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Home My WebLink About06173 ORD - 06/14/19610 BB:6 -9 -61 • AN ORDINANCE THE CITY MANAGER TO GRANT TO_TE%- WAY COMPANY, SIDETRACK PRIVILEGE Arrf% n QLll TrU ool%lll FGFS AKIn rMNFC- T FROM THE WEST LINE OF CAMPBELL ROAD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT PERMISSION 15 HEREBY GRANTED TO THE TEXAS - MEXICAN RAILWAY COMPANY IN THE NATURE OF A SIDETRACK EASEMENT AND THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A SIDETRACK EASE- MENT ON AND ACROSS STEEL STREET PARALLEL TO CAMPBELL ROAD AND HAVING ITS CENTER LINE AT A DISTANCE OF 168.28 FEET FROM THE WEST LINE OF CAMPBELL ROADS SAID CENTER LINE BEING IDENTICAL WITH THE EXISTING CENTER LINE OF THE SIDETRACK TO THE SOUTH OF STEEL STREET AND SAID EASEMENT BEING THE WIDTH OF THE AREA BETWEEN THE TRACKS OR RAILS THE WIDTH OF THE RAILS, AND 2 FEET ON EACH SIDE THEREOF, ALL AS DESCRIBED AND SUBJECT TO THE CONDITIONS AND PROVISIONS OF THE EASEMENT GRANT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR AUTHORIZING THE GRANTING OF THE EASEMENT SO THAT CONSTRUCTION MAY COMMENCE IMMEDIATELY UPON THE RAILWAY SIDETRACK USING SUCH 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 COUNCILS AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND 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 AFTER PASSAGE, IT IS ACCORDINGLY ILI PASSED AND APPROVED, THIS DAY OF t96i. ATTEST: CITY SECRIfTA APPROVED AS TO GAL FORM THIS /,2 DAY OF,Eav� =s 1961: CITY ATftRNEf Y RR OITY�ACM THE CHRISTI, TEXAS � 1id6a ®DtC,=12e�1 '� THE STATE or T- A9 COUNT.Y OF NUEGES 1. PER141WON AND AUTHORITY ARE HERCAY'GRANTEO''SY THE 'CITY of CORPliS CHRIST), A MUNICIPAL CORPORATION, ACTING OY AND TN#CUQH ITS DULY AUTNoRl3$D CITY EIANAGtR, UPON THE TERNS AND SUBJECT TO THE CON- .. OITIONS HEREINAFTER SET,FORTH, To IRE T'ERAS.MeRICANLRAILMAr CommmY To CONSTRUCTS ERECT* RENEyi REPAIRS HAINTAIN, GPOATE IN# UPON# ALONO# ACApsSs TINDER AND OVEN THE STREET AT THE LOCATION HMJ*AFPER DESCRIBED i GF:A SIDETRACX EXTENDING ACROSS STEEL STREET AT A POINT DETWCEN CAMPBELL - 'RDAO ,Ant# McSRIOE LANE,. 60RE ,PARTICULARLY DEStRYHED AS FMOVSE A RAILROAD SIDETRACK HAVING ITS CENTER LINE AS A NORTHHARO EXTENSION OP THE CACNTEN LINE DF ITS CNISTPNG TRACK SOUTH OF STEEL 'STREET WHICH CENTER LINE CROSStNO STEEL. STREET tS PARALLEL - TO,AND APPRoxo tHATELY-I(Z.28 FEET 4IEsr OF CAmpJIELL 411D AND INHEDtATdLY SOUTH of LOT 16,, 13L*CX 4 OF WESTSIOC IIjbUSTRtAL DIS- TR4.CT# A *V- SUBDIVISION OF SHARE X13" OF WS. MARY IBRIOE PARTITION IH THE CITY or CORPUS.CHRI$?I #, MUECC-S COUNTY* Taw, WHICH newsu801VISION is SHO1tN ON A- kxt OT RECORD to YOL. 2 , PAGE 73, OF'THE MAP RECORDS OF H1JECt s COUNTY, TE7tA9. THE EASEMENT HEREDY' QftAHTEO $HALL. 13C THE 111oTH'OF'THE, ARCA SL'TNEEN THE RAIRS; THE WIDTH of THE RAILS ANO 2 .BELT OR THE OUTSIDE OF EACH Of THE RA1"., 9. THIS SIDETRACK EASEMENT Ii GRANTED UNDER THE PROViB1ONs OF THE CITY CHARTER AND SUBJECT TO THE CONDITIONS AND RCSTRt'GTIONS THEREIN PRO. V10ED. 3. Any USE OF. THE'CAISENENT HEREIN GRANTED SHALL DE SUBJECT TO THE RIGHT or CITY, ITS SUCCESSORS OR ASSIGNS, TO INSTALL UTILITIES OR DRAINAGE FACILITIES, WITN4N THE SAID STR99T RIGHT OF WAY OF STEEL STREET AND SUCH ffi14NT OF USE THEREOF FOR SUCH PURPOSES AS WELL AN!STREET, SIDEWALK, CURSp 4UTTER AND ORAIWAGE PURPOSES SY THE CITY, ITS SUCCESSORS AND ASSIGNS# 15 REREBY'RESERVED To THE CITY. IN THE EVENT ANY INPRGVQNENTS ARE ORDERED BY Tit[ C4TY fN 'STdCk STREET ON IN THE EVENT ANY I.WROVEHENTS ARE NAVE dY THE CITY IN STEEL STREET, TNC GRANTEE SHALL ,ADJUST ITS INSTALLATIONt1 AS TO GRAnC AND fNPROV$ THE STRCCI WITHIN SAID CASEHENT 70 THE SANI 'STANDARD OF i"ROVEMSNT AS THAT PORTION pF THE STREET ABUTTING $410 CASEMENT AND ITI THE EVENT SAID STREET IMPROVEKIiTS ARE A PERMANENT PAVING, CURD, GUTTER ON ME MAL&p THE GRANTEE SHALL PAY ITS PROPORTIONATE SHARE DR THE COST DF SUCH IMPROVEMENTS, 5, THE GRANTEE SHALL MAINTAIN, THE AREA INCLUDED. WITHIN SAID EASEMENT HEREDY GRANTED IN RAFE CONDIT +ON FOR JRAeEL AND USE BY THE' PUSLi.0 AND AGRCES TO INDEMNIFY AHD HOLD HARMLESS THE 'CITY FROM ANY CLAIMS I:OR pAMAus ARISING BY REASON or me CGNAITION Or SA30 EASEMENT i AREA OR THE EKISITENCES, USE OR MAINTENANCE THEREOF$ 6, PROPER PROVISION FOR THE DRAINAu IN AND ALONG SAID STREET SHALL 'HE PROViDED DY THE GRANTEE, AND SUCH 'DiTCHE9'OR CULVERTS AS ARE NECESSARY SHALL at CONSTRUCTED OY THE GRANTEE SD AS NOT TO INTERFERE WITH TitE DRAINAGE ON AND ALONG SAID STREET. i FXORED THIS DAY Of 190. ATTESTa CITY OF CARKiS CHRISTI ar -1. ;Y.SQ$RETARY' CROCKS W. WHITNEY CITY PIANAGER APPROVED AS TO LEGAL FOM THIS ^,�,,,,,,_,OAY OF 7961 t �ITY.AT70AIICV - - THE STATE OF TEXAS CW4TV OF MlPLES BEFORE Kp THE UNDERSIGNED AtiTHORITY, ON .THIS DAY'PEPSONALLY APPEARED 4ERUERT U. WHITNEY, CITY MANAGER OF THE CITY or CORPUS CHN /STI, T. CXAS, ItNOWN TD ME Tp ac ENE mkiN IiH08E' MAKE 'IS'SUBSCRdBEO TO THE a'IfIEIGOING INSTRUMENT ,AND ACKNOWLEDGED, TO RE THAT HE EXECUTED THE SANE FOR THE PU14POSED AND CONPIDERATION THEREIN CXPREE3EDO AHD IH THE CAPACITY. THEREIN STATED AND AS THE ACT AND DEED Or SAID, CITY. GIVEN U14DER 14Y PAW) AND SEAL OF OFFICEi THIS ',,,,,,,_DAY DT - ig6i. - NOTARY PUBLIC IN.AHD -FOR iiUECEI COUNTY' TEXAS 0 is CORPUS CHRIS ' TEXAS / DAY 0 '9�! 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 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; 1, 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 CHRISTI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE. BEN F. MCDONALD 14- 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 FO IN O VOTE. BEN F. MCDONALD TOM R. SWANTN DR. JAMES L. Jose R. DELEo M. P. MALDONA W. J. ROBERTS JAMES H. YOUN