HomeMy WebLinkAbout09721 ORD - 04/22/1970,r---- 4/8/70: E
AN ORDINANCE
VACATING THAT PORTION OF THE EASEMENT ALONG WHAT
WOULD BE THE EXTENSION OF DUNN LANE, FROM THE
PRESENT TERMINATION OF DUNN LANE TO INTERSTATE 37,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
AND RELINQUISHING THE SAME TO THE ABUTTING PROPERTY
OWNER, THE NORTH SIDE STATE BANK OF HOUSTON, SUBJECT
TO SAID BANK PROVIDING ON ITS PROPERTY A CUL -DE -SAC
ACCORDING TO PLANS TO BE APPROVED BY THE DIRECTOR OF
PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, A COPY
OF SAID VACATION OF EASEMENT BEING ATTACHED HERETO
AND MADE A PART HEREOF.
WHEREAS, BY INSTRUMENT DATED AUGUST 16, 1939, AND FILED FOR
RECORD IN VOLUME 2119, PAGE 6727 OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS, JOHN DUNN GRANTED AN EASEMENT TO THE CITY OF CORPUS CHRISTI ALONG
THE EAST SIDE OF A 110 -FOOT ROAD THROUGH THE CENTER OF A 20 -ACRE TRACT OF
LAND, SAID 20 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED IN
SAID INSTRUMENT OF AUGUST 16, 1939; AND
WHEREAS, THE NORTH SIDE STATE BANK OF HOUSTON, TEXAS, IS NOW
THE OWNER OF A 10.37 -ACRE PORTION OF THE AFORESAID TRACT OF LAND AND
DESIRES TO HAVE THE CITY OF CORPUS CHRISTI RELEASE THE ABOVE DESCRIBED
EASEMENT INSOFAR AS ITS PROPERTY IS CONCERNED; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS DETERMINED THAT IT IS
POSSIBLE TO RELEASE SAID PORTION OF SAID EASEMENT, CONDITIONED UPON THE
PROPERTY OWNER BANK PROVIDING ON ITS PROPERTY A CUL -DE -SAC ACCORDING TO
PLANS TO BE APPROVED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS
CHRISTI, AND THE COMPLETION OF THE PLATTING OF THE PROPERTY:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE IS HEREBY VACATED AND ABANDONED TO THE
ABUTTING PROPERTY OWNER THAT PORTION OF THE EASEMENT DESCRIBED IN THE FIRST
PARAGRAPH OF THIS ORDINANCE WHICH RUNS THROUGH THE 10.37 -ACRE PORTION OF
THE ABOVE MENTIONED 20 -ACRE TRACT WHICH IS NOW OWNED BY NORTH SIDE STATE
BANK OF HOUSTON, TEXAS. THIS VACATION OF EASEMENT IS CONDITIONED UPON
THE PROPERTY OWNER BANK PROVIDING ON ITS PROPERTY A CUL -DE -SAC ACCORDING
TO PLANS TO BE APPROVED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF
CORPUS CHRISTI, AND THE COMPLETION OF THE PLATTING OF THE PROPERTY.
9721
SECTION 2. THAT THE CITY MANAGER BED AND HE IS HEREBY, AUTHORIZED
TO EXECUTE THE RELEASE OF THE AFORESAID EASEMENT, A COPY OF WHICH RELEASE
IS ATTACHED HERETO AND MADE A PART HEREOF.
RELEASE
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
WHEREAS, BY INSTRUMENT DATED AUGUST 16, 1939, RECORDED IN
VOLUME 249, PAGE 627 OF THE DEED'RECORDS OF NUECES COUNTY, TEXAS, JOHN
DUNN GRANTED AN EASEMENT TO THE CITY OF CORPUS CHRISTI ALONG THE EAST
SIDE OF A 40 -FOOT ROAD THROUGH THE CENTER OF A 20 -ACRE TRACT OF LAND,
SAID 20 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN SAID INSTRUMENT
OF AUGUST 161 1939; AND
WHEREAS, NORTH SIDE STATE BANK OF HOUSTON, TEXAS, IS NOW THE
OWNER OF A 10.37 -ACRE PORTION OF THE AFORESAID 20 -ACRE TRACT AND DESIRES
TO HAVE THE CITY OF CORPUS CHRISTI RELEASE THE ABOVE DESCRIBED EASEMENT
INSOFAR AS SAID BANKS PROPERTY IS CONCERNED:
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 UNTO THE
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 THAT PORTION OF THE ABOVE MENTIONED 20 -ACRE TRACT OF LAND WHICH
IS NOW OWNED BY THE NORTH SIDE STATE BANK OF HOUSTON, SAID BANK'S PORTION
BEING A 10.37 -ACRE TRACT. THIS RELEASE AND VACATION OF EASEMENT IS
CONDITIONED UPON THE PROPERTY OWNER BANK PROVIDING ON ITS PROPERTY A
CUL -DE -SAC ACCORDING TO PLANS TO BE APPROVED BY THE DIRECTOR OF PUBLIC
WORKS OF THE CITY OF CORPUS CHRISTI, AND THE COMPLETION OF THE PLATTING
OF THE PROPERTY.
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 LANDS HEREINABOVE DESCRIBED AND SHALL APPLY ONLY TO THE RIGHTS
ACQUIRED BY VIRTUE OF THE ABOVE DESCRIBED INSTRUMENT DATED AUGUST 16,
1939, AND SHALL APPLY ONLY TO THAT PORTION OF THE EASEMENT AS IS SET
OUT HEREINABOVE.
EXECUTED THIS THE DAY OF , 1970.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARYIN TOWNSEND, CITY MANAGER
APPROVED:
DAY OF , 1970:
CITY ATTORNEY
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 MUNIDIPAL 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, 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
, 1970-
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
That the foregoing ordinance was read for the first time and
passed to its second reading on this the ,Yday of
199'D , by the following vote:
Jack R. Blackmon
Gabe Lozano, Jr. .
V. A. "Dick" Bradley, Jr. (fpm
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
That the foregoing ordinance was read for� the second time and passed
to its third reading on this the 15Y1U day of
by the following vote:
Jack R. Blackmon
City Attorney