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Home My WebLink About07033 ORD - 09/25/1963AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A WRITTEN AGREEMENT WITH PROFESSIONAL CENTERS, INC., A TEXAS CORPORATION ACTING BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, ESTABLISHING THAT THE ALLEY WAY EASEMENT RUNNING BETWEEN GLAZEBROOK AND MC CALL STREETS AS SHOWN ON THE MAP OR PLAT OF BLOCK E, LINDALE PARK SUBDIVISION, SECTION NO.4, OF RECORD IN VOLUME 11, PAGE 14, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT THE ALLEY EASEMENT AS SHOWN ON SAID MAP IS AND SHALL REMAIN A PUBLIC EASEMENT FOR ALLEY WAY PURPOSES, AND THAT A BUILDING OWNED BY PROFESSIONAL CENTERS, INC., ENCROACHES, OR MAY ENCROACH, ALONG THE WEST SIDE OF SAID EASEMENT FROM 0.10 FEET AT THE SOUIMST CORNER NEAR GLAZEBROOK TO 0.03 FEET TO THE NORTHEAST CORNER OF LOT 14, SAID BLOCK AND SUBDIVISION, AND FINDING THAT SAID ENCROACHMENT DOES NOT CREATE A HAZARD OR OBSTRUCT THE PUBLIC USE OF THE SAID EASEMENT AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT PERMITTING SUCH ENCROACHMENT TO CONTINUE TO EXIST BUT PROVIDING THAT THE BUILDING SHALL BE PLACED BACK ON THE CORRECT BUILDING LINE SHOULD THE BUILDING BE REBUILT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, acting for and on be- half of the City of Corpus Christi, is hereby authorized and +' directed to execute an agreement with Professional Centers, Inc., a Texas corporation, acting through its duly authorized officers, establishing that the right of way easement for alley way purposes running in a generally north -south direction between Glazebrook and McCall Streets in Block E, Lindale Park Subdivision Section 4, as shown by map or plat thereof of record in Volume 11, Page 14, Map Records of Nueces County, Texas, being filed on April 2, 1947, is correct and establishing that the said right of way easement for alley way purposes is and shall remain a public right of way, a copy of which agreement is attached hereto and made a part hereof. SECTION 2., That a survey shows that a building owned by Professional Centers, Inc., encroaches, or may encroach, upon the., 7033 t- public alley way 0.10 feet at the southeast corner of Lot 20, said subdivision, located on Glazebrook Street, to 0.03 feet at the northeast corner of Lot 14, said subdivision, and that such encroachment is found not to create a public hazard nor to obstruct or prevent the public use of said alley way and the City Manager shall further execute an agreement permitting and authorizing such encroachment but providing that should the building be substantially remodeled or re- constructed, by which term is meant 50% or more of the value of the present improvements, or if such building should be rebuilt by reason of damage from fire, earthquake, flood, hurricane or other causes, then the owners thereof shall, if the building is rebuilt, place same upon the building line. SECTION 3. The necessity to execute the agreement as out- lined in Sections 1 and 2 hereinabove creates a public emergency and a public imperative 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 that such 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 ppssage, IT IS ACCORDINGLY PASSED AND APPROVED this 4 day of September, 1963. ATTEST: v' Mayor The City of Corpus Christi,Texas City Secre ar APPROVED AS 0 L GAL FO THIS �'5� day of 1963. n -2- 00m or #*CRg x CeSRPYA4,, a aut'vay shows that the bui:l4ipg located ou Lots Touxtoen (14) throuAh 'i vnty (24), Block Z, i4 tdetle PAtk' SUbdi - visloni Section No. 4, as xbovrn by pap or plat thereof of record 3n voluma ' 1, rage 14, Map Iteuordg of Nueces ,00mtYk Texas, being so vecoxded, on Apti1 2, 4047, 'is 00 ceonwAmted tbat A ill, portion of the east wall, of said building. 'eucroaFbes,ola tay encroach,, uP the ptit:lie right of'%vay ea$emant �b� allay Wap purposes con- necting W*x6brook and NoCall Street;* smd to the rear of said 'build - ing attd a$ attdh •alley stay easement is 6o shores, of -record; and Wi&itF a' it,is:moo of this agroMeut to r*cognixe that the .allty Way kAS;W..ent And right of way is aorregt as sP.awct b Aa�d ZIP eeazd rind to futthei: psrdt the coutinutd existence' of the building," an3 'WUEVXi3, this ancorAChxfAnc is ftfinitesb ally z:Luor_ and does not constitute xty hak4rd td the p•,'tbltc, AOT, , d004' it 14 aoy way obsti'uet or Pteve -At 'the use of t*te alley way by the public, aad' V.1 mI.M & s, tha parties hdreto intend t# -06=11.0 the Cont'UM14- cicn of the Asti rt"rart- a xtf s &icy building mtii euxd unless the bul'Idju$ should �e reauil.t;. ' 4nd tp 1+rojoct the Gitl frown AVY, claims which €4aht,stl.ea ixy,Msoaaox% of iucb, eucroac t ran the', J. OI. ALL tai BY '. 5131 1'`ii EST's rSt InIst Progausional Caters, lrc,b - Acting by sn4 through its,'� duly mithatitod officers, for AIXd in cnrtsiditrtticn of tbQ ,Premisds &ud the aaree�iont on the part of the City her*+insftav 40utidtcd, - .' .. , .., o - ' . a r. :. _ • gyp' � •� , .,. �' , hersbjrr aka o to Aha with the Oitg of dor)p Christi,- .TdrMo M tuit 'tho PuSUO - 6w ;mAt MA4 right df y for itjloy way puzposos` " ds shown of r4cor4 3sc voltazo U, *- l #zd 14, Map lzocorda of Nutco4 COW %ty# 'Terms; COVmactins -G atc3 aaC xtd OcCal 1 atre$tmr, Alc►ck l,inOIA Park. Subdi•vi sion,, Sectrim 4:r la oorreat and that said ubilc elssent and right dt -�ar %x imaj oair 2'.aesc la alzkdd shall xftai m. allay. That ftogepo c "i cout�ets, XuOs - -ant, its uoCd dt�ra and a$Stp � fti title shah ' �intai+� .tha buitdin,S �ocat4d . 04 Lets 14 clock t, iold 14% dale Park Subdivsipn, - 4Gctim_ •4, i•nso4r ass ivch bulldiaL aatonO i1st or upuze i s said . p blia das2 nt sFi~that suth buliding shall not'be a b4zaid..ox ' a Zwe to the polio nor ati 6bot;ruetian to the ?public in using this f ' laid *l.ls;4. tray# 'AA4 des. fisrtbar' iu&--;xiUy and -hold hap4eae tk %* City, of Corprie. Chtisti agaiuet *ny �d All cia#s th4t may arisaa *ad Arty acid xt,li.'lioblU y �thAt'might be iucvrrcd by the City v�E CQ?rpus Mvioti as At di=rect k4sul.t of tba'arwv4ar.'bmaUt 6t'.said 'i lciin$ -and Oiy nr_ all part ! t�av eof Otto or uAdet or tear as+g pottitu of aai.d All=ay Vey. '. 'City,.bf Carpus, Christi` dims ha". by Ag,raee , psi•. thm COAO UO . vete and ocectpangy of that pattiaa, of thsr ,said alley way mm� creoupied by" the .xatA building or apy p*rt .ttgveog boixio establi al-ed by survey ao approci tely 0.10 feet iat tht southeast corner of mad suWivisim", 'i "x G ;40oi 'Streat, dud 0.93 Seat taf 4 ' than uazGtssaat `corriir kg 14 14' � 444 duiadivtsich, war iiecall, Street, ' l 'is iuxCli i' adthdirtfiv, Li e .iii 'acid aacnsmt al lay'a,3}r Shall clon Amlessa auo,, until' acid bulldtng be rabui.lt;. 64 subo=nti Ily - i ieladl.ov rdad:eatruated,- by whiiGhr tm= i.s' *; 50% car bra of t?�e rttlVa tip . present i "rixc°�sr ntaa or unlms3 Aeotro "d to tue ertenc o X411 sands 3ebta3 it atzxs� upset . ncCSixTeffr�ra of neither of Said ovontol the r4,jht of aa[Ld ProfeusiotAl. Cencorn, :jac,-,, aAd its succesibxa and assips, in, title; to. the ass• of esid •porttoa of.. ,said alley riliat cif_ yay. Phali- ogas* And be of no - further ozca 67r- ie$%ret� It U further rceesi atd 031derstood that tho ,.- .. - Ais a _bi` the portion of said* public ri&t pf �Va f and 648,6at of . sa►3d a�lsjr $hall ita'x10 event, exceed tho rise now bo*Pg v►da As, shown b,,jr,thc surety pf. dat6d Soptftbar 19, . 1163, rsod d,ia4auAiod ,iah no. 1Q}41� ,' �,aapy� ca ' iahich is *ttioh d to', the oa�3 sue 4 thia Ar' i! sera '•b-d. &erieia t" part hereof. iii �s bua '!#A, DS in dupliotd on this tha dayr bf toptamb -or, i963� Its Duly AUthOrUed Officer See; e'ttl »Troa$Uror _ A 'i° 32; • -;. - - ' • - . .1tC�i�i3zt ii:. �'hitxs.:�, C4.ty` �fa�riagsr - .ty sccxet#xy �. Apmvfa As -'" rb� THIS y [ MY OF aty Aw�ymet, ; WQRj NZ, the undersigrta4 *4jhar$ty, `px! this, djy pdramally . - o zce asaSo�t 2 ezrtez #; 'Iii., kaq "P:i' Q.t;ss to bee t►e vorabra.'i3iliraa Uama is subagitbed to the# aftrrby ct xa .'dn tac z ae� An4 sLanovitdoe4 to rA thAt bt OX64utod•thb, sme loo the - p 4osia And diflaeider4tWi& tkaeseeis� sxanssd,' scud in.spakol t tht.ita OtAtsd, cxm.mm HY Umm ANt 41A. W OFFIC of." GouAtyr TaeiAv- , - STATE or #IEFO:tE Mt, the MagraitWed sit *.' pt tq, on this t%y rsanal,ly . appoared Herbert W. Whita ty, City,KUA31 ir'or the City, of corpus, 'Christ, Una:m to ma to bd� tbG yetcon V:+Ose nt4e Is 00ttortb sd to L rore&oina iMtS-trAMt And aoisr►oRalaciuce+i ito me -that lie exteuted the m for. the a o�»a a it coasidiration tbore n tapradead, and _ 0 4 eapacisy �stwi� gtatesti and. as ths+ 4+«t and da�ad of a4�,d City. G.EVEiI MER ?! i3M AM 8 %L OF, 01';8 P, taiA day Of 00tary ?ubiia in And for was . N. � •CY. wt 4 - - CORPUS CHRISTI, TEXAS DAY OF 411--19L-1 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, .i MAYOR ` 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. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. -