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Home My WebLink About06798 ORD - 01/30/1963IMS:JKH:1 -28 -63 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN EASEMENT GRANTING TO WYLIE F. L. TUTTLE THE RIGHT TO CROSS THE CITY'S STORM SEWER EASEMENT EXISTING BETWEEN PARCEL "A" AND PARCEL "B" OF PARKDALE CENTER AND TO IMPROVE SUCH CROSSING BY PAVING SUCH CROSSING; FORBIDDING THE CONSTRUCTION OF BUILDINGS ON SAID CITY'S STORM SEWER EASEMENT; PROVIDING INDEMNITY CLAUSE IN FAVOR OF THE CITY, AND CONTAINING OTHER PROVISIONS USUAL TO EASEMENTS, ALL AS SET FORTH IN THE EASEMENT AGREEMENT, A COPY OF WHICH 15 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. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN EASEMENT GRANTING TO WYLIE F. L. TUTTLE THE RIGHT TO CROSS,THE CITY'S STORM SEWER EASEMENT EXISTING BETWEEN PARCEL 'A" AND PARCEL "B" OF PARKDALE CENTER IN THE CITY OF CORPUS CHRISTI, AND SETTING FORTH THE CONDITIONS AND TERMS, ALL AS SET FORTH IN THE EASEMENT GRANT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID EASEMENT GRANT AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC 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 ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED THIS THE ATTEST, DAY OF yebx7a.47...uq , 1963. CITY ECRETARY APPROVED AS TO LEGAL FORM _DAY OF CITY ATTORNEY THIS ,1963: inLb MAYOR THE CITY OF CORPUS CH• 1, TEXAS 6 798 CITY OF CORPUS CHRISTI CORPUS CXR16n..TEXAB IY 1 nov .b*' W63 Se vey -trwAl ax Company F s $1etm- 4C$ c" venue Houston 6, Texas AITHWIIONs 14r. J L ?ne.i, '&a�4cE Via% 7 ante Pima& ^ . moc B Oen T Q Mrticb 3:a', s ;ka ittad for a relievioz platform owe etwiA aever no,: in ti,e t aAe1.0Ct.13Y'.aar ditc1a west o: Stages Street ere tsereey eplxiv':ea3 lay t se City of ear '-G CtrAiti . Uudef tie terse a tU' City's agreement with the owners o i?ar[cdale Nam, inu are nom aut= clri :ad to proceed mitt) this con. &traction mud ' t: tie uae of the CiWe drelt ew r e,ht Of wad' for Varacitigs drl iesi, os. ce mits: tor asppxc• esi plot The construction +a tJ - =a platfwa rsiii 1.cdpected 140-the a i- 'ocarj y a72vi®lua. Pzaeee ce that we are !Opt ?oI+i notified in Vance of an$ wu Si. culc:J,:v Very tru . J ti1N,V Director n1 PUba.ic or col Mew Comer plAter HAIM J. g. Strgog T. RsY Kxi rmhis should be attached to the City's copy of the agreement. ....lb 1 /a8 /63 (6) THE STATE OF TEXAS COUNTY OF NUECES THAT WHEREAS, WYLIE F. L. TUTTLE is the owner of two par- cels of land situated in the City of Corpus Christi, Nueces County. Texas: one such parcel being described as the 31.87-acre tract known as Parkdale Center. slhown of record as "Block A' by plat recorded in Vol. 19, page 49 of the Map Records of Nueces County, Texas. to which reference is here made; the other such parcel being originally a 12.41. -acre tract of land shown on the same plat and being identified on such plat as the "Marks, Marks, Katz & Weisman Tract ", from which parcel, one acre of land has heretofore been conveyed off the southwest end .thereof for the establishment of the Parkdale Plaza Branch Public Library, the remaining 1h41;acres being sometimes referred to as —, the Parkdale Center "Block B "; and WHEREAS, the CITY •OF CORPUS CHRISTI, TEXAS is the owner of a tract of land sixty feet wide separating the two parcels of land owned by the said Wylie F. L. Tuttle, which parcel of land was a part of Lots 7 and 11, Sec- tion A of the Paisley Subdivision of the Hoffman Tract. Nueces County, Texas, and was more particularly described in the deed from :Franc -G. French, et al to the City oi Corpus Christi, dated November 9, 1949 and recorded in Vol. 448. at page 28 of the Deed Records of Nueces County, Texas, to which deed reference is here made for a more particular and exact description of such land. such City - owned tract also being identified on the map or plat of Parkdale Center. recorded in Vol. 19, page 49 of the Map Records of Nueces County, Texas as the City of Corpus Christi "drainage easement "; and WHEREAS, the City of Corpus Christi has heretofore constructed within the limits of such sixty -foot tract of land a concrete box drainage struc- ture; and WHEREAS, the said Wylie F. L. Tuttle desires an easement from the City 'o£ Corpus Christi, Texas over such sixty -foot tract of land from South Staples Street, In a southwesterly direction, to the southwest boundary line of the 11.41 acres tract owned by him, so as to create free access way TO HAVE AND TO HOLD *II and singular the rights and privileges aforesaid to him, the said 'Wylie E. L. Tuttle. his heirs and asslgus, to their proper; use, PROVIDED,' HOWEVER. this grant shall be limited as follows: 1. The said Wylie L: Tuttle. hie heirs and assigns. "shall at all times keep said premises free and clear of debris and obnoxious weeds and grasses. 2. Neither the said 9, ylie F. L. Tuttle, or his heirs or assigns. obeli fill in any portion of such Land, or performs any construction thereon, or construct any foot bridges *r vehicular bridges across such land, or make any use of such land whatsoever without first having complied with any and all re- quirements established by the City of Corpus Christi for the protection and pre- servetion of the, concrete storm sewer situated upon such property. or any re- , placement thereof. 3. Said 'Wylie . i.. Tuttle, for himself, his heirs and assigns, agrees to indemnify the City of Corpus Christi and hold the gamed free and h leas from any and all damages of any nature whatsoever by reason of the G'Y grant of this easement, or the grantee's'uee of the premises. EXECUTED THIS THE day of January, 1963. ATTEST: City - decretary Approved as to Legal Forty, City Attorney CITY f)F'CORFUS C t3y Ctty.11tanager TI, TEXAS STATE OF TEXAS 4, COUNTY OF NUECf:S BEFORE ME, the undersigned authority, on this day personally appeared Herbert W. Whitney, known to me to be the person whose name is sub - scribed to the foregoing instrument as City Manager of the City of Corpus Christi. Texas, and acknoeledged to me that he executed the same as the set and deed of said City and under the seal thereof, and in his official capacity as stated for the purposes and consideration therein expressed. day o GIVEN UNDER MY HAND AND SEAL OF OFFICE. this the anuary. 1963. Notary Public, Metes County. exas CORPUS CHRISTI, TEXAS DAY OF /224,t_, 19.43 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; 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 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 VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JosE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG • • ORDINANCE NO. 01% ih-A, 1943 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN EASEMENT GRANTING TO WYLIE F.L.TUTTLE THE RIGHT TO CROSS THE CITY'S STORM SEWER EASEMENT EXISTING BETWEEN PARCEL "A" AND PARCEL "B" OF PARKDALE CENTER AND TO IMPROVE SUCH CROSSING BY PAVING SUCH CROSSING; FORBIDDING THE CONSTRUC- TION OF BUILDINGS ON SAID CITY'S STORM SEWER EASEMENT; PROVIDING INDEMNITY CLAUSE IN FAVOR OF THE CITY, AND CON- TAINING OTHER PROVISIONS USUAL TO EASE- MENTS, ALL AS SET FORTH IN THE EASEMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. CITY OF CORPUS CHRISTI LEGAL DEPARTMENT