HomeMy WebLinkAbout09759 ORD - 05/20/1970IMS:JKH:5 -18-70
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER
IN ANY RAILROAD EASEMENT ON THE NORTHEAST 75 FEET OF
LOT 5, BLOCK 2, MOORHOUSE INDUSTRIAL SUBDIVISION; AND
DECLARING AN EMERGENCY.
WHEREAS, A PLAT WAS PREPARED AND FILED BY T. H. LEE CONCERNING
LOT 5, BLOCK 2, MOORHOUSE INDUSTRIAL SUBDIVISION, AN ADDITION TO THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN VOLUME 33, PAGE 96 OF THE MAP
RECORDS OF NUECES COUNTY, TEXAS, AND THERE WAS SHOWN THEREON AS PERTAIN-
ING TO THE NORTHEAST 75 FEET OF SAID LOT 5 A RAILROAD EASEMENT IN FAVOR
1
OF THE TEXAS MEXICAN RAILROAD; AND
WHEREAS, SAID PLAT CONTAINED THE SIGNED AND ACKNOWLEDGED STATE-
MENT BY THE SAID OWNER THAT THE EASEMENTS SHOWN ON SAID MAP WERE DEDICATED
TO THE PUBLIC; AND
WHEREAS, THE CITY IS OF THE OPINION THAT THERE IS NO NEED FOR
SUCH RAILROAD EASEMENT AND THAT THE TEXAS MEXICAN RAILWAY COMPANY HAS
EXECUTED A RELEASE OF ANY CLAIM IN SAID EASEMENT AND THAT THE CITY SHOULD
DISCLAIM ANY INTEREST IN IT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO
EXECUTE A DISCLAIMER OF ANY INTEREST IN THE RAILROAD EASEMENT ON THE
NORTHEAST 75 FEET OF LOT 5, BLOCK 21 MOORHOUSE INDUSTRIAL SUBDIVISION,
AN ADDITION TO THE CITYOF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN
BY PLAT FILED IN VOLUME 33, PAGE 96 OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS.
SECTION 2. THE NEED FOR IMMEDIATE EXECUTION AND DELIVERY OF
SAID DISCLAIMER 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, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER
RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS
917'r Sp
INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS TH 26 Ylb DAY
OF MAY, 1970.
ATTEST: �� f
CITY SECRE AR MA OR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
0 DAY OF MAY, 1970:
1��- xl"�
CITY ATTORNEY
DISCLAIMER AND RELINQUISHMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, ON THE 18TH DAY OF JANUARY, 1965, A PLAT OF LOT FIVE
(5), BLOCK TWO (2j, MOORHOUSE INDUSTRIAL SUBDIVISION, NUECES COUNTY,
TEXAS, WAS FILED FOR RECORD AT VOLUME 33, PAGE 96, OF THE MAP RECORDS
OF NUECES COUNTY, TEXAS, WHICH ERRONEOUSLY DESIGNATED THE NORTHEASTERLY
SEVENTY -FIVE (75) FEET THEREOF AS "75' TEx -MEx RAILROAD EASEMENT" AND
DEDICATED THE SAID NORTHEASTERLY SEVENTY -FIVE (75) FEET TO THE PUBLIC
USE; AND
WHEREAS, TEXAS- MEXICAN RAILWAY COMPANY HAS RELEASED ANY CLAIM
TO SUCH NORTHEASTERLY SEVENTY -FIVE (75) FEET OF LOT FIVE (5), BLOCK TWO
(2), MOORHOUSE SUBDIVISION, NUECES COUNTY, TEXAS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS DESIROUS OF DISCLAIMING
AND RELINQUISHING ANY CLAIM, RIGHT, PROPERTY OR INTEREST IN AND TO SUCH
TRACT, MORE PARTICULARLY DESCRIBED BELOW, WHICH IT MAY HAVE ACQUIRED BY
VIRTUE OF SAID ABOVE DESCRIBED PLAT:
NOW, THEREFORE, 11 R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY
OF CORPUS CHRISTI, TEXAS, HAVING FULL AUTHORITY IN THE PREMISES, AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS DO HEREBY RELINQUISH UNTO
T. H. LEE, HIS HEIRS AND ASSIGNS FOREVER, AND UNTO HIM, HIS HEIRS AND
ASSIGNS FOREVER, DISCLAIM ANY RIGHT, TITLE OR INTEREST OF THE CITY OF
CORPUS CHRISTI IN AND TO THE FOLLOWING DESCRIBED LAND SITUATED IN NUECES
COUNTY, TEXAS, TO -WIT:
BEING THE NORTHEASTERLY 75 FEET OF LOT 5, BLOCK 2,
MOORHOUSE SUBDIVISION, AS SHOWN BY MAP OF RECORD IN
VOLUME 33, PAGE 96, OF THE MAP RECORDS OF NUECES
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY OR NORTHWEST CORNER OF
LOT 5, BLOCK 21 FOR THE NORTHWEST CORNER AND POINT OF
BEGINNING of THIS TRACT.
THENCE WITH THE NORTHEAST BOUNDARY LINE OF LOT 5, THE
SOUTHWEST BOUNDARY LINE OF A CIO' WIDE EASEMENT FOR
RAILROAD, S 61° 30' E 177 FEET TO THE MOST EASTERLY
OR NORTHEAST CORNER OF LOT 5 AND THE NORTHEAST CORNER
OF THIS TRACT.
THENCE WITH THE SOUTHEAST BOUNDARY LINE OF LOT 5,
S 290 w 75 FEET TO THE SOUTHEAST CORNER OF THIS TRACT.
THENCE PARALLEL WITH AND 751 NORMAL TO THE NORTHEAST
BOUNDARY LINE OF LOT 51 N 61' 301 W 177 FEET TO THE
NORTHWEST BOUNDARY LINE OF LOT 5 FOR THE SOUTHWEST
CORNER OF THIS TRACT.
THENCE WITH SAID BOUNDARY LINE N 29° E 75 FEET TO THE
POINT OF BEGINNING.
IT BEING THE INTENTION OF THE CITY OF CORPUS CHRISTI TO HEREBY
AND FOREVER DISCLAIM ANY RIGHT OR CLAIM TO PUBLIC USE IN SUCH TRACT;IN
NO WAY,HOWEVER,FURTHER ALTERING THE EXISTING PLAT OF LOT 5, BLOCK 2,
MOORHOUSE INDUSTRIAL SUBDIVISION, AS IT PRESENTLY APPEARS OF RECORD
AT VOLUME 33, PAGE 96 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS.
EXECUTED THIS THE DAY OF , 1970-
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
BY
R. MARVIN TOWNSEND
CITY SECRETARY CITY MANAGER
APPROVED:
DAY OF MAY, 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, 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 AS THE ACT AND DEED OF THE CITY OF CORPUS CHRISTI, TEXAS.
MAY, 1970.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
Corpus Christi, Texas
cg�2_V4C-day of , 1970
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,
/
-J mil
YOR
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 fo owing vote:
Jack R. Blackmon �� L
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases �J
Ken McDaniel
W. J. !'Wrangler" Roberts
Ronnie Sizemore
Y: