HomeMy WebLinkAbout06651 ORD - 09/26/1962• IMS:JKH:9 -24 -62 •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND
ON BEHALF OF THE CITY, A REVOCABLE EASEMENT FOR
USE OF A PORTION OF A SIDEWALK AREA ON THE SOUTH -
WEST SIDE OF AUSTIN STREET BETWEEN HARRISON
(BREEZEWAY) STREET AND CHAMBERLAIN STREET; PROVIDING
THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
WHEREAS, APPLICATION HAS BEEN MADE BY INCARNATE WORD ACADEMY,
OF CORPUS CHRISTI, TEXAS, SOMETIMES DESIGNATED AS THE CONVENT ACADEMY
OF THE INCARNATE WORD, TO EXTEND THE ASPHALT PAVING OF THE PARKING
LOT LOCATED ON THE SOUTHWEST SIDE OF AUSTIN STREET SO AS TO OCCUPY
A PORTION OF THE SIDEWALK AREA ON SAID SOUTHWEST SIDE OF AUSTIN
STREET, LYING ADJACENT AND RUNNING PARALLEL WITH THE CONVENT PROPERTY
BETWEEN HARR15ON (BREEZEWAY) STREET, 200 FEET IN A SOUTHERLY DIRECTION
TOWARD THE INTERSECTION OF AUSTIN AND CHAMBERLAIN STREETS; AND
WHEREAS, THERE IS LITTLE OR NO PEDESTRIAN USE OF THE SIDE-
WALK AREA ON THE SOUTHWEST SIDE OF AUSTIN STREET AT THE POINT REFERRED
TO IN SAID APPLICATION AND THE USE OF SAID SIDEWALK AREA EXTENDING TO
A LINE PARALLEL TO AND 5 FEET SOUTHWEST OF THE CURB LINE OF THE SOUTH-
WEST SIDE OF AUSTIN STREET WILL PROVIDE TEMPORARY USE OF SAID AREA
WHICH WILL NOT INTERFERE WITH PEDESTRIAN TRAFFIC THEREON:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO
EXECUTE AND DELIVER TO INCARNATE 'WORD ACADEMY, SOMETIMES REFERRED TO
AS THE CONVENT ACADEMY OF THE INCARNATE 'WORD, A NON- PROFIT ORGANIZATION
USED FOR EDUCATIONAL PURPOSES, A REVOCABLE EASEMENT AUTHORIZING THE
EXTENDING OF THE PARKING LOT AREA ADJACENT TO THE SOUTHWEST SIDE OF
AUSTIN STREET EXTENDING 200 FEET SOUTHERLY FROM THE RIGHT OF WAY OF
CHAMBERLAIN STREET FOR USE IN CONNECTION WITH AND AS A PART OF SAID
PARKING LOT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF.
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SECTION 2. THE NECESSITY FOR MAKING THE AREA DESCRIBED IN
SAID REVOCABLE EASEMENT IMMEDIATELY AVAILABLE FOR THE PURPOSE FOR WHICH
SAID EASEMENT IS GRANTED 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 AN:TF/ R IT PASSAGE, IT IS ACCORDINGLY
SO ORDAINED THIS THE DAY OF 1962.
I' AYOR
ATTES
THE CITY OF CORPUS CHRISTIVEXAS
l
C I TY SEC E ARV
APPROVED AS TO LEGAL FORM THIS
DAY OF SEPTEMBER, 1962:
CITY ATTORNEY
REVOCABLE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTSI
COUNTY OF NLCCES
THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND
THROUGH ITS DULY AUTHORIZED CITY MANAGER, HERBERT W. WHITNEY, FOR
AND IN CONSIDERATION OF THE SUN OF ONE DOLLAR ($1.00) TO IT IN HAND
PAID P INCARNATE WORD ACADEMY OF CORPUS CHRISTI, TEXAS, SOMETIMES
DESIGNATED AS THE CONVERT ACADEMY OF THE INCARNATE WORD, A MON- PROFIT,
EDUCATIONAL INSTITUTION, SITUATED IN CORPUS CHRISTI, NUECES COUNTY,
TEXAS, THE RECEIPT OF WHICH 1E HEREBY ACKNOWLEDGED AND CONFESSED, HAS
GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS OO GRANT, SELL AND
CONVEY, UPON THE CONDITIONS HEREINAFTER STATED, UNTO THE SAID INCARNATE
..ORD ACADEMY THE RIGHT TO CONSTRUCT AND MAINTAIN A PAVED SURFACE AUTO-
MOBILE PARKING AREA UPON THE FOLLOWING DESCRIBED PROPERTY, LOCATED IN
NUECES COUNTY, TEXAS, TO -WITY
ALL OF THAT PORTION OF THE PUBLIC RIGHT OF WAY
OF AUSTIN STREET EXTEN04HO SOUTHWARD A DISTANCE
OF 2W FEET TO CHAMBERLAIN STREET AND WEST OF A
LINE PARALLEL TO AND 5 FEET SOUTHWEST OF THE
EXISTING CURB LINE OF AUSTIN .STREET IN THE CITY OF
CORPUS CHRISTI, NYECES COUNTY, TEXAS.
TO HAVE AND TO HOLD THE SAME UNTO THE SAID INCARNATE WORD
ACADEMY, SOMETIMES REFERRED TO AS THE CONVERT ACADEMY OF THE INCARNATE
WORD, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE
AT ANY AND ALL TIMES TO ENTER UPON THE ABOVE AREA FOR THE PURPOSE OF
CONSTRUCTING AND MAINTAINING THEREON A PAYED SURFACC AUTONOSLLE PARKING
AREA, AND IT IS FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT
IS GRANTED UPON THE FOLLOWING CONDITIONSI
(A) IT 19 UNDERSTOOD AND AGREED THAT THE EASEMENT HEREBY
GRANTED MAY OE REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI.
(B) THAT THE GRANTEE WILL SAVE AND KEEP HARMLESS THE CITY
OF CORPUS CHRISTI FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF
THE SMPROVEMEHT, USE OF AND MAINTENANCE OF SAID PARKING LOT AREA OCCUPYING
SAID PORTION OF SAID PUBLIC RIGHT OF WAY.
(C) THAT THE USE OF SAID AREA HEREBY GRANTED $HALL
iN NO WAY INTERFERE WSTH THE OPERATION By THE CITY OF ANY UTILITY
LINES OR TOE MAINTENANCE THEREOF.
(0) THAT GRANTEE WILL, BEFORE OR COINCIDENT WITH ANY
iMOROVEMENT OR USE OF SAID AREA CONSTRUCT A PROPER CURB PARALLEL
'f0 ANO 5 FEET SOUTHWEST FRO14 THE DUSTIN STREE7 CURB.
(E) THE USE UY THE GRANTEE SHALL BE LIMITED TO THE
PAPXtNG OF AUTOM08iLES AND MOTOR VEHICLES IN ACCORDANCE WITH THE
APPLICATION ON FILE WITH THE CITY SECRETARY,
IN TEST IMDNY WHEREOF-, THE C +TY OF CORPUS CHR 15171, TEXAS,
Hits CAUSED THESE PRESENTS TO at EXECUTED THIS THE DAY OF
5LPTEMBER, 1962.
ATTEST:
�w.
CITY SECRETARY
APPROVED AS TO LEG41. FURM
THIS DAY UF' SEPTEMBER,
19b2e
CITY %TTORHEy
THE STATE OF TEXAS j
Iu TY OF NUECE:> i
CITY OF CORPUS CW 15TIO TEXAS
By--
HEROERT W. WHITNEY
CITY MANAGER
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W, WHITNEY, KNOWN TO ME TO BE THE LIYy MAMARER OF
T4E CITY OF CORPUS i.HRISTi, TEXAS, AMC THE SAME PERSON WHO SIGNED THE
FOREGOING INSTRUMENT ANO ACXHOWL €OOED TO ME THAT HE EXECUTED THE SAME
AS THE ACT OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS CITY MANAGER
THEREOF FOR THE PURPOSES AMC CONSIDERATIONS THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SE>:L OF OFFICE THIS THE DAY OF
SEPTEMOER, 1962.
NOTARY PuHLIC IN AND FOR NUECES COUNTY,
TEXAS
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THE AROVE GRANT AND EASEMENT IS HEREDY ACCEPTED THIS
THE DAY OF 1962, RIY INCARNATE- WORD ACADEMYT
SOMETIMES DESIGNATED AS CONVENT &CADEMY OF THE INCARNATE W0000
AND SAID ORGANIZATION AGREES TO KEEP AND PERFORM THE CONDITIONS
IMPOSED BY SAID GRANT AND EASEMENT AND 'THAT IT IS BOUND BY ALL Di
THE TERMS OF THE SAKE.
INCARNPTE WORD ACADEMY
THL CONVENT �'C`,DEMY CGF THE INC%IRNATE b'URJ
BY _
ROBERT E. HAEGELIN,
( vTTORNEY FOR GRANTEE
THE STATE OF TEXAS
CWNTY OF NUECES {
BEFORE ME, THE UNDERSIGNED hUTHOR1TY,ON THIS DAY PERSONALLY
APPEARED ROBERT E. fVlGELIN, KNOWN TO ME TD OE THE SAME PERSON WHO
SIGNED THE AF.OVE INSTRUMENT ANO HE ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN
THE CAPACITY OF ATTORNEY FOR THE GRANTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY
or , 1962.
NOTARY PUOLIC IN AND FOR NUECES COUNTY,
TEXAS.
:7
K"t4KE [ASZD[NT
TT+£ STATE OF ma f
PAW ALL WK M THME 1E1[SENMI
CCYNTT or NNEw
TINNY THE CITY or COMMS CMIISTt, TCAAS, ACTMM s7 AAm
TNNMVDM ITS DULY AVTOMIUS CITY NANAII M, "SODOMY W. WNITNtY, rwt
AND IN cN t1E11ATIDN M THE OuN Or ERIC OOLLAN (01.1m) TO IT IN "m
PAID D* IMCMUSATC WSMq ACADEMY Or CDOAVS CMIETl, TEXAS, SOMETIMES
OtsionaTEO AS THE CDNYEMT Acamm K TIK INCARNATE WOMB, A WWI~IT,
EDUCATIONAL IIMTITITiDM, SITUATED 1M CORPUS 0013k1, MONOEO COMMIT,
TEXAS, THE Rc4s MDT Sr MACH 1E MEREST ACSMOWLEDOSS AND GIN 922*, MIND
s"Kno, EEL► AND OOMVSVILR AND DT TMEEE FHEDEMTs W MNANT, SELL ANN
CONVEY, UPON THE COIR1171OMS WEittl WAFTER STATED, UK" THE SAID INCAQMATC
WOOD ACADEMY THE M1RNT TO EMSTOVCT ADO MAINTAIN A ►AVM SURFACE AVTS-
MMILC rARO/1N AMEX UNM THC rOLLOWiNO DESCRIBED FSB►ENNTY, LDNATED IN
Nusets COMITY, TEXAS, TowlTt
ALL Or THAT •OITIM Or THE PUBLIC TIN" Or WAY
Or ANiTIW STUNT LATCNSNNO SWVWW M A DISTAMCC
N 900 ?NET To CMAMMaLAIN STOUT AM WEST W A
LIMN PARALLEL ro AND 9 rEcT SsYTMWbT of TNt
EOtaTINs cum ►NNE or AYSTIN STOCCT IN THC CITY Of
CMW7 CMRIsT1, NWECCO CDVNrT, TEXAS.
TO "AYE AID TO MW TWA SAM[ IMTD THE SAID I*UVA6ATR WMD
ACADEMY, SSNRTIMDM RErERHEO TD As TIME CSMTENT AOAamy N THE IMEANIN1Tt
WORD, ITS OWCCESSSRS AM AMIDNS, TOOCTMER WITH THE R /ONT AND MtVILCU
AT AMT AIM ALL TIMES TO ENTER UFOR TOE ASSYC AREA FOR THIN P"PM Or
COMOTRV41IMS AIM MAINTAIDIHE TMEREOM A PAVED SVRFACC AVTOIMSIL[ FA*RFMO
AOEA, ANO IT to rMTNCM VIMERSTOOS THAT THE rDMMIMM [Ammin AND RIMY
Is MAWTED WFDN THE rOLLOVINS CHID 1TiDINi
(A) IT Is VIIDCIMTMD AIM AMCES THAT THE SAEENEW NCMC§V
MAHYtO HAT EE stVONts AT Aw TIN[ Sy THE CITY Vr CDRws CINt1ETl.
(S) THAT THE GRANT99 WILL SAVE AND SECF OAMLESS THE CtIV
N CORNVs CIMISTI raw AWT AND ALL CLAIMS "Hl LIASILITY DT "hum M
THE Nwrommmew, MC Dr AMS NAt NT[NAMCE Or SAID PAIMIMO LOT A,MEA 16CUMTING
SAID FOOTiM W SAID rOOLIC MIGHT W VAT.
(e) THAT rut UBE Of @R /O NONS MEN"y SNANTED SMALL
IR NO NAT INTERFERE WITH TYPE MRATIOM BY THE CITY of ANY UTILITY
LINES ON YNE ,IAINTONADOE TMEOEO►.
(D) THAT BRAOTEE Vlbi, @EPpIE SR gINCINEI" WITH ANY
1WNOVENEMT g YOC Of SAID ARCA COMYRrDf A PEA dOft PARALLEL
TO Am 5 PELT SOUTHWEST POOR TNS AUSTIN 51VWV OMRR.
(E) TM ,ISE OM ONE DRADTEE NNNI DY LtNitCD TO YIe
PARKINS Of AUrONOE14.EC AMD MOTOR TEMIGI M BONSWONSM MNTM YEN
APPLICATION ON FILE WITH TWO CITY SCCRETART.
IN TESTIMONY WMLK F, rut CITY Or CORws ItTpitsf I, TSEAs,
WAS CAUSED TNEK PRESENTS TO @GEBEDMTLD rM1S TINE �_. OAT Or
sEfTN�, We.
ATTEBTt
CITY $CQRETARY
APPROVED AS TO LWAL Ftttlll
THIS DAY OF Sc"DMtRf
1g6ti ,
IYY ATTORNEY
THE STATE OF TEXAS
CITY of CORFUS CHRISTI, MAS
SY
HEROERT W, kYPrvIYPEY
CITY MANAOCR
CAWTV of Win
OEFORE ME, TNC UNDERBIDDER AUTMMIITY, ON MIS RAY MINIMALLY
APPSAREA HERE.NT V. kNITW, RBOYN TO NNE TO OE TYPE CITY MANAO@R M
TIRE CITY Of CDBPRS toNtSTI, TERAS, Am Tie R*K PENSION MNS BIODCO Two:
fOREOOINO INSTRUMENT AND AOWIOULEOOCD TO IIE TWAT NE CRECUT[D THE SAME
AS THE ACT Of YNC CITY or COOP" CNOISTN, TERAS, Am As CITY MANAGER
rNEREOF FOR TIRE PURPOSES AND CONSIDERATION@ THIMIN ERPREB@ED.
RIYEM wOER w HIM AND SEAL of OFFICE THIS TMO DAY of
SCPTESgR, 1962.
�d
THE ASGYE ONAHT AND EASEMENT IN MENCRY ACCtPTEO TNIS
THIS —DAY or , 1968, NY INCANNArt Weft ACAOtRY,
SOMETIMES DESIGNATED AS COIFCITT ACADEMY Or THE INCARNATE WOOD,
AND SAID ORGANIZATION ASMEES TO KEEP AND ►ERrSRM THE CONDITIOMS
IMPOSED ST RAID GRANT AND CASEMENT AND THAT IT IS DOURP NY ALL OF
THE TI M S H THE SANE.
tNCAI MTE WORD ACADEMY
THE CONVENT ACADEMY OF THE INCARNATE WOW
BY
RSStRT E. NAESSLIM,
ArrORRET ►oR GRANTEE
THE STATE OF TEXAS
COWMTY Of NKCES j
SErW NE, rift OIDSOSINMED AUTNOHITY,ON THIS DAY PERSONA ►LT
APPEARED ART C. HAEGELIN, KNOWN TO ME TO RE TIME SAME PCReaN WHO
SIGNED THE ARSUE INSTNMNT AND ME ACKNOWLEDGED TO ME THAT ME EXECUTED
THE SAVE FOO THE PURPOSES AMD CONSIOCRATIOR THEREIN ENPRtSSCO, AID IN
THE CAPACITY Of ATTORNEY FOR TNt {GNANTEE.
OtVEN UNDO MY NAND AND SEAL OF OFFICE, THIS THE , YDAY
Sr , 1*.
NOTARY IMSLIC IN ANN FOR NOEttS COUMTT,
TEXAS.
r:
CORPUS CHRFSTI., TEXAS
DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI), TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE2 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; 10 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 CHRIST[ TEXA
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 VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
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Mr. Herbert W. Whitney
City Manager of the
City of Corpus Christi
Corpus Christi, Texas
A P P L I C A T I O N
Application is hereby made by the INCARNATE.
WORD ACADEMY of Corpus Christi, Texas of 2930 Alameda Street, Corpus
Christi, Texas, and being legally designated as THE CONVENT ACADEMY
OF THE INCARNATE WORD, a private non - profit organization organized
under the laws of the State of Texas, for authority to extend the
asphalt surface of their parking lot to within five (5) feet of the
present existing curb line on the Southwest side of Austin Street
In the City of Corpus Christi, Texas, lying adjacent and running
parallel with the Convent property between Harrison (Breezeway)
Street, 200 feet in a southerly direction toward the intersection
of Austin and Chamberlain streets.
This application is made with the complete under-
standing that if granted this permission, the City of Corpus Christi
would in no manner relinquish any rights in said property and that
the improvement (asphalt paving) will be removed by the undersigned
property owner upon request of the City of Corpus Christi and without
cost to the City.
At the present time there is no sidewalk along
the property adjoining the curb line of Austin Street and the same
is in grass and is not used by pedestrians for sidewalk purposes
and the foot traffic along this street is light, also, the automobile
traffic along this part of Austin Street is not heavy.
If this application is granted, a proper curb
will be installed five (5) feet from Austin Street as set out in
the attached plan. The only use that the Incarnate Word Academy
will make of this property will be for parking automobiles, and
this use has become desirable and necessary by virtue of the recent
completion of the Gymnasium, and if this application is granted it
will facilitate the parking problem that now exists in said area
and would improve the appearance of the subject property.
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Attached h -reto and made a part hereof is a
plat showing the proposed asphalt paving and curb for parking
purposes.
Respectfully Submitted,
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INCARNATE WORD ACADEMY
T.EE', CONVENT ACADEMY OF THE INCARNATE WORD
Robert E. Haegelin, By Paid— L
Attorney Robert E. Haegelin, Attorney
3236 Reid Drive For Applicant
Corpus Christi, Texas
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