HomeMy WebLinkAbout09300 ORD - 03/26/1969YMP:3 /26/68
AN ORDINANCE
VACATING AN EASEMENT, HERETOFORE OWNED BY HUMBLE
PIPE LINE COMPANY, ACROSS THE WEST ONE -HALF OF
LOTS 12, 13, 14, 15 AND 16, SECTION 13, FLOUR
BLUFF & ENCINAL FARM & GARDEN TRACTS, AND AN
EASEMENT ACROSS LOTS 9 AND 10, SECTION "D" OF
PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, TO
THE RESPECTIVE LANDOWNERS OWNING THE TRACTS ACROSS
WHICH SAID EASEMENTS EXIST; AUTHORIZING THE CITY
MANAGER TO EXECUTE RELEASES OF SAID EASEMENTS,
COPIES OF WHICH RELEASES ARE 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. THERE IS HEREBY VACATED AN EASEMENT, HERETOFORE OWNED
BY HUMBLE PIPE LINE COMPANY, ACROSS THE WEST ONE -HALF OF LOTS 12, 13, 14,
15 AND 16, SECTION 13, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AND THERE
IS HEREBY ALSO VACATED AN EASEMENT ACROSS LOTS 9 AND 10, SECTION "D" OF
PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, AND THE SAME ARE HEREBY RELEASED
AND RELINQUISHED TO THE RESPECTIVE LANDOWNERS OWNING THE TRACTS ACROSS WHICH
EASEMENTS EXIST.
SECTION 2. AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASES OF
THE AFORESAID EASEMENTS, COPIES OF WHICH RELEASES ARE ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 3. THE NECESSITY TO RECOGNIZE THE ABANDONMENT BY THE CITY
OF THE EASEMENTS HEREINABOVE DESCRIBED 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, AND HAVING REQUESTED THE SUSPENSION OF
THE CHARTER RULE 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 THE2i�o__,OAY OF
MARCH, 1969.
ATTEST: / �J
CITY' S CR•T Y HE CITY OF CORPUS CHRISTI, TEXAS
APPRO ED:
DAY OF MARCH, 1969:
CITY ATTORNEY rr������
qqyy 93 Li li
•
•
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
. THAT WHEREAS, by instrument dated November 17, 1936, and recorded in
Volume 227, Page 44, of the Deed Records of Nueces County, Texas, Mary A. Wilkey
granted to Humble Pipe Line Company, a right -of -way and easement through and
across certain lands in Nueces County, Texas, described as being Lots W' -12, 13, 14,
15 and 16, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, reference
is here made for all relevant purposes; and
WHEREAS, by instrument dated February 21, 1963, recorded in Volume 922,
Page 26, of the Deed Records of Nueces County, Texas, Paul Erb and E. H. Theis
granted to Humble Pipe Line Company, a right -of -way and easement through and
accross the following tract of land described as being 13.03 Acres out of Lot 15,
Section 13, Flour Bluff and Encinal Farm and Garden Tracts;
AND WHEREAS, Pels Quality Homes, Inc., (Eli H. Lipner, Trustee), assignees,
now desire to have released and quitclaimed unto them all interests and title the
City of Corpus Christi, Texas, successor or assignee, has in and to the above
referred to tract of land as acquired by said instruments dated November 17, 1936
and February 21, 1963.
NOW THEREFORE, the City of Corpus Christi, Texas, for and in consideration
of the sum of One Dollar ($1.00) cash to it in hand paid, receipt of which is hereby
acknowledged, does hereby Release, Discharge and Quitclaim unto the said Pels
Quality Homes, Inc., (Eli H. Lipner, Trustee), their heirs and assignees, all rights,
title for interest in and to the said Lot #15, Section or Block 13, Flour Bluff and
Encinal Farm and Garden Tracts which were acquired by virtue of the above described
instruments dated November 17, 1936 and February 21, 1963.
The execution of this instrument shall in no way affect any other rights
the City of Corpus Christi, Texas has or may have in and to the said Lot #15, and
shall apply strictly to the rights acquired by virtue of the above described
instruments dated November 17, 1936 and February 21, 1963.
This agreement and all terms and provisions hereof shall be binding upon
and inure to the benefits of the parties hereto, their heirs, administrators,
successors and assigns, and shall constitute covenants running with the land.
EXECUTED this day of , 1969.
CITY OF CORPUS CHRISTI, TEXAS
BY
,R. Marvin Townsend, City Manager
ATTEST:
•
THE STATE OF TEXAS )
COUNTY OF NUECES )
BEFORE ME, the undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a
municipal corporation, know to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of said City of Corpus Christi, Texas for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office, this the, day of
, A. D., 1969
•
Notary Public in and for Nueces County, Texas
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
THAT WHEREAS, by instrument dated November 16, 1936, recorded in Volume
228, Pages 6 and 7, of the Deed Records of Nueces County, Texas, Elise K. A.
Behmann granted to Humble Pipe Line Company, a right -of -way and easement through
and across certain lands in Nueces County, Texas, described as "My land out of
the Hoffman Farm Sub - Division and being Lots 9 and 10 in Section 'D'," reference
is here made for'all relevant purposes; and
WHEREAS, by instrument dated November 22, 1966, recorded in Volume 1183,
Pages 430, 431, 432, and 433, of the Deed Records of Nueces County, Texas, Herman
W. Behmann and Arno W. Behman granted to Humble Pipe Line Company, a right -of -way
and easement through and across the following tract of land described as being
Lots 9 and 10, Section "D ", Paisley Subdivision of the Hoffman Tract, Nueces County,
Texas,
AND WHEREAS, Herman W. Behmann and Arno W. Behmann, now desire to have
released and quitclaimed unto them all interests and title the City of Corpus Christi,
Texas, successor or assignee, has in and to the above referred to tract of land as
acquired by said instruments dated November 16, 1936 and November 22, 1966.
NOW THEREFORE, the City of Corpus Christi, Texas, for and in consideration
of the sum of One Dollar ($1.00) cash to it in hand paid, receipt of which is hereby
acknowledged, does hereby Release, Discharge and Quitclaim unto the said Herman W.
Behmann and Arno W. Behmann, their heirs and assigns, all rights, title for interest
in and to the said Lots #9 and 10, Section or Block "D ", Paisley Subdivision of the
Hoffman Tract which were acquired by virtue of the above described instruments dated
November 16, 1936 and November 22, 1966.
The execution of this instrument shall in no way affect any other rights
the City of Corpus Christi, Texas, has or may have in and to the said Lots 9 and 10,
and shall apply strictly.to the rights acquired by virtue of the above described
instruments dated November 16, 1936 and November 22, 1966.
This agreement and all terms and provisions hereof shall be binding upon
and inure to the benefits of the parties hereto, their heirs, administrators, successors
and assigns, and shall constitute covenants running with the land.
EXECUTED this day of
CITY-OF CORPUS CHRISTI, TEXAS
BY
R. Marvin Townsend, City Manager
ATTEST
T. Ray Kring, City Secretary
1969.
LJ
�oC�ORPUU nS CHRISTI, TEXAS'/ ��
`T DAY �
0�'4�V 9wL
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
0
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED THE FOLLOWING VOTE:
JACK R. BLACKMON - -� (/ _
RONNIE SIZEMORE /a
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MC DANIEL
W. J. "WRANGLER" ROBERTS )
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS