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Home My WebLink About07056 ORD - 10/16/1963IMS:JKH:10 -16 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH WOLENS BROTHERS, ESTABLISHING THAT THE RIGHT OF WAY OF STARR STREET, AS SHOWN ON THE MAP OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, OF RECORD IN VOLUME A, PAGE 3 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT CHAPARRAL STREET IS AS SHOWN ON THE ATTACHED PLAT, AND THAT SAID STREETS ARE PUBLIC RIGHTS OF WAY AND PUBLIC STREETS, A COPY OF WHICH AGREEMENT IS 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. THAT THE CITY MANAGER, ACTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH WOLENS BROTHERS, OWNERS OF K. WOLENS BUILDING, ESTABLISHING THAT THE RIGHT OF WAY OF STARR STREET AS SHOWN ON THE MAP OF THE BEACH PORTION TO THE CITY OF CORPUS CHRISTI, IN VOLUME A, PAGE 3 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT CHAPARRAL STREET IS AS DESIGNATED ON THE ATTACHED PLAT, AND THAT SAID STREETS ARE PUBLIC RIGHTS OF WAY AND PUBLIC STREETS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUTLINED IN SECTION 1 HEREINABOVE 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 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED TH15 THE OAY OF OCTOBER, 1963- .-- 1/�� / / APPROVED AS LEGAL' FORM ,I IS THE CITY OF CORPUS CHRISTI, TEXAS THE DAY 0 OCTOBER 6 4� CITY AT Y 7056 Ev:16 /16/68 , THE STAU bF TEXAS' COUNTY OF NUECE3 j WHEREA A A 4URYEY' SHOWS THAT THE BUILDING LOCATED ON �QT>S 11 AND 12 it? BLDCK 6, BEACH PORTION TO TKTi.CITY OF COR06S CHRISTIj. Al SHOWN _ DY:MAP OR PLAT OF SAIA CITY-Or REOORD IN,VOLUME AA PAGE 3, OF T,HE MAP RECORDS OF f2UECE5 COUNTY, TEXAS, It SO CONPTRULTE.Q THAT A PORTION OF THE , SOUTH 'WALL OF SAID BUILDMO, ENCROACHES UPON THE AREA+%HOWN, ON PAIO MAP RECORD AS STARR STREET AND A PORTION OF THE WEST WALL OF SAID DUILDINQ. - ENCROACHES UPON THE-AREA DESIGNATED AS tRAPARRAL STREETS BOTH'OF SAID STREET$ IN THE CITY.OF CORPUS CHR16T1, TEXAS] AND WNEREAS, IT, IS THE, IN'T'ENTION, OF THE PARTIES HERETO T6 RECOGNIZE THE EXISTENCE OF STARR STREET AS PLATTEO'ON SAID PLAT, OF RECORO IN SAID VOLUME A, Not g, OF THE MAP- Rt0ROS OF NUtC1S COUNTY, TEXASg %ND CHAPA04 STREET AS IT MAX OEEN OESIQNAT €D, AND'AL84 TO PERMIT THE CGNTfRUATfOH'6F- THE EXISTENCE; OF §AID OUILbIN9, UNTIL -THE' USEFUL LIFE THEREOF HAS BEEN EX• HAUST9b -AND FURTHER, TO PROTECT Tilt CITY FROM ANY CLAIMS WHICH J41GHT ARIS9 . R- SY REASON OF SUCH ENCROACHMENT ON !H& STREET R14HT OF WAY OF SAID STREEYB; AND NOV, '[NEREFORE;' KNOW ALL VEN O1( THESE PRESENTS: Y14AT THE UND£RSIGNEb OyNERt, - FOR AND IW CONSIbERAVQK OF THE PRE-MltCS AND THE AGREEMENT ON IRE PART QF THE CITY - HtREI#AFT-i;R CONTAINED- -DO HER96Y AOREC TO -AND WITH THC CITY pF C00(fil C RISTh Ttx S, 'T14AT ,THt �RIQHT OF WAY OF SAID STREETS, AS SHOWN ON THE MAP OF THE BEACH PORTION TO- THE CITY bF CORPUS CHRISTtr OF.1iECORD 1N VOLUME A, ]'AGE 3,'4)F.TNE MAP RECORDS OF- fdUECE8 COUNTY, TEXAS, Td VHICH REFERENCE IS ,HERO MAbt ANO THE SAME MAD£ - " _ A PART HEREOF BY,l EFERENCE, iS CORRECT AND TJiAT THE FIGHT dOT WAY SAS - SHOWN ON SAID MAP AS STARR ,STREET JS A PUBLIC -RIGHT OF WAY A>CO PUBLtt SSTREETp AND CHAPAROAL STREET IS AS 09OWN ON THt PLAT 'ATTIICRED HERETO AND DATED OCTOD90 3F, THE OWNERS FURTHER AGREE AND HEREBY OBLIGATE THEMSELVES•iF, AS AND -- • .R� '� •- -. 8 ..`�' s. -i t - .•* WHEN THEY HAVE,ACQU•IRED TITLE Tb SAIb PROPERTY TO IMP6", ON THE ,PROPERTY_ ' i tT' -AS A COVENANT RUNNING WITH THE LAND THAT THEIR SUCCESSORS AND ASSIGNS,SHALL' • MAINTAIN SAID BUILDING, INSOFAR AS IT EXTENDS INTO SAID STREETS AND RIGHTS OF - WAY, SO THAT SUCH BUILDING SHALL NOT BE UNSAFE OR CONSTITUTE A- HAZARD OR Y 'bANGIFt TO THE PUBLIC USING,THE SAID PUBLIC RIGHT OF WAY AND TO INDEMNIFY AND HOLD HARMLE$S THE CITY OF CORPUS CHRISTI AGAINST ANY AND'ALL CLAIMS THAT MAY ARISE AND ANY AND ALL LIABILITY THAT NIGHT BE INCURRED BY THE CITY AS THE RESULT OF OR BECAUSE ,OF THE ENCROACHMENT Cr SAID BUILDING AND ANY AND. ` ALL PARTS,- THEREOF,INTO, ON, UNDER OR OVER ANY PORTION OF SAID PUBLIC RIGHT ` OF WAY.- 'THE CITY OF CORPUS CHRISTI DOES HEREBY AGREE TO THE CONTINUED ' USE ANR OCCUPANCY OF THE PARTS AND PORTIONS or SAID PUBLIC RIGHT OF WAY OF - SAID STREETS NOW OCCUPIED BY THE SAID BUILDING OR ANY PART THEREOF.�,{T - - - IS FURTHER AGREED THAT Tests USE OF SAID RIGHT OF WAY AREA SHALL CONTINUE ., ,UNLESS AND UNTIL SUBSTANTIAE REMODELING OR'RECONSTRUCTION OF SAID BUILDING IS UNDERTAKEN, BY'WHICH TERM 13 MEANT 50% OR MORE OF THE VALTIE OF. THE - PRESENT IMPROVEMENT§, AR UNLESS AND UNTIL SAID BUILDING BE DAMAGED 'BY FIRE -, OR OTHER DISASTER TO THE EXTENT OF 50% OF THE STRUCTURE, AND UPON THE -, OCCURRENCE OF EITHER OF SAID EVENTS A R1-GHT OF THE SAID OWNERS AND /OR - THEIR SUCCESSORS IN TITLE TO THE USE OF SAID,PORTION OF•SAID RIGHT OF WAY QF SAID STREETS SHALL CEASE ANDK.SE:OF NO FURTHEWFORCE OR EFFECT. IT IS FURTHER AGREED AND UNDERSTOOD THAT THE USE OF THE PORTION OF SAID PUBLIC - + 4 • RIGHT OF WAY OF SAID STREETS SHALL IN NO EVENT EXCEED 'TNC USE NOW BEING MADE - AS SHOWN BY THE SURVEY OF WM. W. MCCLENOON, DATED OCTOBER 4, 1963, A COPY - OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,. - WITNESS OUR IIANDS IN DUPLICATE, EITHER - COPY OF WHICH SHALL i0N; = STITUTE AN ORIGINAL, ;ON THIS THE OAY OF ' _ � 1963- WOLENS BROTHERS' Ord - ATTEST: BY ECtETARY ATTEST: CITY OF CORPUS CHRISTI By CITY SECRETARY HERBERT W. WHITNEY s APPROVED AS TO LEGAL FORM 10- 16763:- CITY MANAGER CITY ATTORNEY F- A %�U.`'%/O.C/S Ci l OJ"S – �i >nc�f'L�svr¢ and axccPLlhaf�or� ion da<de-1 10 Gfr o{ COQ, Q5 Ch,ir /., /6a W. ZD' 01207 Z —4( 4, W.10' of Gor /. 8LDC —6 3EACA-/ PO,,�T /OA[ Cozoas Cpl-isr /, IWIZcE5 TEXAS Z/VG2OA E>yM'GX/TS Z• ,F_'u: /.�ir� oVe�- f:in�orL� Lin< onto CL//i.Cii.fc'k'�L �- � i, �iiM C -✓Lt rjto/JO. -f� Lii�r onLu /Jru7c CHAFjI k' %A� 4. %je.. %d i� Ovar of fy lira crta T /,0 // A, F / A T! d /L/' S' E FU.�'.C!lSHEO ,G Y= A S S O G/ A TA S G O/V -561E 7-111 G- C d,PPUoS IJA T-4--' lo- 1 t 3 /rOm /f¢arabt Block Cor.' for /ion deeded 7`e C.,/ef \• I �• Al. C.YA PA 4e.¢AI- ti IO q 8 7 'EM e � / 2 1 3 4 5 6 L06A770V AMP NO SCALE ,BLOC,e G BLACA/ s, w. Cor Al. CAIA A 42.42 AG of LaT /?�"�� !base po,I,4 n5 .0 Lor.s Il f'/Z dedicated fr ,t/W. Coe a/ Lor - � to the cay '� o/ �orfcus CHristr'� '� 'Y, ✓o% 235 fv9, 277 O.e. a Vo% 202 Py. S ?9 02 h Dy�b V9, D.zH- i 0.54' fro' i +0.32• 25.40' aiE. K 3_Ta' 3_48•J 5(Dr.7 Qy'(al� ��• b f`� ranaN r��r 4 I o ' 3.45 /0. 9.3' a -is' o �C • 3.53 , lril O•J7' 0-38 Lor 12 Lor // ,t Go7 /O W ;o W a � - o.3e' � v yO.f3' µr ick 3 V r ZE D D ° S,Or h �= p{ 1 k?,; (0 CL DON � n� _ f5�'4 idr t N MOTE: Tic .s Frames prep ,•�y ti 3 v, + c° C,v A.n � Q Lor- IS (lDN Lor z,ti 1-07-3 r S U,P V E )I/ OF f t LOTS // anyf 12, lava and ter -calot That porfion da¢ded to tha City of CORPUS Cr elsr /, the w¢st 4l2ECO.P_D�D VOL. - ,q , 20 Feat o4 LOT Z and Me vlz!, 20 fcaE of Lor / -04 0,6. r BLocz K- BEAC,t/ PORT /O/(/, CogpzI5 Cygysr/ NuLGE s Cou.vrY, TEXAS f G i WE, MGCLL.(/DOV AND AS50C/ArL5 � ,ra6ClsrE.rz6p E4rlG4t/E64rds A4vo M�CL6NDOfVq.vpASSOC /AiES Sll,PVEYO,95, HAVE MArEA SLIVVEY GofrfSULr /,VG ICIV61AMEL -'S O4V THE 0410&4(/.0 OF 7-11E A- 0VA601&Cr Aup 4266 /STE PED 5`U4pVSYORS PR0.,cA—,;lrY A.vo W6 CEk r /f-Y 7'I/A7' Covfous Cssrlrsri, !AAA s rHLRi- APE A/O E4t1ckoAG11H/EA1r5, i i ExcEAr As SHOW4t/ f BY�Is DArE: 10-4 -63 SCAI-6 d08 No. ///6V-,2' 1 r li CORPUS CHRISTI, TEXAS DAY OF , 19_ 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 COUNCILS 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, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD ✓/ " JAMES H. YOUNG ✓ ,l' JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO // p W. J. ROBERTS J W. H. WALLACE, JR.✓ - v THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWG G VOTE: JAMES L. BARNARD •JAMES H. YOUNG JACK R. BLACKMON 1 p -- JOSE R. DELEON ✓ / M. P. MALDONADO ✓ W. J. ROBERTS / / C.4 W. H. WALLACE, JR. /