORTH OF SAID LIGHTFOOT LOT SHALL BE SHOWN TWO 50 FOOT LOTS, HAVING A FRONTAGE OF 50 FEET AND A BACK OF 50 FEET. NEXT NORTH OF TWO AFORESAID 50 FOOT LOTS SHALL BE SHOWN A LOT HAVING A 205 FgOT FRONT AND A 205 FOOT BACK. NEXT SHALL BE SHOWN A LOT NORTH OF SAID 205 FOOT LOT, HAVING A FRONT OF 41.50 FEET, MORE OR LESS, AND A BACK OF 89 FEET, MORE OR LESS, ACCORDING TO THE ACTUAL MEASUREMENT ON THE GROUND. 2. EACH OF THE UNDERSIGNED OWNERS OF PROPERTY IN SAID AREA INCLUDED IN SAID SUBDIVISION PLAT HEREBY AGREES TO EXECUTE SAID PLAT WHEN COMPLETED AND PRESENTED TO THEM FOR EXECUTION, AND TO ACKNOWLEDGE SUCH EXECUTION AND DEDICATION OF SAID STREET AND UTILITY EASEMENT. EACH OF THE PARTIES TO THIS AGREEMENT AGREE TO EXECUTE SAID PLAT WITHIN FIVE DAYS FROM THE DATE OF PRESENTMENT OF SAID PLAT FOR EXECUTION. 3. IN ADDITION TO PREPARATION OF SAID PLAT THE CITY OF CORPUS CHRISTI AGREES TO IMPROVE SAID STREET AREA SO THAT A PORTION THEREOF SHALL BE USABLE FOR VEHICULAR TRAVEL WITH A WEATHERPROOF SURFACE THEREON, AT THE CITY'S EXPENSE, AND ACCEPT THE DEDICATION OF SAID STREET AREA FOR MAINTENANCE BY THE CITY WITH FULL RESPONSIBILITY AND AUTHORITY OF AND REGARDING SAID STREET AREA AS IS PROVIDED BY LAW FOR OTHER PUBLIC STREETS OF THE CITY OF CORPUS CHRISTI. -3- 4. THE CITY AGREES TO DELIVER TO LOUIS D. LYNCH A SIGNED STATEMENT BY THE CITY ATTORNEY, WITH ATTACHED EXHIBITS OF COPIES OF THE EXISTING OIL WELL DRILLING ORDINANCE AND AMENDMENTS THERETO, COMMITTING THE CITY TO DELIVER A PERMIT FOR THE DRILLING OF AN OIL WELL ON THE NORTHWEST PORTION OF SAID SUBDIVISION STILL OWNED BY LOUIS D. LYNCH UPON COMPLIANCE BY THE SAID LOUIS D. LYNCH OR HIS LESSEE WITH THE REQUIREMENTS OF THE SAID ORDINANCES, COPIES OF WHICH ARE ATTACHED HERETO. SAID EXECUTED COMMITTMENT OF THE CITY ATTORNEY SHALL BE DELIVERED'SIMULTANEQUSLY WITH THE EXECUTION OF SAID PLAT ABOVE MENTIONED BY ALL OF THE PROPERTY OWNERS ON SAID LANDS OR INTEREST THEREIN INCLUDED IN SAID SUBDIVISION. 5. IT IS AGREED BY ALL OF THE PARTIES HERETO THAT IN THE EVENT THE CITY DOES PREPARE SAID PLAT FOR EXECUTION BY SAID LAND OWNERS BUT ANY ONE OR MORE OF THEM SHOULD DECLINE TO EXECUTE THE SAME OR FAIL TO EXECUTE THE SAME WITHIN 30 DAYS FROM THE DELIVERY OF SAID PLAT, THEN THE PLAINTIFF CITY OF CORPUS CHRISTI MAY PROCEED WITH THE TRIAL OF THIS CAUSE AND OBTAIN THE ENTRY OF A JUDGMENT COMPELLING SAID PARTIES TO THIS ACTION TO EXECUTE SAID PLAJ AND ACKNOWLEDGE AND DELIVER THE SAME FORTHWITH. IT IS AGREED BY THE PARTIES HERETO THAT THE HEARING AND TRIAL IN THIS CAUSE SHALL BE POSTPONED AND IS HEREBY AGREED TO BE POSTPONED SUBJECT TO THE ORDERS OF THIS COURT, WITH THE REQUEST THAT THE SAME BE SET FOR HEARING AND TRIAL ON OCTOBER 1, 1960. - WITNESS OUR HANDS, THIS DAY of 1960. ATTESTS CITY !SECRETARY APPROVED -AS TO LEGAL FORM THIS THE DAY OF , 1960: CITY OF CORPUS CHRISTI BY CITY MANAGER CITY ATTORNEY - - DUNCAN A.' DILLIES MARION HENR.Y DILLIES LOUIS�D. LYNCH MYRTLE LYNCH NORMAN A. DILLIES MARION HALL^ GILLIES JAMES T. LYNCH BARBARA GRANT LYNCH CHARLES H. FARE -- GRACIEILEE PARE BENJAMIN MARSHAL)_ STEVENS SARA STEVENS WILBURN KENNETH CUNNINGHAM DOLORES JOSEPHINE CUNNINGHAM LOLA JUANITA TAYLOR SHIRLEY TAYLOR VIRGIL WIL'KINS, JR. ELLOUISE JOY WILKINS GUS A. LIGHTFOOT EDITH LIGHTFOOT CORPUS CHRISTI TEXAS / / / DAY OF , 19 ` O TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TjON 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; 1, 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 OF OR US CHRISTI' XAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD p MRS. RAY AIRHEART JOSEPH S. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO� SR. THE ABOVE ORDINANCE WAS PASSED BY ELLROY KING JAMES L. BARNARD- MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.