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HomeMy WebLinkAbout08537 ORD - 07/26/19677/25/67 ' _A AN ORDINANCE DECLARING ABANDONED THAT CERTAIN EASEMENT CONVEYED TO THE CITY OF CORPUS CHRISTI DATED AUGUST 22 I _3156, AND BEING RECORDED IN VOLUME 1170 AT PAGE b2 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND ACCEPTING IN LIEU THEREOF A 10 -FOOT EASEMENT LYING ADJACENT TO AND PARALLEL W E 0 EAS ERL BOUNDARY LINE OF LOT 2 BLOCK 1 AND FORMERLY LOTS AND BLOCK 1 ALL IN HEARN ADDITION, AND THAT CERTAIN 22.6 ACRE TRACT OF LAND EXTENDING FROM THE EAST CORNER OF LOT 2 BLOCK 1 HEARN ADDITION TO THE NORTH CORNER OF SAID 22. ACRE TRACT LOCATED IN THE EAST BOUNDARY OF THE ST. LOUIS BROWNSVILLE AND MEXICO RAIL- WAY, A DISTANCE OF APPROXIMATELY l2bl.Q FEET, ALL AS MORE FULLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. WHEREAS, A CERTAIN EASEMENT WAS CONVEYED TO THE CITY OF CORPUS CHRISTI UNDER DATE OF AUGUST 22, 1966, AND IS RECORDED IN VOLUME 1170 AT PAGE 82, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAID EASEMENT BEING IN HEARN ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, SAID EASEMENT IS NOT NOW USED, NOR IS IT CONTEMPLATED THAT IT WILL BE USED OR NEEDED IN THE FORESEEABLE FUTURE, BY THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE OWNER OF THE PROPERTY HEREINABOVE MENTIONED HAS EXPRESSED A WILLINGNESS TO GRANT A SUBSTITUTE UTILITY EASEMENT ALONG THE NORTHEASTERLY BOUNDARY LINE OF LOT TWO (2), BLOCK ONE (1), AND FORMERLY LOTS THREE (3) AND FOUR (4), BLOCK ONE (1), IN HEARN ADDITION, A SUBDI- VISION OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT CERTAIN 22.6 ACRE TRACT OF LAND OUT OF THE GREGORIA FARIAS GRANT, ALL 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 ALL OF THAT CERTAIN UTILITY EASEMENT HERETOFORE EXISTING IN HEARN ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONVEYED TO THE CITY OF CORPUS CHRISTI UNDER DATE OF AUGUST 22, 1966, AND RECORDED IN VOLUME 1170 AT PAGE 82 OF THE-DEED RECORDS OF NUECES COUNTY, TEXAS, BE AND THE SAME IS HEREBY DECLARED ABANDONED AND RELEASED AND RELIN- QUISHED BY THE CITY OF CORPUS CHRISTI UNTO THE PRESENT FEE OWNER, SUBJECT 8537 TO AND CONDITIONED ON THE DEDICATION OF A SUBSTITUTE UTILITY EASEMENT, SAID SUBSTITUTE UTILITY EASEMENT BEING DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 10.0 FEET IN WIDTH, LYING ADJACENT TO AND PARALLEL WITH THE NORTHEASTERLY BOUNDARY LINE OF LOT TWO (2 { \,, BLOCK ONE (1), AND FORMERLY LOTS THREE (3) AND FOUR (4), BLOCK ONE (1), ALL IN HEARN ADDITION, A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, TEXAS; AND THAT CERTAIN 22.6 ACRE TRACT OF LAND OUT OF THE GREGORIA FARIAS GRANT, ABSTRACT N0. 592, NUECES COUNTY, TEXAS, DESCRIBED UNDER TRACT II, IN DEED CONVEYED BY WILLIAM C. HEARN, ET UX TO CENTRAL POWER AND LIGHT COMPANY DATED JULY 18, 1964; RECORDED IN VOLUME 1048, AT PAGES 154 TO 157 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS. SAID 10.0 FOOT STRIP OF LAND EXTENDING FROM THE EAST CORNER OF LOT TWO (2), BLOCK ONE (1), HEARN ADDITION TO THE NORTH CORNER OF SAID 22.6 ACRE TRACT OF LAND, LOCATED IN THE EAST BOUNDARY OF THE ST. LOUIS, BROWNSVILLE AND MEXICO RAILWAY, A DISTANCE OF APPROXIMATELY 1281.63 FEET. SECTION 2. THE NECESSITY TO ABANDON THE HEREINABOVE DESCRIBED UTILITY EASEMENT TO THE ABUTTING PROPERTY OWNER AND ACCEPT IN LIEU THEREOF THE HEREINABOVE DESCRIBED SUBSTITUTE UTILITY EASEMENT 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, 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, THIS THE ,fj , DAY OF , 1967. ATTEST: APPROVED AS TO LEGAL FORM THIig DAY OF JULY, 1967: :�& LIZ, CITY ATTORN Y CORPUS CHRIST(, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISM, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSF OF THE FOREGOING ORDINANCL, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREh1ENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY Old THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAI" YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, IAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOT �E: JACK R. BLA CKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JI hIENE Z, JR., M.D. GABE LOZANO, SR. KEN MCOANIEL 1 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLA CKhION . RDNNI E $I ZEhIORE V. A. "DICK" BRADLEY, JR. go J. A. "JACK" GRANT F. JI h1ENE2, JR., M. D. GABE LOZANO, SR. KEN McDANI EL