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Home My WebLink About07363 ORD - 09/30/1964-._n IMS:JKH:9- 24 -64. AN ORDINANCE AMENDING ORDINANCE NO. 6651, DATED SEPTEMBER 26, 1962, RELATING TO THE GRANTING TO INCARNATE WORD ACADEMY OF A REVOCABLE EASEMENT FOR USE OF A POR- TION OF A SIDEWALK AREA ON THE SOUTHWEST SIDE OF AUSTIN STREET, BY CORRECTING THE DESCRIPTION OF THE AREA TO WHICH SAID EASEMENT IS APPLICABLE, A COPY OF WHICH CORRECTION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL, BY ORDINANCE DATED SEPTEMBER 26, 196 ?, AUTHORIZED THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENT FOR USE OF A PORTION OF A SIDEWALK AREA ON THE SOUTHWEST SIDE OF AUSTIN STREET BETWEEN HARRISON AND CHAMBERLAIN STREETS FOR A DISTANCE OF 200 FEET; AND WHEREAS, SAID ORDINANCE No. 6651, BY ERROR OR MISTAKE, IN SECTION 1 THEREOF RECITED, "A REVOCABLE EASEMENT AUTHORIZING THE EXTEND- ING OF THE PARKING LOT AREA ADJACENT TO THE SOUTHWEST SIDE OF AUSTIN STREET EXTENDING 200 FEET SOUTHERLY FROM THE RIGHT OF WAY OF CHAMBERLAIN STREET FOR USE IN CONNECTION WITH AND AS A PART OF SAID PARKING LOT,"; AND WHEREAS, THE ABOVE DESCRIPTION WOULD PLACE THE EASEMENT ON PROPERTY OTHER THAN THAT BELONGING TO THE APPLICANT HEREIN AND A CON- SIDERABLE DISTANCE FROM THE ACTUAL PROPERTY IN QUESTION; AND WHEREAS, SAID EASEMENT, AS GRANTED, COVERS THE 200 FEET AP- PROACHING AUSTIN AND CHAMBERLAIN STREETS AND IS ON THE OPPOSITE END OF THE PROPERTY WHERE THE PARKING LOT WAS INSTALLED, THE SAME BEING INSTALLED FROM THE CORNERS OF HARRISON AND AUSTIN STREETS, AND EXTENDING SOUTHERLY 200 FEET, AND THE FOLLOWING DESCRIPTION IS A PROPER DESCRIPTION TO COVER THE PARKING LOT AREA AS WAS APPLIED FOR IN THE ORIGINAL APPLICATION, AND SAID REQUESTED DESCRIPTION BEING AS FOLLOWS: ALL OF THAT PORTION OF THE PUBLIC RIGHT OF WAY OF AUSTIN STREET COMMENCING AT THE INTERSECTION OF HARRISON AND AUSTIN STREETS AND EXTENDING IN A SOUTHWARD DIRECTION ?00 FEET AND BEING WEST OF A LINE PARALLEL TO AND FIVE FEET SOUTHWEST OF THE EXISTING CURBLINE OF AUSTIN STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER TO INCARNATE WORD ACADEMY, SOMETIMES 7363 REFERRED TO AS THE CONVENT ACADEMY OF THE INCARNATE WORD, A NON - PROFIT ORGANIZATION USED FOR EDUCATIONAL PURPOSES, A REVOCABLE EASEMENT AUTHORIZING THE EXTENDING OF THE PARKING LOT AREA ADJACENT TO THE SOUTHWEST SIDE OF AUSTIN STREET EXTENDING 200 FEET SOUTHERLY FROM THE RIGHT OF WAY OF (( `HARRISO ) STREET FOR USE IN CONNECTION WITH AND AS A PART OF SAID PARKING \\LOT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, IN LIEU OF THE AGREEMENT DATED SEPTEMBER 26, 1962, AND AUTHORIZED BY ORDINANCE No. 6651. 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND A R I SSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAN OF 1964. ATTES . CITY ECRETA Y MAY pID•Tem THE CITY OF CORP S CHRISTI, TEXAS APP VFD AS TO LEGAL FORM THI b DAY OF SEPTEMBER, 1964: ,f < CITY AT1'ORNIt'Y REVDCADLE EASEMENT . STATE OF TEXAS j KW ALL NEN, by THESE. PRESENTS: C=m OF KKCES THAT THE CITY Or CORPUS CHRISTI, TE91AS, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY }TANAGER, HERBERT W. VNITNEY, FOR AND IN COW sIOERATION OF THE sum OF ONE COLLAR (#1.00) "TO IT IN HAND PAID BY INCARNATE WORD ACADCMT OF CORPUS CHRISTI, TCXAS,,SOMETIMCB DESIGNATED As THE CONVENT ACADEMY OP THE WCARNATH WARD, .A NoIIoFRDFIT# EDUCATIONAL 1NSTIT0TIONs. SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TexAs, THE RtCEiPT or WHICH OS HEREBY ACKNOWGEDOLO ANO LONFES ;ED, HAS GRANTED# SOLD AND CONVEYED AND BY THESE PRESENTS 00 GRANT, SELL AND CONVEY, UPON TIME CONDiTIDNS HEREINAFTER STATED, .{INTO THE SAID INCARNATE WORD ACAamy 7NE •RI4MT TO CONSTRUCT AND MAINTAIN A PAVED. SURFACE AUTO14001t PARKING, AREA doom THE FOLLOWING 15ESCRI490 #ROPCRTY, LOCATED IN HUECES COUNTY, TEXAS, TO -WITS ALL OF THAT PORTION OP THE PUBLIC NIGHT or vAY OF AUSTIN - STREET COMMENCING At' THE INTERSECTION OP'HARRISOM AND 'AUSTIN STREETS AHD CkTENOING IN A SOUTHWARD DIRECTION 20O FEET .AND •BEING V&ST OF A LINE PARALLEL TO AND FIVE FEET 'S011111COT OF THE EXISTING, CURBLiNE of AUSTIN STREET { r y IM THE CITY OF CORPUS CHRISTI,, NUECES COUNTY, TEXAS, YO HAWE AND TO HOLD THE ,SAME. UNTO THE SAID INCARNATE WORD ACADEMYa SOMETIMES REFERRED To At tar CONVENT - ACADEMY OF TIME INCARNATE WOilp;'ITS lUCCESSORS AND ASS1OHSj TOGETHER WITIM Tot RIGHT AND dRiWILEQE At ANYAAFlO ALL TIMES 70 ENTER UPON THE ABOVE AREA $oR Tilt PURPOSE. Of CONSTRUCTING AND MAINTAINING THEREON A PAVE[l SURFACE AUTOMOBILE PARKING _ t,l , •a ' , kAREA,�AHD' CT is FUNTHCII UNDERSTOOD `THAT 'THE FOREGOING ;ASCNENT AND RIGHT , t IS GRANTED UPbe'THE FOLLOWING CONDITIONSI (A) IT IS UNDERSTOOD AND AGREED THAT TIME EASEMENT HEREBY GRANTED MAY or REVOKED AT ANY time BY'THE CITY OF CORPUS CHRISTI. ' {4' TNATTME GRANTEE WILL 'SAVE AND KEEP HARMLCsS THE CITY ^OF CORPUS CHRIST, FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE IMPROVEMENT, USE OF AND MA'INTCNANCE OF SAIV PARKING LOT AREA OCCUPYING SAIO PORTION OF SAID PUBLIC RIGHT OF WAY. (C) THAT THE USE OF SAIO AREA HEREBY GRANTED SHALL IN NO bt•• NAY)OTERFERC WITH THE OPEhATjOM BY THE CITY`OF'ANY UTILITY LINES OR THE +- MAINTENANCE Tt1ERCOFt _ s5: _ (D) THAT GaAHTEE PILL, DEFORE DR COINCIDENT VITK ANY IMPROVE- .. j , ?EMT OR.WSE OP SAlP AREA CONSTRUCT A 0400ER CURB PARALLEL TO AND 5 FEET- YSOUTHUEST FROM THE. AUSTIN STREET CUR #, t" zY �' • •(E) THE USE BY THE `GRANTEE SHALL #E 0141T'i6 70 THE PARKING OF AUTOMOSIUS AND MOTOR-'VEMICLC$ in ACCOADANC9*141TH THE APPLICATION On FILE WITH THE CITY SECRETARY. THIS AiIRCENENT IS MADE IN LIEU OP THE AGREEMENT DATED S"TEMBER• L16, I962, HEkETOFORE EXECUTED AND DELIVERED BY THE NARtltf'H9AcT0: in tESTIKWY %1106F; THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUStO THESE PRESENTS To BE 'EXECUTED THIS- THE DAY OF �• CITY OF.CORPM CMISTi, TEXAS ATTF,ST1 By - 1TY ScCRCTARY PENDENT W+ �IIITNEY CITY MANAGER APPROM AS TO LIMAL �aAY OF SEPTEMSElt, FOWTHIS ITY ATTORNEY THE STATE OF TEXAS j COUNTY OF NUECE3 { BEFORE 149) 'THE UNOERSIONCO! AUTHORITY, ON THIS DAY PERSONALLY APPEARED` HERBERT W. WHlj'KY, KNOUN Td M$ TO BE THE, CITY WMAGER OF THE CITY'Op C01;PIli CHRISTI, TEXAS! AND THE SAME PERSON WHO SIONED THE FORE GOING INSTRUMENT AND ACK116WLZDOCD TO HQ THAT HE EXECUTED THE SAME AS THE ACT OF THE CITY OF`CORPUS CHRISTI, TEXASsk.AND AS CITY HANACER THEREOF FOR THE PURPOSES AIR) COAVDERATIONS THCREI14 EXPRESSED. . awti1 UNDER W HAND AND SEAL OF OFFICE, THIS THE PAY OF s }96{. IETARY PUBLIC IN AND FOR MUECES ZOUNTY, TEXAS THE A06VE GRANT AND EAS6MEMT 13 HERESY ACCEPTED THI *'THE DAY OF . 1904, BY INCARNATE WORD ACADEMY' some- TINES DESIGNATED A4 CONVENT ACADEMY OF THE INCARNATE WORDI ANDSAIS OROANI/ZAT#ON AGREES TO K4EP AND PERFORM THE CONDI710N3 IMPOSED BY SAID GRANT AND CASEMENT AND THAT IT IS BOUND BY ALL OF THE TERMS OF THE SAME.' 1 NCARNATE WORD ACADE14Y THE CONVENT ACAD04Y OF THE INCARNATE WORD . 8Y - ROBERT E. HAEGELINp ATTQANEY FOR GRANTEE THE STATE OF TEXAS • COUNTY O NUEKS - ! J �t . • .f 1, A BEFORE ME, THE UNDERSIGMED AUTNORITVj ON THIS DAY PERSONALLY" :` APIIEARED ROBERT E. HAEGELIN,'KNOWN TO ME TO BE THE 6AME- PER30H WH0� SIONED THE ABOVE INSTRUMENT AND HE ACKNOWLEDGED TO ME THAT NE iXCCUTEO THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPREiSEQ, ANO .IN, THE CAPACITY OF ATTORNEY FOR THE GRANTEE, GIYEM UNDER MY HAND AMP SEAL OF OFFICE, THIS THE DAY OF t96b. NOTARY _ PGL 1C IN AND FOA NUECES COUNTY, TEKASt CORPUS CHRISTI, TEXAS f V 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, XMARPro em THE CITY OF ORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD C6LZ: _ 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 TH JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ,.F / W. H. WALLACE, JR.