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HomeMy WebLinkAbout06100 ORD - 03/22/1961• WDP ;BS :3 -22 -61 w AN ORDINANCE DECLARING ABANDONED A PORTION OF A CERTAIN UTILITY EASEMENT DEDICATED BY PJAT OF HEWITT ESTATES, FILED FOR RECORD ON FEBRUARY 7, 1950, AND RECORDED IN VOLUME 12. PAGE 27 OF THE MAP RECORD OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED OF A CERTAIN PORTION OF SAID EASEMENT UNTO THE PRESENT OWNERS; AND DECLARING AN EMERGENCY. WHEREAS, A UTILITY EASEMENT WAS DEDICATED TO THE CITY OF CORPUS CHRISTI BY PLAT OF HEWITT ESTATES. FILED FOR RECORD ON FEBRUARY 7, 1950, AND RECORDED IN VOLUME 12, PAGE 27 OF THE MAP RECORDS OF NUECES COUNTY. TEXAS, SAID UTILITY EASEMENT BEING 10 FEET IN WIDTH AND 214.27 FEET IN LENGTH WITH THE CENTER OF SAID EASEMENT ON THE PROPERTY LINE BETWEEN LOT 26 AND LOT 27 OF SAID HEWITT ESTATES, A PORTION OF WHICH EASEMENT WAS AND 15 NOT NOW USED OR NEEDED BY THE CITY OF CORPUS CHRISTI, TEXAS: NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE DEDICATED UTILITY EASEMENT BETWEEN LOTS 26 AND 27, HEWITT ESTATES, AN ADDITION TO THE CITY OF CORPUS CHRISTI. AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME 12, PAGE 27, MAP RECORDS OF NUECES COUNTY, TEXAS, BE AND THE SAME IS HEREBY DECLARED ABANDONED, RE- LEASED AND RELINQUISHED BY THE CITY OF CORPUS CHRISTI SAVE AND EXCEPT THE HEST 12 FEET OF SAID UTILITY EASEMENT SHALL BE RETAINED BY THE CITY OF CORPUS CHRISTI. SECTION 2. THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A QUIT CLAIM DEED OF THE HEREINABOVE DESCRIBED EASEMENT UNTO THE PRESENT OWNERS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE FACT THAT THE EXISTING HEREINABOVE DESCRIBED EASEMENT BURDENS LOTS 26 AND 27 OF HEWITT ESTATES AND THAT THE EXISTENCE OF SAID EASEMENT PREVENTS THE OWNERS OF SAID LOTS FROM ADEQUATELY DEVELOP- ING THEIR PROPERTY AND THE NECESSITY FOR RECOGNIZING THE ABANDONMENT OF THE ABOVE DESCRIBED EASEMENT 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY 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 p TER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED / Jam/ THIS /DAY OF l.(/� , 1961• A TT MAYOR CITY SECR TAR THE CITY F CORPUS CH ISTI, TEXAS APPROVED AS TO LEGAL FORM TH 7S d`.-DAY OF ri 1961: z CITY ATTONEY � WDP:BB:3 22 6 _ e QUIT CLAIM DEED THE STATE 6F TEXAS 0 COUNTY OF'P7UEC£S O WHEREAS, THERE HAS DEDICATED TO THE CITY OF CORPUS CHRISTI BY PLAT RECORDED ON FEBRUARY 7, 19509 AT VOLUNE 12► PAGE 27 OF THE MAP RECORDS, OF NUECES COUNTY, TEXAS, AM EASENERT FOR UTILITY PURPOSES 10 FEET IN WIDTH AND 224*27.FEET IN LENGTH WITH THE CENTER Of SAID EASEMENT ON THE PROPERTY LINE BETWEEN LOTS,26 AND 27 OF THE ABOVE DESCRIBED PLAT. A PORTION OF WHICH, EASEMENT WAS AND IS NOT USED OR NEEDED BY THE CITY OF CORPUS CHRISTI. TEXAS:. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY OF CORPUS CHRISTI. TEXAS. 4% MUNICIPAL CORPORATION, ACTING UNDER THE HOME RULE STATUTES OF THE STATE OF TEXAS. GRANTEE IN THE A13OVE14ENTIONED PLAT, FOR AND IN CONSIDERATION OF ONE ($1.00) DOLLAR IN HAND PA114 THE RECEIPT DF WHICH IS ,HEREBY ACKNOWLEDGED, BY, B. C. GANNETT AND JDE BROWN. DOES HEREBY RELEASE, RELINQUISH AND QUIT CLAIM UNTO THE PRESENT OWNERS.OF THE LAND RVRDENED BY THE EASEMENT, GRANTED IR SAID PLAT, . ALL RIGHT* TITLE AMID INTEREST 18 AND TO SAID EASEMENT BETWEEN LOTS 26 AND 27 OF HEWITT ESTATES SAVE AND EXCEPT THE WEST 12 FEET THEREOF WHICH IS EXPRESSLY RETAINED BY _ GRANTOR AND ACQUIRED BY THE CITY BY VIRTUE OF SAID PLAT, SAID LAND BEING MORE - PARTICULARLY DESCRIBED AS FOLLOWS: THAT CERTAIN UTILITY EASEMENT 10 FEET IN WIDTH LOCATED SETWEEN LOTS 26 AND 27 OF HEWITT ESTATES, AN ADDITION TO THE ,CITY OF CORPUS CHRISTI. AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME 12, PAGE 27, MAP RECORDS OP NUECES COUNTY. TEXAS, SAVE AND EXCEPT THE WEST 12 FEET OF SAID UTILITY EASEMENT. EXECUTED THIS __`DAY or _s 1961, BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BY AUTHORITY OF ORDINANCE NO. CITY OF CORPUS CHRISTI HY HERBERT W. WHITTIEY. ATTEST: CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THIS OAY OF . 1961: -ITYATTORNEY s THE STATE OF TEXAS COUNTY OF NUECES Q BEFORE NEW THE UND[RSJGNEO AUTHORITY. ON THIS DAY PgBSONALLY APPEAREO HERBERT We WHITNEY, -CITY MANAGER OF THE CITY OF CORPUS: CNRISTI. 7E050 KNOWN, TO ME 76 ■L THE FERSON WHOSE SAME IS SUBSCAII16' TO THE FOAE40106 QUIT CLAIM, OECD AND ACRNOWLEDSED TO ME THAT UK EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN - EXPRESSED,AMP IN 'THE CAPACITY THEREIN - STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND.$CAL OF OFFICC, THIS _�,OAY OF 1961, NOTARY PUBLIC IN AND FOR NuRCEs COUNTY, TEXAS CORPUS CHRISTI, TEEEXS /7A % tl AY OF__ /°�° ==-°fig 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 COUNCILD 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 CI CORPUS 4 ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE$ ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ASOVr ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AERHEART JOSEPH B. OUNN PATRICK J. DUNNE o R. A. HUMBLE (- GABE LOZANO, SR.