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Home My WebLink About09582 ORD - 12/17/1969BJw:12/17/69 AN ORDINANCE RELEASING ANY INTEREST WHICH THE CITY OF CORPUS CHRISTI MAY HAVE IN AN EASEMENT HERETOFORE OWNED BY REPUBLIC NATURAL GAS COMPANY, ACROSS ALL OF THAT CERTAIN TRACT OF LAND KNOWN AS THE WHELAN HOMESTEAD, LOCATED IN THE VILLARREAL GRANT, TEXAS ABSTRACT NO. 1, TO NORTH SIDE STATE BANK OF HOUSTON, TEXAS, THE PRESENT OWNERS OF THE TRACTS ACROSS WHICH SAID EASEMENT EXISTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF SAID EASEMENT, A COPY OF WHICH RELEASE IS 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 THERE IS HEREBY RELEASED ANY INTEREST WHICH THE CITY OF CORPUS CHRISTI MAY HAVE IN AN EASEMENT, RECORDED IN VOL. 230, PAGE 445, DEED RECORDS OF NUECES COUNTY, TEXAS, HERETOFORE OWNED BY REPUBLIC NATURAL GAS COMPANY, ACROSS ALL THAT CERTAIN TRACT OF LAND KNOWN AS THE WHELAN HOMESTEAD, LOCATED IN THE VILLARREAL GRANT, TEXAS ABSTRACT NO. 1, IN NUECES COUNTY, TEXAS, AND THE SAME IS HEREBY RELEASED'AND RELINQUISHED TO THE PRESENT OWNERS OF THE TRACT ACROSS WHICH SAID EASEMENT EXISTS, NORTH SIDE STATE BANK OF HOUSTON, SUBJECT TO THE CITY BEING SAVED AND HELD HARM- LESS BY SAID PRESENT OWNERS AS A CONDITION PRECEDENT TO THIS RELEASE, AS SET FORTH BY THE ACCEPTANCE OF THIS CONDITION BY THE SAID PRESENT OWNERS, SHOWN ON THE ANNEXED RELEASE INSTRUMENT. SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A RELEASE OF THE AFORESAID EASEMENT. SECTION 3. THE NECESSITY TO RELEASE ANY INTEREST IN THE ABOVE DESCRIBED EASEMENT WHICH THE CITY MAY HAVE SO AS TO CLEAR TITLE TO THIS PROPERTY 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 SAID ORDI- NANCE 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 ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND 95011% i BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1 776 -LDAY OF DECEMBER, 1969. ATTEST: APPROVED: (/ DAY OF DECEMBER, 1969: CITY ATT N,E� THE CITY OF CORPUS CHRISTI, TEXAS B,iw:12/17/68 RELEASE THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THAT WHEREAS, BY INSTRUMENT DATED JUNE 10, 1937, RECORDED IN VOL. 230, PAGE 445, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, TOM WHELAN, ET AL, GRANTED TO REPUBLIC NATURAL GAS COMPANY, A RIGHT -OF -WAY EASEMENT THROUGH AND ACROSS THE FOLLOWING TRACT OF LAND SITUATED IN NUECES COUNTY, TEXAS, TO -WIT: ALL THAT CERTAIN TRACT OF LAND KNOWN AS THE WHELAN HOMESTEAD LOCATED IN THE VILLARREAL GRANT, TEXAS ABSTRACT N0. 1, IN NUECES COUNTY, TEXAS AND WHEREAS, NORTH SIDE STATE BANK OF HOUSTON, TEXAS, THE PRESENT OWNER OF SAID TRACT, NOW DESIRE TO HAVE RELEASED AND QUITCLAIMED UNTO THEM ALL INTERESTS AND TITLE WHICH THE CITY OF CORPUS CHRISTI, ITS SUCCESSORS AND ASSIGNS, MAY HAVE IN AND TO THE ABOVE REFERRED TRACT OF LAND: 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 AND QUITCLAIM UNTO THE SAID NORTH SIDE STATE BANK OF HOUSTON, TEXAS, ITS SUCCESSORS AND ASSIGNS, ALL RIGHTS, TITLE OR INTEREST WHICH THE CITY OF CORPUS CHRISTI MAY HAVE IN AND TO THE SAID WHELAN HOMESTEAD TRACT, LOCATED IN THE VILLARREAL GRANT, TEXAS ABSTRACT No. 1. THE EXECUTION OF THIS INSTRUMENT SHALL IN NO WAY AFFECT ANY OTHER RIGHTS THE CITY OF CORPUS CHRISTI HAS OR MAY HAVE IN AND TO THE SAID WHELAN HOMESTEAD TRACT LOCATED IN THE VILLARREAL GRANT, TEXAS ABSTRACT No. 1 AND SHALL APPLY ONLY TO ANY RIGHTS WHICH THE CITY OF CORPUS CHRISTI MAY HAVE ACQUIRED IN THE ABOVE DESCRIBED EASEMENT. IT IS HEREBY COVENANTED AND AGREED THAT NORTH SIDE STATE BANK OF HOUSTON, TEXAS, ITS SUCCESSORS AND ASSIGNS, AS A CONDITION PRECEDENT TO THIS RELEASE, SHALL SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AGAINST ANY AND ALL CLAIMS ARISING FROM THE HEREIN RELEASE. i THIS AGREEMENT AND ALL TERMS AND PROVISIONS HEREOF SHALL BE BIND- ING UPON AND INURE TO THE BENEFITS OF THE PARTIES HERETO, ITS ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND. EXECUTED THIS THE DAY OF , 1969. ATTEST: ITY SECRETARY ATTEST: SECRETARY APPROVED: DAY OF DECEMBER, 1g6g: CITY ATTORNEY CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND, CITY MANAGER ACCEPTED AND AGREED: NORTH SIDE STATE BANK OF HOUSTON, TEXAS BY THE STATE OF TEXAS I COUNTY OF NUECES X BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI- CIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME•IS SUB- SCRIBED 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 DECEMBER, 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS BEFORE NE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED OF THE NORTH SIDE STATE BANK OF HOUSTON, TEXAS, 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 NORTH SIDE STATE BANK OF HOUSTON, TEXAS, 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 DECEMBER, 1969. NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS Corpus Christi, Texas, Z day of 19j�j 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, r R THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the 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 Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr/ , p Eduardo E. de Ases / ✓— Ken McDaniel / 21 W. J. "Wrangler" Roberts Ronnie Sizemore c December 23, 1969 Mr. George M. Pyle Urban Engineering P. O. Box 6355 Corpus Christi, Texas 78404 Dear Mr. Pyle: Herewith is a release of an easement through and across the tract of land known as the Whelan Homestead. This instrument is in accordance with your request. ; Sincerely, T. Ray Kring - City Secretary TRK /jw Enclosure