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Home My WebLink About06676 ORD - 10/24/1962• IMS:JKH:10- 22r -62 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ENCROACHMENT AGREEMENT WITH JOHN MENDLESKI WHEREBY THE CITY AGREES TO PERMIT THE SAID JOHN MENDLESKI TO LEAVE THAT PORTION OF THE GARAGE AND DRIVE LOCATED ON LOT 4, BLOCK 44, MEADOWBROOK SUB- DIVISION, UNIT 1, TO REMAIN AT THEIR PRESENT LOCATION AS AN ENCROACHMENT ON THE UTILITY EASEMENT IN SAID LOT 4, BLOCK 4, MEADOWBROOK SUBDIVISION, UNIT 1, OWNED BY THE CITY, SUBJECT TO THE TERMS AND CONDI- TIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, JOHN MENDLESKI IS THE OWNER IN FEE SIMPLE OF LOT 4, BLOCK 44, OF MEADOWBROOK SUBDIVISION, UNIT 1, AN ADDITION TO`THE CITY OF CORPUS"CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THEEE EXISTS AT THE REAR OF THE ABOVE DESCRIBED LOT A UTILITY EASEMENT PRESENTLY OCCUPIED BY THE CITY OF CORPUS CHRISTI, AND INTO WHICH SAID UTILITY EASEMENT THE GARAGE ON SAID LOT ENCROACHES TO THE EXTENT OF APPROXIMATELY THREE FEET AND THE DRIVEWAY CONSTRUCTED ON SAID LOT ENCROACHES TO THE EXTENT OF APPROXI- MATELY TWO FEET; AND WHEREAS, THE SAID JOHN MENDj.ESKI HAS REQUESTED THE CITY OF . CORPUS CHRISTI FOR PERMISSION TO LEAVE THE SAID IMPROVEMENTS AS THE SAME EXTEND INTO THE EASEMENT IN THEIR PRESENT LOCATION AS AN EN- CROACHMENT ON SAID UTILITY EASEMENT; AND WHEREAS, THE EASEMENT WILL NOT AFFECT CITY UTILITIES: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN ENCROACHMENT AGREEMENT WITH JOHN MENDLESKI, SAID CITY PRESENTLY OCCUPYING AN UTILITY EASEMENT ON LOT 4, BLOCK 4, OF MEADOWBROOK SUBDI- VISION, UNIT 1, WHEREBY SAID JOHN MENDLESKI IS PERMITTED TO LEAVE THE AFOREMENTIONED ENCROACHMENTS TO REMAIN AT THEIR PRESENT LOCATION ON SAID UTILITY EASEMENT, SUBJECT TO THE TERMS AND CONDITIONS SET OUT 6G76 6 IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF 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 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, 4 IT IS ACCORDINGLY SO ORDAINED THIS THE % DAY OF OCTOBER, 1962. w" MAYOR AT""T ; THE CITY OF (ORPUS CHRISTI, TEXAS i�j.T ` Gzz s CI SECRETAR APPROVED AS TO LEGAL FORM THIS DAY OF OCTOBER, 1962: CITY ATTORNEY THE STATE f'1F' TEXAS COUNT' OF NUECES 'AGREEMENT AS TO..ENCROACHMENT WHEREAS,. JOHN MENDLESKI OF CORPUS CHRISTI.;, NUECES COUNTY, . - - - ..r - 'TEXAS, IS THE RECORD TITLE OWNER. OF THE PROPERTY DESCRIDEO AS LOT 4 - BLOCK 4, OF MEADOWBROOK SUODIYISIONI UNIT 1, AN ADDITION TO THE 'CITY - OF CORPUS CHRISTI, . NUECES,COUNTY,, TEXAS, AND ALL IMPROVEMENTS THEREON] AND WHEREASt THE GARAGE BUILT,AND LOCATED ON SAID LOT ENCROACHES INTO THE UTILITY EASEMENT AT THE REAR OF SAID LOT TO THE EXTENT OF APPROXIMATELY 3 FEET AND THE DRIVEWAY CONSTRUCTED ON SAID LOT ENCROACHES INTO THE UTILITY EASEMENT AT'THE REAR OF SAID LOT 81. OCK 4} Of .14EADOWBROOK SUBDIVISION$ UNIT. 1, TO THE EXTENT OF APPROXIMATELY 2 - FEET; AND. WHEREAS, THE SAID JOHN MENDLESKI WAS REQUESfCD THE CITY OF CORPUS CHRISTI, TEXAS, A. MUNICIPAL :CORPORATION, FOR-.PERMISSION TO - - LEAVE SAID GARAGE AND SAID. DRIVEWAY IN THEIR PRESENT LOCATION WHICH. ENCROACH ON SAID UTILITY EASEMENT; AND - WHEREAS, IT IS`THE. .DESIRE OF THE CITY OF CORPUS CHRISTI, TEXAS, A,NUNICIPAL CORPORATION, TOIPERMIT SAID GARAGE AND .DRIVEWAY TO' REMAIN . . 'IN THEIR PRESENT LOCATION AND ENCROACH ON SAID UTILITY EASEMENT SODJECT TO THE TERMS AND CONDITIONS HEREINAFTER SET-OUTI .." NOWi THEREFORE, IN CONSIDERATION OF TEN DOLLARS ( *1O.00) AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE CITY Or' CORPUS CHRPSTIt TEAS, A MUNICIPAL CORPORATION, HAVING AGREED TO PERMIT THE-SAID JOHN - MENDLESKI}. HIS HEIRS, EXECUTORS. AND ASSIGNS, TO LEAVE SAID GARAGE AND ; SAID DRIVEWAY IN THEIR PRESENT LOCATION }, SUBJECT TO THE FOLLOWING TERMS. - - AND ICOND.I T I ON$I .. - "1• THAT THE OWNER' AGREES,.BY 'THESE PRESENTS, THAT THERE' WILL BE NO LfABILITY ON THE PART OF THE CITY OF CORPUS CHRISTI TEXASp A MUNICIPAL CORPORATt -0Ng FOR ANY DAMAGE TO THE STRUCTURE OR 'DRIVEWAY BY REASON OF ANY. OR INSTALLATIONS IN THE UTILITY EASEMENT ON THE'. PART OF, THE CITY OF.CORPUS CHRisti# TEXAS;' • - 2# THAT THE OWNER FURTHER A(IREES THAT THERE WILL BE HO AD01- TION6 OR OTHER ENCROACHMENT; IN SAID UTILITY EAS$►IENTj AND; THAT 114; THE 'EVENT THE PRESENT IMPROVEMENTS, NAMELY,. THE -. 'GARAGE AND „ORIVEWAY, NOW'ENCROACHINQ ON SAID EASEMENT BE,,QESTROYE0 BY rtRE OR OTHER CAUSE 'OR RAMAGE,OR'OETERIORATED "dR REBUILT ?69 ANY REASON, T HAT THE .IMPROVEMENT SO REBUILT, WILL, OF MODIFIED TO THE EPF.ECT THAT HO'. - "•PORTION OF, THE IMPROVEMENT WILL PE'LN THE AREA OOCUPIEO 9Y.7HE:UT:ILITY EXECUTED THIS THE` ". DAY OP, 1962. .. JOHN, ENOLESKI, THE STATE OF TEXAS, COUNTY OF NUECE& BEFORE. Mp. THE UNO,ER3IGHEO AUTHORITY, ON TH13 DAY PERSONALLY ERSO AL - APPEARED JOM itNOLESKI,, KNOWN TO. ME' TO -BE.. THE ;.PERSON. '.WHOSE- SUBSCRIBED TO THE �F904g4,iNQ, INSTRUMENT?"AND;,ACKNOWLEDOED TO ME THAT HE EXECUTED THE SANE..P.OR`THE PURPOSES,A110`CON3104RAT10N THEREIN EXPRESSED. a GIVEN UNDER AND SEAL ,OF OFFICE THI S, THE DAY ,.,. ' OF ,. g6HAND, - - - - NOTARY PUBLIC IN AND FOR NUECE3. .. COUNTY), TExAS - CORPUS CHRISTI, TEXAS [� / I DAY OF So , j 9 _.� k 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, TE AS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER�� I, TOM R. SWANTNER �1 DR. JAMES L. BARNARD C_ , JOSE R. DELEON CL/ M. P. MA LDONADO� W. J. ROBERTS C.t JAMES H. YOUNG � a C`,{ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN'� VOTE: BEN F. MCDONA LD TOM R. SWANTNER�� DR. JAMES L. BARNARD CLe,, JOSE R. DELEON M. P. MA LOONADO CL/ W. J. ROBERTS JAMES H. YOUNG ''