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Home My WebLink About07176 ORD - 03/11/1964AN ORDINANCE AMENDING ORDINANCE NO. 716 v PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH, 1964, SO AS TO AUTHORIZE THE EXECUTION BY THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, OF AN AGREEMENT WITH GREATER CORPUS ENTERPRISES, INC., IN LIEU OF AND INSTEAD OF THE AGREE- MENT WITH JOE BARSHOP, AUTHORIZED TO BE EXECUTED IN SAID ORDINANCE NO. 7169, A COPY OF WHICH NEW AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, BY ORDINANCE No. 7169, THE CITY MANAGER WAS AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH JOE BARSHOP CONCERNING THE PROPERTY LOCATED IN WATER BLOCK 6 (REVISED) AND BLOCK 5, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, WHICH PROPERTY HAS VESTED TITLE IN GREATER CORPUS ENTERPRISES, INC., RATHER THAN IN JOE BARSHOP; AND WHEREAS, IT IS NECESSARY TO RECOGNIZE THE EXISTENCE OF AN OUTSTAND- ING MORTGAGE AND DEED OF TRUST IN FAVOR OF FARM AND HOME SAVINGS ASSOCIATION: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. ORDINANCE No. 7169, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 4, 1964, IS HEREBY AMENDED SO AS TO AUTHORIZE THE EXECUTION BY THE CITY MANAGER, IN LIEU OF THE AGREEMENT INCORPORATED IN SAID ORDINANCE No. 7169, AN AGREEMENT WITH GREATER CORPUS ENTERPRISES, INC., A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, CONCERNING THE SAME PROPERTY DESCRIBED IN SAID ORDINANCE No. 7169 AND RECOGNIZING THE EXISTENCE OF AN OUTSTANDING MORTGAGE AND DEED OF TRUST IN FAVOR OF FARM AND HOME SAV- INGS ASSOCIATION. SECTION 2. THE NECESSITY FOR CORRECTION OF SAID ORDINANCE BY THE AMENDMENT AS HEREINABOVE PROVIDED 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 e 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, AND HAVING REQUESTED THATSUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON 7176 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 MARCH, 1964. ATTEST: / % THE CITY OF CORPUS CHRISTI, TEXAS CI Y SECRETAVOLEGAL / APPROVED AS FORM THIS ___Z _l DAY OF MARCH, 1964: i CITY ATTORNEY THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESEN'TS1 COUNTY OF NUECES G ) Greater Corpus Enterprises, Inc., in consideration of the : agreement of the City of Corpus Christi to deliver a Quitclaim Deed to the 20-foot alley extending in a northerly and southerly direction •` through Water Block b (Revised) in the City of Corpus Christi, Nuecas County, Texas, and the delay by Greater Corpus Enterprises, Inge, of <"the removal, of encroachments and improvement of the street abutting said'Water_Block 6 (Revised) does hereby agree with the City that on ? .,',or before the expiration of two,(2) years from the date hereof, the i encroachments now located in the right of way of eater Street and the' �;,• 20 feet which was formerly a part of lot 4 and the North 10 feet of S •Lot 3, Water Block 6 (Revised), in the City of Corpus Christi, Nueces' County, Texas, shall be removed, and to place street improvements "in -keeping with the street improvements now located in Water Street, �'•% r abutting other property of the owners of said Water Block 6(Revised)o y't" } " } • including installation of curbs,;' gutters, 's0ewalka and' pavement in, ` . ., "'t,line with;•such other improvements in said Water Block 6 (Revised)' $ and to execute and deliver proper conveyance to the City of 20 feet of said Water Block 6 (Revised), subject,however,to mortgage presently., "',_., held by Pam & Home Savings Association, upon which said encroachments now exist so as,to conform the entire West line of said Water Block 6':•'''. •,' (Revised) of Water Street and make the said Water Street abutting said', " -.', j Water Block 6 (Revised) uniform in improvements and curb line and - grade of pavement and sidewalk area, all of which removal of encroach - menta and installation of street improvements shall be at the sole expense of the said Greater Corpus Enterprises, Inc. There is, however, reserved to acid Greater-Corpus Enterprises, Inc., the right to install an aerial passageway at the location of the present aerial passageway, said new passageway to be without any poets or other su ' pportirg' 'structurea' within the Water Street right of way as widened by the addition of the 20 -feet hereinabove mentioned, said *w passageway to, betof, a'aantilever, or other type supported outside °of the right of way of•Watir 5traetsao:`.; widened. ' It is Turther agreed that in the event the building now ' - located on Lot 4 of said Water Block 6(Revised) in the City of Corpus i Christi be razed before the expiration of said -two -year period that. said encroachments in said Water Street shall be removed and said improvements will be carried out at the time of said removal of sad building. ; For and inconsideration of the premises, said Greater Corpus Enterprises,' Inc., hereby warrants to the City of Corpus Christi'that it ". is the owner'of,said Lots 1, 2, 3, 11 and 12, in Block 50 Beach Addition ' to the City,'oP;.Corpus'•Christi, Nuaoes County +,Texas, and to the West 95-,' feet of Lot #if and .the, adjoining 4Iest 95 feet of the North 10 feet of '— •..1ot 3, in Water Block 6 (Revised) in the City of ;'Corpus Christi, Nue'cas s•. County, "Texat and agrees to warrant and defend said'title' for -the benefit'of this City of Corpus Christi and the covenants herein contained which•'it is1hereby agreed shallba considered as covenants running with } sa EXECUTED thin the 5th day of March, 19640 "duplicate; each 'of 'which••'ahuL1' constitute an original-6 GREATER CORPUS ENTERPRISES;'INO : t ATTEST =;' gy:��Q44 ti;° • '. `' s L M. Bars p, ae- res dent M tae Schwartamary 5eoretary " CITY OF CORPUS CHRISTI, TEXAS r`' ATTESTS` " By Herbert W. Whitney* C ty, anger, City Secretary 't "� t=,; r• " q;'. APPROVED AS TO LEGAL FORM THIS DAY OF MARCH; 1964: I. city � Vin. •_ s .k. i "Si. •''' �i`�'•LK = _ . d , °e THE STATE OF TEXAS $■x COUNTY OF BEXAR . Q BEFORE ME, the undersigned authority, on this day personally appeared PHILIP M. BARSHOP, Vice - President of Greater Corpus Enterprises, Inc., known to me to be the person and officer whose name is subscribed , ' ,,.,_to the foregoing instrument, and acknowledged to me that he executed the purposes and consideration therein express the same for,.,, ed, and in the capacity' therein stated as the act and deed of Greater Corpus E t 01 • � •,,, •� �, • OxVENr,►JNDER MY BAND AND SEAL Or OFFICE, this the 51�4 day of , o $r March, 19W+.'1•'3''F ;;,c• .' ^fiLtw✓ •yl'd�j a.+a l' +�'�''?.;`',t,�+ai. �'' +:,' ; e f, `'' ,r,w•�`f. -;x; . ,. ,., ,' �: .nr ' a.`• of o� exar u j Texas GE{ R.,IA ANN K?dIGHT ,- ry'''F{ • s Notary PuLlic, Bacr County, Tcxad'`., "a ";,, ,'. ,•, • o�• j , •t , .ilt('r ' rr. r :. THE, STATE OF TEXAS COUNTY OF; NUECES • t BEFORE ME,,the undersigned authority, on this.day personally appeared HERBERT W: WHITNEY, City Manager of the,City +of Corpus Christi, ^' << Texas, known to me to be the person'whose name is subscribed to the foregoing inats`ument and acknowledged to me that he executed the same , for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said Cityi GIVEN UNDER MY HAND AND SEAL OF OFF=ICE, this the, day of ; 19641,i ". p March;; ,�, _•tie ,.,,�: z ., ., ;�_.`• . ., .. ' .. • ',•,F •; :. Notary Pu c, ecea County, exas e;'? •x� :'.> rr� II ••, w'A. ,1,�+ijj 11 CORPUS CHRISTI' TEXAS DAY OF�, 194 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 R THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES 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 FOLLOWING VOTES JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JDSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.