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Home My WebLink About07037 ORD - 10/02/1963I MS: 10 /1/63 "N AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO DURHAM BUSINESS COLLEGES TO USE FIVE AUTO PARKING SPACES ON THE EAST 50 FEET OF LOT 1, BLOCK 2, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI IS THE OWNER OF THE EAST 50 FEET OF LOT 1, BLOCK 2, BEACH PORTION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THE SANITARY SEWER LIFT STATION FORMERLY OPERATED ON SAID PROPERTY IS NOT NOW IN OPERATION AND THE AREA IS NOT AT THIS TIME IN USE FOR CITY PURPOSES; AND WHEREAS, THE CITY HAS AN OFFER TO USE THE SAID PROPERTY AT A FAIR CONSIDERATION AND DESIRES TO ACCEPT SUCH OFFER: 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 A REVOCABLE EASEMENT GRANTING TO DURHAM BUSINESS COLLEGES THE USE OF THE EAST 50 FEET OF LOT 1, BLOCK 2, BEACH PORTION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR FIVE AUTO PARKING SPACES, ALL IN ACCORDANCE WITH THE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OFITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE oZJ DAY OF OCTOBER, 1963. J7 /�/ "' THE CITY OF CORPUS CHRISTI, TEXAS. ATTEST: (9iC.Wwo/ CITY SECRETARY VO APPROVED AS TO LEGAL FORM THIS _ DAY OF OCTOBER, 1963: CITY ATTORN'E 'REVOCABLE EASEMENT THE STATE OF-TEXAS KNOW ALL MEN' BY THESE PRESENTS:- , :COUNTY 'OF NUECES _ THAT THE CITY OF CORPUS CHRISTI$ TEMS p ACTING BY AND THROV;QH " ITS, DULY AUTHOR IZrO 0 TY MANApER$ HERlIERT,.W ♦:, NHiTNEY� FOR .AND' iH CON §IOERA ?' *ION OF .THE MONTHLY RENTAL OF TEN DOLLAR:: ( #10.00 } ,PAYABLE MONTHLY IM - _ ADYANCE$ 'THE PAYMCNT -OF THE FIRST MOUTH WHICH '13 HEREBY ACANOWLEDOED AND CONFESSEbj.FOR TH6 RENT•PAYABLE FOR, THE MONTH OF OCiO'i6 1y63$ THE CITY3.'' bOES 'HEREBY PERMIT AND AUTHOIIIZE THE USE, BY THE GRANTEE OP"FIVE �� AUTO-; ' M00 LE.pARHINR`'$#ACEO SITUATED ON THE PROPERTY OWNEDtBY THC CITY OM.THE --t -' ` -r EAST 5O FEET OF,LOT 1, BLOCK, 9$ BEACH PORTION�O� THE CITY OF CORP0I9 CHkISti" ' NUECES COUNTY/ TE %AS. Frn .c' .a`'' ks, THIS EASEMENT SHALL CONTINUE 'FROM MONTH TO MONTH 'AT A MONTHLY. `r ' RENTAL OF TEN 'DOLLARS ($10.00)$ PAYABLC IN ADVANCE ON- ;OR= BFORE,THB 1OTH•, - -DAY OF EACH XONTH BUT THI$,EASEMEMT MAY_BE+TERMINATED BY EiTttER PARTY BY. ..., ' - THE,GIVIN4 OF 30- DAY3,WRITTEN NOT -ICE TO THE OPPQ31TE'PARTY. THAT.-THE GRANTEE, W144 SAVE AND XEEP•HARMLESS, THE CITY OF COP,PUi- • CHRISTI FROM .ANY- AND ALL - CLAIM; FOR LIABILITY 'BY REASON OF THE.' IMPROVE• MENTS$ USE OF AND MAINTCNANGE OF' SAID PARKING LOT AREAL•` '• „ ' TOP VSE BY THE - GRANTEE SHALL BE LIMITED TO THC PARKING OF AUTO- MOBILES AND MOTOR VEHICLES IN ACCORDANCE WITH THE HID PROPOSAL OF GRANTEE - - - - HERETOFORE FILED WITH TAE CITY. IN TESTIMONY REOF$ THE CITY OF CORPUS ,CHR1STI$ TEXAS, HAII CAUSED THESE PRESENTS, TO BE EXECUTED THIS THE. - DI1Y Of OCTOBER/ 1963.' . C 11 OF .CORPUS tWIST1,, TEXAS - 'ATTEST:. BY' . - • HERBERT W. WHITNEY. - - • - .CITY MANAGER CITY SECRETARY, APPROVED- A$ TO LEGAL -FORM THIS T"E' •' DAY, -OF OCTOBER, 1963= CITY. ATTORNEY THE STATE OF TEXAS _ COUNTY OF NUECES �` x BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED' HERBERT W. WHITNEY, KNOWN J0 ME TD BE THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,, TOPS, AND THE SAME PERSON WHO SIGNED THE FOREGOING ` INSTRUMENT AND ACKNOWLEDGED TO IIE THAT HE EXECUTED THE SAME AS THE ACT , -- OF THE CITY OF CORPUS•CHRISTi, TEXAS, AND AS CITY MANAGER THEREOF, FOR THE • PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED., - GIVEN UNDER MY HAND AND SEAL OF OFFICEP THUS THE a -DAY OF d OCTOBER, 1963• - - . •- NOTARY PUBLIC IIf AND FOR NUECES COUNTY, _ ' -_ •- - -` '. TEXAS _ _ .• t Via- - •THE ABOVE GRANT -AND EASEMENT IS• HEREBY ACCEPTED THIS THE - ' DAY OF OCTOBER, 19631 BY DURHAM; BUSINESS COLLEGES AND SAID ORGANIZATIOW -- AGREES. TO ,KEEP AND PERAR'N'THt CONDITIONS IMPOSED BY SAID GRANT AND - EASEMENT AND THAT !T-,'IS BOUND SY.ALL OF JTHE TERMS OF 'f HE SAME. DURHAM BUSINESS COLLEGES ; g •. f ATTEST: b r BY ` SECRETARY THE STATE OF TEXAS COUNTY OF NUECES ry BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY" - - APPEARED a KNOWN TO ME TO BE - THE PERSON WHO SIGNED THE ABOVE INSTRUMENT AND HE ACKNOWLEDGED TO ME-THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, _ - - AND IN THE CAPACITY THEREIN STATED. '' • - GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF' OCTOBER, 1963- • --- - NOTARY-PUBLIC IN AND FOR NUECES COUNTY, - • _ - -- TEXAS _ - s CORPUS CHRISTI, 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 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, YOR 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 FOLLOW G VOTE: JAMES L. BARNARD owl JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.