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Home My WebLink About06170 ORD - 06/07/1961IMS :Mw 6 -7 -61 • AN ORDINANCE CLOSING THE SOUTH PORTION OF THE ALLEYWAY EXTENDING NORTH AND SOUTH BETWEEN BLOCKS 22 AND 23, DEL MAR ADDITION; ACCEPTING AN ALLEY AND UTILITY EASEMENT ON AND ACROSS PORTIONS OF LOTS 15 AND 16, BLOCK 23, DEL MAR ADDITION, IN LIEU OF THE ALLEYWAY HEREBY CLOSED; AND DECLARING AN EMERGENCY. WHEREAS, PETITION WAS FILED WITH THE CITY COUNCIL FOR THE CLOSING OF THE SOUTH PORTION OF THE ALLEYWAY EXTENDING NORTH AND SOUTH BETWEEN BLOCKS 22 AND 23, DEL MAR ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, 130 FEET IN LENGTH EXTENDING NORTHWARD FROM THE SOUTHEAST CORNER OF BLOCK 22 OF SAID DEL MAR ADDITION; AND WHEREAS, NOTICES HAVE BEEN ISSUED AND HEARING HELD IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY CHARTER AND ORDINANCES RELATING TO THE CLOSING OF STREETS AND ALLEYS; AND WHEREAS, THE FIRST STATE BANK OF CORPUS CHRISTI HAS EXECUTED, DELIVERED AND PLACED OF RECORD IN THE COUNTY CLERK'S OFFICE AN EASEMENT FOR ALLEY AND UTILITY PURPOSES WHICH WILL EXTEND ON AND ACROSS A PORTION OF LOTS 15 AND 16 IN BLOCK 23, DEL MAR ADDITION, FOR THE USE OF UTILITY INSTALLATIONS AND THE PUBLIC, IN LIEU OF THE ALLEY HEREAFTER ABANDONED AND CLOSED; AND WHEREAS, THE CITY COUNCIL FINDS THAT IT IS IN THE PUBLIC INTEREST TO RELOCATE SAID ALLEY BY THE CLOSING OF SAID PORTION EXTENDING BETWEEN BLOCKS 22 AND 23, AND ESTABLISHING AN ALLEY AND UTILITY EASEMENT ON AND ACROSS LOTS 15 AND 16 IN BLOCK 23, DEL MAR ADDITION, IN LIEU THEREOF: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT IN THE PUBLIC INTEREST THE SOUTH 130 FEET OF THE ALLEYWAY AND UTILITY EASEMENT EXTENDING IN A NORTH AND SOUTH DIRECTION BETWEEN BLOCKS 22 AND 23 OF DEL MAR ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT OF SAID ADDITION ON FILE IN THE RECORDS OF THE COUNTY CLERK'S OFFICE, NUECES COUNTY, TEXAS, IS HEREBY CLOSED AND ABANDONED AS A UTILITY EASEMENT AND 6170 • • PUBLIC ALLEY, AND IN LIEU THEREOF THERE IS HEREBY ACCEPTED BY THE CITY A UTILITY AND ALLEY EASEMENT ON AND ACROSS LOTS 15 AND 16 IN BLOCK 23 OF DEL MAR ADDITION TO THE CITY OF CORPUS CHRISTI, A COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATELY MAKING A PUBLIC RECORD OF THE FINDINGS OF THE COUNCIL AND DECISION TO ABANDON SAID PORTION OF SAID ALLEYWAY AND ACCEPT A NEW ALLEYWAY AND UTILITY EASEMENT IN LIEU THEREOF 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 CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS APPROVED THIS 7 DAY OF ATTEST: AGE, IT IS ACCORDINGLY PASSED AND , 1961. MAYO CITY SECRETARY APPROVED AS TO L GAL FORM THIS DAY OF CITY ATTORNEY , 1961: THE CITY OF CORPUS CHRISTI TEXAS STATE OF TEXAS COUNTY OP NUECES KNOW ALL PEN BY THESE PRESENTS/ That First State hank of Corpus Christi,ak banking corpora•. tion organized ender the lswa of the State atlases, for end in cone1deration of: the sum of Ten ($10.D0):ballers' end other good and valuable consideration to it in hend''paid by the City of Corpus Christi, a municipsi corporation, receipt: of which is hereby acknowledged, does hereby give end grant to the City, of Corpus Christi an alley easement epet!'Lficelly including the right to construct, reconstruct and perpetually maintain sewer, water, Una and other utility lines, together with 811 necessary 1eterele in, upon end across the following described tract end parcel of land out of lots fifteen; (15) and sixteen (16) block twenty- three (23) Del Par Addition to the City of Corpus Christi, Nuecee County, Texas, said right to be confined to the following described- partionof said lot*, to -witr BEGXNNXNO at the southeast corner of Lot 15, Block 23, Del Mar Addition for :tha southeast corner: of this tract. THENCE s 50 deg. 54'.w, with the south boundary of said Lot 15, 10.004 for the southwest corner of this treat. ?HENCE N31 deg. 064 W, parallel to Oa east boundary of , said Lot 15, 120.004 to a point: for an inside corner of this tract. TIDE N 76 deg. 06' W 4.1114 to a point on the south boundary of'a 10' !utility esaement- running through;said.Block 23, for an Inside corner: of this tract. - THENCE $ 56 deg.' 51L' W, with maid south boundary of said 10.04 utility easement, parallel to the cospmon boundary between :said ,'Lot l5: and Lot :16, at 3044 across the etat boundary of en existing 10.0 foot alley, In sill, a distance of 4.0.004 to a point on the wept boundary of said existing railer, for :a corner-of this tract,- whence the southeast corner of Block; 22, Dal Mar Mdi tion bears S 31. deg.,;064 E ,130.04. THENCE N 31 deg. 064 W, with the said west boundary of Slid existing alley, which is also the eastern, boundary or Block 22, Del Mar Addition, 28.004 to a point for the northwest corner of this tract, when the,nertheast corner of Lot 6, Block 22 bears N31 deg. 064 W 4.04. , THENCE N 5@ :des. 544-E across MN e point on the eastern boundary o€ which is also the *St bcundery of fora c'drner'of' this tract, whence of sgid Lot 16-beers-Di 31 deg., 064 existing alley, 10.04 to said existing alley, Lot ib'y ,Block 23, the northwest corner W, 112.004.. THENCE 531 deg. 06' E,'with the:west boundary of said --Lot 16,.6.01 fora corner of this tract. ? ENCt S:76•'deg. 06' E,'1I 1k.1 to a point oh the north boundary of.e 10.0' utility easement through.Biock 23, for a corner of this tract. THENCE N 5B deg 54"' "E, with the north boundary of said - 10.01 utility easement 140.01 to a point on the teat boundary ,of said Lot 16, for the northeast Corper of. this 'tract. - THENCE S 31 deg. 06i E with the east boundary of said *tot 16, at .5.0' pass the southeast corner. o said Lot 16 which is also the northeast corner of said Let 15, end then continuing with the east boundary' Of said'Lot tin all a distance of 140.000 :.to' -the.Southeast corner` end iece bf beginning. TO HAVE AND TO HOLD the same perpetually -to the City of Corpus Chr.istl, its successors and assigns, together with the right and privilege at any end all times to enter said premises, or any part'' thereof, for the purpose of constructing, reconstructing and maintaining said utility. lines .end for making.connectlone therewith and use the same as an alleyway, WITNESS the hand of the said First State Bank of Corpus Christi by and through its officers hereunto dp1>fi authorized, thla the 2nd;day of Juno', 1961. ATTEST: Cashier STATE OF TEXAS COUNTY OF NUECES FIRST .STATE.BANK QF CORPUS CHRISTI. By James IAN. Smith Executive Vice- Presldent BEFORE NE, the undersigned authority, a Notary Public in end for said county and state, on this day personally appeared James W. Smith, Executive Vice president of -First State BOU of Corpus Christi, known to me to be the''person and offieeewhose name is subscribed to the foregoing instrument, end acknowledged to me that the esme was the act of the said First State(,, Bank' of Corpus ' Christ *, a corporation, and that 'he executed the same'as the act •' of such corporation for the purposes and consideration therein expressed,:and in the 'Capacity therein stated., GIVEN UNDER;49Y.HAND AND SEAL QF.OFFICE,, thialithe 2nd day'of June, 1961. Notary Public in and for Nueces County,-Texas • • CORPUS CHRIST TEXAS 7 DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IM 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 RESOLUTION 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; t, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT 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 CORPUS CHRI I,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JosE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG d. R.5oaaaci. RICHARD B. Bros= dom. A.Wwcu=a SORRBLL,STONE & WALLBR Poronsnve AZ LAW MMW 304 Parao..DH Togas CORPOB CHAIBTI,TOXAB June 5, 1961 Mr. I. M. Singer City Attorney City Hall Corpus Christi, Texas Re: Alley easement, First State Bank Property 11505 Tal.EPUDN= TII 4 -4BBI Dear Mr. Singer: I am enclosing a copy of the alley easement from the. First State Bank to the City. The original of this instrument was mailed to Mrs. Gouger for recordation and enclosed is carbon copy of that letter. All that should be necessary now is the passage of the ordinance officially closing the alley. Thank you for your cooperation in this matter With best regards, I am Yours very truly, JAW:smh Enclosure SORRELL, 5RU hn A. Waller 8 WALLER