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Home My WebLink About09385 ORD - 06/04/1969IMS.' JKH:6-u -69 AN ORDINANCE ABANDONING THAT PART OF THE UTILITY EASEMENT ABUTTING LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, OCCUPIED BY A BUILDING NOW SITUATED ON A PORTION OF SAID EASEMENT; REPEALING ORDINANCE NO. 9279, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 19, 1969; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY ABANDONED THAT PART OF THE UTILITY EASEMENT ABUTTING LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, OCCUPIED BY A BUILDING NOW SITUATED ON A PORTION OF SAID EASEMENT, ALL AS MORE FULLY SET FORTH IN THE RELEASE AND ABANDONMENT OF EASEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. ORDINANCE NO. 9279, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 19, 1969, BE, AND THE SAME IS HEREBY REPEALED IN ITS ENTIRETY. SECTION 3. THE NECESSITY TO ABANDON THE AFORESAID UTILITY EASEMENT,TO THE EXTENT DESCRIBED IN THE RELEASE OF EASEMENT, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL SORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1/7�'DAY OF JUNE, 1969• ATTE 1 Y SECROTA APP VED' DAY OF JUNE, 1969: CITY ATT6RNEY M'fae THE CITY OF CORPUS CHRISTI, TEXAS v 9385 THE STATE OF TEXAS Q COUNTY OF NUECES WHEREAS, TRINITY STEEL WAREHOUSE CO., INC., OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IS THE RECORD TITLE OWNER OF THE PROPERTY DESCRIBED AS LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND ALL IMPROVEMENTS THEREON) AND WHEREAS, A BUILDING LOCATED ON SAID LOT ENCROACHES INTO THE UTILITY EASEMENT TO THE EXTENT OF APPROXIMATELY FOUR (4) FEET; AND WHEREAS, THE SAID TRINITY STEEL WAREHOUSE CO., INC., HAS REQUESTED THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, FOR PERMISSION TO LEAVE SAID BUILDING IN ITS PRESENT LOCATION WHICH EN- CROACHES ON SAID UTILITY EASEMENTS AND WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, TO PERMIT SAID BUILDING TO REMAIN IN ITS PRESENT LOCATION BY RELEASING AND ABANDONING SO MUCH OF THE UTILITY EASEMENT AS IS OCCUPIED BY SAID BUILDING IN ITS PRESENT LOCATION: NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, DOES HEREBY RELEASE AND ABANDON THE FOLLOWING PORTION OF THE UTILITY EASEMENT ON THE EASTERN PORTION OF LOT 14, BLOCK 2, SCHANEN ESTATES UNIT S: THAT PORTION OF SAID UTILITY EASEMENT NOW OCCUPIED BY THE HOUSE LOCATED ON SAID LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERN 4 FEET OF SAID UTILITY EASEMENT FOR A LENGTH OF 33 FEET, BEGINNING APPROXIMATELY 35 FEET NORTH OF THE SOUTH LINE OF SAID LOT AND EXTENDING TO A POINT APPROXIMATELY 57 -1/2 FEET FROM THE NORTH LINE OF SAID LOT, THEREBY LEAVING THE UTILITY EASE- MENT ON SAID LOT FOR SAID DISTANCE OF 33 FEET OCCUPIED BY THE HOUSE WITH THE WIDTH OF ONLY /$ FEET. TRINITY STEEL WAREHOUSE COMPANY, INC., GRANTEE UNDER THIS RELEASE AND ABANDONMENT OF A PORTION OF SAID UTILITY EASEMENT, ITS SUCCESSORS AND ASSIGNS, AGREE TO THE FOLLOWING TERMS AND CONDITIONS CONCERNING SAID UTILITY EASEMENT RETAINED BY THE GRANTOR CITY AND NOT HEREBY RELEASED: 1. THAT THE OWNER AGREES, BY THESE PRESENTS, THAT THERE WILL BE NO LIABILITY ON THE PART OF THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, FOR ANY DAMAGE TO THE STRUCTURE BY REASON OF ANY USES OR INSTALLATIONS IN THE UTILITY EASEMENT ON THE PART OF THE CITY OF CORPUS CHRISTI; AND P. THAT THE OWNER FURTHER AGREES THAT THERE WILL BE NO ADDITIONS OR OTHER ENCROACHMENTS IN SAID UTILITY EASEMENT. EXECUTED THIS THE DAY OF , 1969. ATTEST: TRINITY STEEL WAREHOUSE CO., INC. BY SECRETARY PRESIDENT ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF JUNE, ig6g: CITY ATTO NEY THE STATE OF TEXAS Q COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED f OF THE TRINITY STEEL WAREHOUSE CO., INC., KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID TRINITY STEEL WAREHOUSE CO., INC., A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS Q COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, -2- TEXAS, A MUNICIPAL CORPORATION, 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 SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER.MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1969• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Texas day of , 191- 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 is introduced, or at the present meeting of the City Council. Respectfully, G' ' OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by th following vote: Jack R. Blackmon , Gabe Lozano, Sr. V. A. "Dick'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon i ei Gabe Lozano, Sr. (� V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts, Ronnie Sizemore ,