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Home My WebLink About06863 ORD - 04/10/1963JKH :4 -3 -63 AN ORDINANCE 4 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ENCROACHMENT AGREEMENT WITH HARVIE BRANSCOMB, JR. WHEREBY THE CITY AGREES TO PERMIT THE OVERHANGING EAVES OF THE DWELLING LOCATED ON LOT D -1, TANGLEWOOD ADDITION, TO REMAIN AT THEIR PRESENT LOCATION AS AN ENCROACHMENT ON THE UTILITY EASEMENT IN SAID LOT D -1, TANGLEWOOD ADDITION, Ov /NED 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, HARVIE BRANSCOMB, JR. IS THE OWNER IN FEE SIMPLE OF LOT D -1, TANGLEWOOD ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THERE 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 DWELLING ON SAID LOT ENCROACHES TO THE EXTENT OF APPROXIMATELY FOUR FEET; AND WHEREAS, THE SAID HARVIE BRANSCOMB, JR. 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 ENCROACHMENT ON SAID UTILITY EASEMENT; AND WHEREAS, THE EASEMENT WILL NOT AFFECT CITY UTILITIES: NO; /, 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 15 HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE AN ENCROACHMENT AGREEMENT WITH HARVIE BRANSCOMB, JR., SAID CITY PRESENTLY OCCUPYING A UTILITY EASEMENT ON LOT D -1, TANGLEWOOD ADDITION, WHEREBY SAID HARVIE BRANSCOMB, JR. IS PERMITTED TO LEAVE THE AFOREMENTIONED ENCROACHMENTS TO REMAIN AT THEIR PRESENT LOCATION ON SAID UTILITY EASE- MENT, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 6863 -3 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, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF APRIL, 1963. %c ATTEST: g' "OR CIT SECRET-RY APPRO ED AS TO LEGAL FORM THI/ DAY OF APRIL, 1963: CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS EXCHANGE OF UTILITY EAST ENTS WHEREAS, the City of Corpus Christi is the owner of a utility easement situated on the Following described pr'operay. Lot D -1. of Tang1ewoo4 A_ ttioa to the City of Corpus Christi, Texas, as further shown on plat entitled "Resubdivis on of Lots C, D, E, and F, Tang1ewood, a Subdivision of the City of Corpus Christi, Nueees_County, Texas" which is filed in Volume 20 at page 26 of the Map Records of Nuecea County, Texas•, WHEREAS, said utility easement is ten (10) 2eet in width, is parallel with the northwestern boundary line of said . lot, and is so situated so that there is a strip of land ten (10) feet in width between the northwest boundary line of said utility easement and the northwest boundary line of said Lot 0 -1, as is £urther_shown on map or plat attached hereto and hereby made a part hereof, such strip beings referred to herein and on said plat as the -" l.G'_ Deserve Strip"; and wirt Au, no utilities are located in the above de- scribed 10 foot 'utility easement on Lot D -1, but there is an eight inch sanitary sewer and a six inch water line located within said reserve strip; VOW, TREREVORL, In consideration of t to the City of Corpus Christi by Harvie Branscomb, Jr:, and his wife Mazy Je hranscomb of utility easement hereinafter described, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the City of Corpus Christi, acting by and through its duly authorized. C3tgr Manager, he; eby grants and conveys to Hartle Branaromb, Jr., aii of its right, ,title and interest in and to the .above described ten at utility easement, which utility easement is hereby released, closed and terminated, To have and to told the same uata HarVia Branaeomb, .Try, his 1�sire ;aa forever, without warranty of title, expressed or implied; E., intent . conveyance baing to terminate In' consideration of the foregoing conveyance from the City of Corpus Christi, amigo Branetowb, Jr., 'joined by hie wig, Mary Jo Branscout, hereby' grants, aeilo and conveys to the City of Corpus Christi, _a wunieipal corporation, an aasementz ten feet in width, bounded on the northwest by the northwest boundary line of said List D-1, bounded on the south- east by a :line parallel with and at ailpoines ten foot distant from the northwest bound az tin of said Lot D =1, bounded on the northeast and on the OLithwest by the northeast and south- eat itcondatil limo cif saki Lot D -l1 respectively, and being" iacated at the same lot as the210' reserve strip referred to above; For the purpose .o constructing, "installing, maintaining operating, repairing and servicing the existing sanitary sewer and water lines situated within said strip of land; together With ouch additi.onal ". sanitary sewer, water and gas pipes or lines as the City of Corpus Christi shall deem appropriate try install therein; To have, and to hold the saw `*alto the City of Corpus Christi, its successors and assigns, tto long as used for such =poses. Uarv'.ie Brauac b, Jr. eaprnaa1y retains the right granted by .the City of Corpus Christi the fright to permit he �roo#a and, eaves o any structures- which war be :constructed adjacent to-and-southeast off, said easement to extend over said: easement for a distance of not over four (4) feet. various our signatures on this the .day of Nay, 1.963. CLTr OF CORMS CRRZSTi B ATTEST' STATi.:. ' MAS coin; or limas City Eger: Barrie Branscumh Jr. ,. Nary Jo 13raru3corab BEFORE A1'E, the undersigned authority, . on this day gersoti ally appeared HA1 VIE BRANSC0NB,` JR.., and wife, MARY- JO BRANSCON% „_ both known to re to be the - persons wiase names are suhscribed to the foregoing instrument, and acknowledged to wo that they each executed the same for the purposes and consideration therein expressed, and the said MY 30 BSANSCOMB, . having been examined by we privily and apart from her husband and having the saw • fully explained to her, she, the said ;MARY .10 BRANSCONS, acknowledged; such instrument to be her act and deed, and declared that the had willingly' signed the same for the purposes and don- ' sicleration therein; expressed, and that she did not wish to ,retract it. GIVEN MEN NY ,WIAND Atim SEAL OF OFFICE,' this of Nay,. 1963. Notary Public in and for Nueces County, <TEXAS .3. 8 "San. 5e rver - Z " ids (1/4/q) 6 " 14/..P/c, us Z7 '�,BSerdB�j�wi _a O - _ - - - - -- ZO ,toad "6aerear 8'5a/7 Sewer- 6" / /cr .5-8/7. Se ,y er- Ya T,s'/v c,G�kv Z 0 p_/ .Easemerr/s f Gi'i /i /ies /O— /8 -6e P/&,7 /mac/ /0' 11 ,,V; L /%1 fiov/vo,9,e I CORPUS CHRISTI, TEXAS /411RAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 19 ej 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YouNG JACK R. BLACKMON JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.