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HomeMy WebLinkAbout09318 ORD - 04/02/1969MvL:4 -1 -6g • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A BOUNDARY SETTLEMENT AGREEMENT BETWEEN THE CITY AND MARCUS LUTZ AND WIFE, AND BETWEEN THE CITY AND ELIZABETH MONTGOMERY AND JACK McCOLLUM, CONCERNING THE EAST BOUNDARY LINE OF OCEAN DRIVE, COPIES OF WHICH AGREEMENTS 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. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A BOUNDARY SETTLEMENT AGREEMENT BETWEEN THE CITY AND MARCUS LUTZ AND WIFE, ROSALIE LUTZ, AND BETWEEN THE CITY AND ELIZABETH MONTGOMERY AND JACK MCCOLLUM, CONCERNING THE EAST BOUNDARY LINE OF OCEAN DRIVE, COPIES OF WHICH AGREEMENTS ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO REDUCE TO WRITING THE AGREEMENT BETWEEN THE CITY AND THE AFORESAID OWNERS OF PROPERTY ABUTTING ON OCEAN DRIVE AS SOON AS POSSIBLE IN ORDER THAT THE IMPROVEMENTS TO OCEAN DRIVE MAY CONTINUE WITHOUT DELAY 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 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 oC/ DAY OF APRIL, 1969. -- �--- -- ATTEST: CI Y SECRET RY MA OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _DAY OF APRIL, 1969: CITY ATTORNE 931S, THE STATE OF TEXAS Q COUNTY OF NUECES WHEREAS, MARCUS LUTZ AND WIFE, ROSALIE LUTZ, ARE THE OWNERS OF LOT 3, BLOCK 3, SEASIDE SUBDIVISION, AS SHOWN ON THE PLAT THEREOF OF RECORD IN VOLUME 28, PAGE 772 MAP RECORDS OF NUECES COUNTY, TEXAS, WHICH PROPERTY ABUTS ON OCEAN DRIVE AND HAS A SMALL PORTION OF TWO BUILDINGS WHICH ENCROACH INTO THE RIGHT CAF WAY OF OCEAN DRIVE, AS RECOGNIZED IN SAID PLAT RECORDED IN VOLUME ZS, PAGE 77, MAP RECORDS OF NUECES COUNTY, TEXAS; AND WHEREAS, IT WOULD-BE EXPENSIVE TO REBUILD SAID BUILDINGS AT THIS TIME AND REMOVE SAID ENCROACHMENTS FROM THE RIGHT OF WAY OF OCEAN DRIVE, WHICH RIGHT OF WAY THE CITY IS NOW IMPROVING WITH PAVING, CURBS, GUTTERS AND SIDEWALKS WITH A PAVING AND STREET IMPROVEMENT ASSESSMENT LEVIED AGAINST SAID PROPERTY, AND AGREEMENT OF THE SAID MARCUS LUTZ AND WIFE, ROSALIE LUTZ, TO PAY THE COST ASSESSED AGAINST THEIR PROPERTY OF SAID IMPROVEMENTS, THE CITY IS AGREEABLE TO THE SAID ENCROACHMENTS REMAINING WITHIN THE RIGHT OF WAY OF OCEAN DRIVE UNTIL THE SAID BUILDINGS, OR EITHER OF THEM, ARE REBUILT (AS THAT TERM IS HEREINAFTER DEFINED). THE PARTIES HAVE, THEREFORE, ENTERED INTO THE FOLLOWING AGREEMENT: 1. THAT THE TRUE AND CORRECT BOUNDARY -OF OCEAN DRIVE ADJACENT TO SAID PROPERTY OWNED BY THE SAID MARCUS LUTZ AND WIFE, ROSALIE LUTZ, IS THE LINE SHOWN ON THE SAID PLAT OF LOT 3, BLOCK 3, SEASIDE SUBDIVISION, OF RECORD IN VOLUME 28, PAGE 77, MAP RECORDS OF NUECES COUNTY, TEXAS. 'L. IT IS AGREED THAT THE PRESENTLY EXISTING BUILDINGS NOW ENCROACHING INTO THE RIGHT OF WAY OF OCEAN DRIVE MAY REMAIN AS THEY NOW EXIST UNTIL EITHER OF THEM IS REBUILT (AS THAT TERM IS HEREINAFTER DEFINED) BY THE OWNERS OF SAID PROPERTY ABUTTING OCEAN bRIVE AT SAID LOCATION, AT WHICH TIME SAID ENCROACHMENTS WILL BE ENTIRELY REMOVED FROM WITHIN THE HEREIN DESIGNATED RIGHT OF WAY OF OCEAN DRIVE, AND IN THE MEANTIME, SAID OWNERS OF THE LAND ON WHICH SAID BUILDINGS ARE LOCATED ARE HEREBY GRANTED AN IRREVOCABLE EASEMENT IN AND UPON THE RIGHT OF WAY OF OCEAN DRIVE FOR THE USE AND OCCUPATION BY SAID BUILDINGS, EXTENDING THE WIDTH OF SAID BUILDINGS ALONG THE RIGHT OF WAY LINE HEREBY AGREED UPON, FOR THE SPACE OCCUPIED BY THE SAID BUILDINGS. f • 3. IT IS AGREED THAT IN THE EVENT THE DAMAGE OR DESTRUCTION OCCURS BY FIRE OR WEATHER CONDITIONS OR BY SOME SUDDEN DESTRUCTIVE FORCE OR BY DETERIORATION TO THE EXTENT THAT REHABILITATION OR RESTORATION COSTS WILL EQUAL OR EXCEED FIFTY PERCENT (50 %) OF THE VALUE, PRIOR TO INCURRING SUCH COSTS OF THE BUILDING ALONE, THEN SUCH REHABILITATION, RECONSTRUC- TION OR REMODELING SHALL BE CONSTRUED TO CONSTITUTE REBUILDING AND TERMI- NATE THE EASEMENT PROVIDED IN THE PRECEDING PARAGRAPH. IT IS FURTHER AGREED THAT ANY ENLARGEMENT OF THE GROUND AREA NOW OCCUPIED BY EITHER OF SAID BUILDINGS SHALL CONSTITUTE A REBUILDING OF THE SAME. Y. THE EASEMENT AND AGREEMENT AS TO THE RIGHT OF WAY LINE SHALL INURE TO THE HEIRS, ADMINISTRATORS AND ASSIGNS OF THE PARTIES HERETO AND LIKEWISE THE COVENANT TO REMOVE SAID BUILDINGS WHEN EACH OF SAME 15 REBUILT SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND. WITNESS OUR HANDS, THIS THE DAY OF APRIL, 1969. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF ,,1969: MARCUS LUTZ ROSALIE LUTZ 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, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT 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 CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF APRIL, 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -2- e,lw:3/31/69 • THE STATE OF TEXAS j COUNTY OF NUECES WHEREAS, THERE HAS BEEN A CONTROVERSY BETWEEN THE CITY AND THE PROPERTY OWNERS OVER THE LOCATION OF THE EAST LINE OF OCEAN DRIVE ABUTTING THE PROPERTY OF ELIZABETH MONTGOMERY, A FEME SOLE, AND JACK MCCOLLUM AND LYING BETWEEN LOT 2 -B AND LOT 3, BLOCK 3, SEASIDE SUBDIVISION, AND IMMEDI- ATELY NORTH OF THE PROPERTY OF MARCUS LUTZ AND WIFE, ROSALIE LUTZ, WHICH LUTZ PROPERTY IS SHOW 3 N OF RECORD AS LOT A, BLOCK 3, SEASIDE SUBDIVISION, OF RECORD IN VOLUME 28, PAGE 77, MAP RECORDS OF NUECES COUNTY, TEXAS AND WHEREAS, THE PARTIES HAVE COMPROMISED THEIR DIFFERENCES AND AGREED THAT THE IMPROVEMENTS NOW LOCATED ON SAID PROPERTY AND EXTENDING INTO THE RIGHT OF WAY CLAIMED TO EXIST BY THE C T� OF CORPUS CHRISTI ARE TO REMAIN AS NOW LOCATED UNTIL SUCH TIME AS SAID IMPROVEMENTS MAY BE REBUILT BY THE OWNERS, AND THE PARTIES, HAVE ENTERED INTO THE FOLLOWING AGREEMENTS: 1. IT IS AGREED THAT THE CORRECT EAST LINE OF OCEAN DRIVE IS A LINE EXTENDING FROM THE MOST SOUTHERLY CORNER OF LOT 2 -B, BLOCK 3, SEASIDE SUBDIVISION, AS SHOWN BY MAP OF RECORD IN VOLUME 24, PAGE 88, MAP RECORDS, NUECES COUNTY, TEXAS, THENCE S. 31' 42' 30" E. TO THE MOST WESTERLY CORNER OF LOT 3, BLOCK 3, SEASIDE SUBDIVISION, AS SHOWN BY MAP OF RECORD IN VOLUME 28, PAGE 77, MAP RECORDS, NUECES COUNTY, TEXAS. 2. IT IS AGREED THAT THE TWO PRESENTLY EXISTING BUILDINGS WHICH IN PART LIE WEST OF THE EAST LINE OF OCEAN DRIVE AS HEREIN AGREED UPON, AND ACCORDINGLY TO SUCH EXTENT ENCROACH INTO THE RIGHT OF WAY OF OCEAN DRIVE AS HEREBY AGREED UPON MAY REMAIN AS THEY NOW EXIST UNTIL EITHER OF THEM IS RE- BUILT (AS THAT TERM IS HEREINAFTER DEFINED) BY THE OWNERS OF SAID PROPERTY ABUTTING OCEAN DRIVE AT SAID LOCATION, AT WHICH TIME SAID ENCROACHMENTS WILL BE ENTIRELY REMOVED FROM WITHIN THE HEREIN DESIGNATED RIGHT OF WAY OF OCEAN DRIVE, AND IN THE MEANTIME, SAID OWNERS OF THE LAND ON WHICH SAID BUILDINGS ARE LOCATED ARE HEREBY GRANTED AN IRREVOCABLE EASEMENT IN AND UPON THE HERE- IN DESIGNATED RIGHT OF WAY OF OCEAN DRIVE AS HEREIN AGREED UPON FOR THE USE AND OCCUPATION BY SAID BUILDINGS EXTENDING THE PRESENT WIDTH OF SAID BUILD- INGS ALONG THE RIGHT OF WAY LINE HEREBY AGREED UPON, FOR THE SPACE OCCUPIED BY THE SAID BUILDINGS. _ s I. IT IS AGREED THAT IN THE EVENT THE DAMAGE OR DESTRUCTION OCCURS BY FIRE OR WEATHER CONDITIONS.OR BY SOME SUDDEN DESTRUCTIVE FORCE OR BY DETERIORATION TO THE EXTENT THAT REHABILITATION OR RESTORATION COSTS WILL EQUAL OR EXCEED 50% OF THE VALUE, PRIOR TO INCURRING SUCH COSTS OF THE BUILD- ING ALONE, THEN SUCH REHABILITATION, RECONSTRUCTION OR REMODELING SHALL BE CONSTRUED TO CONSTITUTE REBUILDING AND TERMINATE THE EASEMENT PROVIDED IN THE PRECEDING PARAGRAPH. IT IS FURTHER AGREED THAT ANY ENLARGEMENT OF THE GROUND AREA NOW OCCUPIED BY EITHER OF SAID BUILDINGS SHALL CONSTITUTE A REBUILDING OF THE SAME. 4. THE EASEMENT AND AGREEMENT AS TO RIGHT OF WAY LINE SHALL INURE TO THE HEIRS, ADMINISTRATORS AND ASSIGNS OF THE PARTIES HERETO AND LIKEWISE THE COVENANT TO REMOVE. SAID BUILDINGS WHEN EACH OF THE SAME IS REBUILT SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND. WITNESS OUR HANDS, THIS THE DAY OF APRIL, 1969. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF APRIL, 1969: CITY ATTORNEY ELIZABETH MONTGOMERY JACK MCCOLLUM 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, KNOWN TO ME TO BE THE PERSON WHOSE NA14E IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PUR- POSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF APRIL, 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -2- r� u THE STATE OF TEXAS COUNTY OF NUECES I BEFORE trE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ELIZABETH MONTGOMERY, A FEME SOLE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF APRIL, ig6g. NOTARY PUBLIC IN AND FOR NU ECES COUNTY,' TEXAS THE STATE OF TEXAS Q COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JACK MCCOLLUM, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXE- CUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF APRIL, ig6g. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS , �'X �AY OF �.L,y'/«Li , 19- % 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 COUNCILS i, THEREFORE, REQUEST THAT 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, AY-OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON BONNIE $12EMORE — 07P- -- V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D.y�� GABE LOZANO, SP.. KEN MCDANIEL (_J W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING 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 c