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HomeMy WebLinkAbout06507 ORD - 05/09/1962L� JKH:5 -8 -62 O AN ORDINANCE DECLARING ABANDONED A CERTAIN WATER LINE EASEMENT U SELL NTED BY CL RA 6RTS�OCf� ET AL, BY UNRECORDED INSTRUMENT DATED NOVEMBER 22, 1938; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED OF SAID EASEMENT UNTO THE PRESENT OWNERS; AND DECLARING AN EMERGENCY. WHEREAS, AN EASEMENT OVER AND ACROSS BLOCKS 19 AND 20, J. C. RUSSELL FARM BLOCKS, LYING BETWEEN OMAHA DRIVE AND SAVAGE LANE, SOUTH OF HIGHWAY 9, WAS GRANTED BY CLARA DRISCOLL, ET AL, 'TO THE CITY OF CORPUS CHRISTI FOR THE PURPOSE OF LAYING WATER LINES UPON LANDS COVERED THEREBY, SAID "INSTRUMENT BEING DATED NOVEMBER 22, 1938, AND BEING INSTRUMENT N0. 1 181, IN THE FILE OF'THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, WHICH EASEMENT IS NOT NOW USED OR NEEDED BY THE CITY OF CORPUS CHRISTI, TEXAS: NOW, THEREFORE, BE IT ORDAINED iBY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ALL OF THAT CERTAIN EASEMENT DEEDED TO THE CITY OF CORPUS CHRISTI BY CLARA DRISCOLL, ET AL, DATED NOVEMBER 22, 1938, BEING A STRIP OF LAND 10 FEET WIDE OVER AND ACROSS BLOCKS 19 AND 20 OF THE J. C. RUSSELL FARM BLOCKS, AND,HAVING AS ITS CENTER A LINE DESCRIBED AS FOLLOWS: BEGINNING -AT THE ESTABLISHED INTERSECTION OF THE CENTER LINE OF SAVAGE LANE AND THE CENTER LINE OF HIGHWAY N0. 9; THENCE IN A NORTHERLY DIRECTION ALONG THE CENTER LINE OF SAVAGE LANE 66 FEET; THENCE IN AN EASTERLY DIRECTION PARALLEL TO THE CENTER LINE OF HIGHWAY N0. 9, AND ALSO BEING IN AN EASTERLY DIRECTION ALONG THE CENTER LINE OF THE 3011 WATER MAIN BELONGING TO THE CITY OF CORPUS CHRISTI, A DISTANCE OF 835.6 FEET FOR THE BEGINNING POINT OF THE CENTER LINE OF THE EASEMENT AND RIGHT OF WAY HEREIN DESCRIBED; THENCE SOUTH 2° 141 WEST 3735 FEET; THENCE NORTH 57` 421 WEST 583 FEET; THENCE SOUTH 2° 141 WEST 246 FEET TO END OF EASEMENT, BE AND THE SAME IS HEREBY DECLARED ABANDONED AND RELEASED AND RELINQUISHED BY THE CITY OF CORPUS CHRISTI. 650 'O G SECTION 2. THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A QUITCLAIM DEED OF HEREINABOVE DESCRIBED EASEMENT UNTO THE PRESENT OWNERS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE NECESSITY FOR RECOGNIZING THE ABANDONMENT OF THE EASEMENT HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTERRULE 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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 AY of MAY, 1962. AT TE 4�XK'2 w/ / 5146� p MAYOR J THE CITY OF CORPUS CHRIST IXAS CI SEC EJ� Y APP OVED AS TO LEGAL f RM THIS DAY OF MAY, 1962: CITY ATTORNEY // QUITCLAIM DEEDS THE STATE Of TEXASt� • COUNTY OF NUECES �4 WHEREAS, THERE WAS GA'Xdfib'BY UNRECORDED INSTRUMENT DATED NOVEMBER 22, 1938, DEI o INSTRUMENT NO. 181 IN THE FILE OF THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI? A WATER LINE EASEMENT FROM CLARA DRISCOLL, ET AL, TO THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF LAYING A MATER LINE UPON LARDS COVERED THEREBY, WHICH EASesmal' IS NOT NOW USED OR NEEDED BY THE CITY OF CORPUS CHRISTI, TE%ASi NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION} ACTING UNDER THE HOME RULE STATUTES OF THE STATE Of TEXAS, GRANTEE IN THE ABOVE MENTIONEO INSTRUMENT, FOR AND IN CONSIDERATION OF ONE DGLLAR ($1.00), IN HAND PAID, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, NY THE EDWIN PLATO COMPANY, DOES HEREBY RELEASE, RELINQUISH AND QUITCLAIM UNTO THE SAIo EoWIN FLATO COMPANY, THE PRESENT OWNERS OF THE LAND BURbENEO BY THE EASEMENT GRANTED IN THE AFORESAID INSTRUMENT ALL RIGHT, TIITLH ARO INTERM I AND TO THE LAND DESCRIBED 1N 0110, INSTRUMENT AND ACQUIRED BY THE CITY SV VIRTUE OF GA10 INSTRUMENT, SAID LAND BEING A STRIP OF LAND 10 FEET WIDE OVER AND ALROSS BLOCK$ 19 AND 20 OF THE J. C. RUSSELL FARM SLOCNS, AND HANINO AS 4TS CENTER A LINE DESCR14CO AS FOLLOWS! BEGINNING AT THE ESTABL)SHED INTERSECTION OF THE CENTER LINE OF SAVAGE UANE AND THE CENTER LINE OF STATE HIGHWAY N0. 9s THENCE IN A NORTHERLY, DIRECTION ALONG THE CENTER LINE OF SAVAGE LANE 'f6 FEET; THENCE IN AN EASTEI�Y DIRECTION PARALLEL TO THE CENTER LINF (IV HI AT NO. 9i AND A06'13CING IN AN EASTERLY DIRE, ION ALONG THE CENTER LINE OF THE 30" WATER NA BELONGING TO THE CITY OF CORPUS , CHRISTI, A DISTAAcm OP 835.6 FEET FOR THE BEaIHHING POINT OF THE CENTER LINE OF THE EASEMENT AND RIGHT OF WAY HEREIN DESCRIBED) THENCE SOUTtf V Of WEST 3735 FEET) THENCE NORTH 574 1:21 WE's, 55.83 FEETi •F HENCE SOUTH 2'' �l l- -EST 246' FEET •TO END 0F` .e » EASEMENT.,' 4 - - •EXECUTED TH13 THE DAY,OF MAY,w 1962,,'BY TNE',CI TY 'MANAGE(i OF THE CITY OF,CORPUS,'CHRISTI,p +TEXAS,, BY AUTHORITY OF, "e ' V - ORDINANCE No, CITY OF CORPUS CHRIST]., k ' HERBERT W. WHITNEY 'CITY MANAGER - �' - -� C1.TY SECRETARY'.,' - :. r,• 6� .,f , h?,- §'i� ry- •-R "r';. r s xl. a'�. ,�,,IR, t , -APPROVED AS, TO* 4EGAL TORM1,THIS a, - = -t >`�, z " 'DAY OF .MAY, 1962E ' 5' a• . ? o 'C 1 TY .ATTQRNEY, to --4r :a s:5's j . '. 1•'.•- _ _ .. THE STATE _6F `TEXAS' e ; COUNTY; OF ; VLIECES, BEFORE MEj 7HE'ISNDER3 I,GNED AUTHORITY, ON THIS DAY ' PERSONALLY .r - APPEARED HERBERT, W. WHITNEY,i` CI TY ,MANAGER" OFTHE CITY OF`CORPUS' CHRISTI, _ TE %AS, KNOWN 'TO ME TO SEINE PERSON .WHOSE; `NAME- 1.3 SUBSCRIBED-TO THE •.r, ; '',•r FOREGOING,_INSTRUMENT AND ACNNOWLEDGEO TOME THAT HE- EXECUTED THE SAME, - - r_ r-.FOR THE PURPOSE §'AND CONtIPERATION THEREIN EXPRESSED ;, 'AN D.IN'THE'CAP'AC1TY' THERE IN.`ST.ATED' AND 'AS THE ACT AND DEED- OF „SA "LD,- C I TY. `t'•= ` - GIVEN: UNDER MY, HANDS AND SEAL OF OFFICEy, ?HIS THE DAY " -- — .» OF MAY, 1962. NOTARY PUBLIC• IN AND FOR NUECES, COUNTY, Tex AS - - CORPUS CHRISTI, TEXAS DAY O 9�u 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 ry 'COUNCIL; I, 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 CHRIS ;' TEXAS + THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ' Y BEN F. MCDONALD TOM R. SWANTNER ` DR. JAMES L. BARNARD r JOSE R. DELEON �r M. P. MALDONADO �. + . W. J. ROBERTS JAMES H. YOUNG �p . THE ABOVE ORDINANCE WAS PASSED 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 r � r f i o.