HomeMy WebLinkAbout10185 ORD - 03/24/1971Z
3/17/71:e-
v,
AN ORDINANCE=
i
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
INSTRUMENTS, IN THE FORM ANNEXED HERETO, GRANTING
REVOCABLE EASEMENTS TO E. C. PETERSON, TR., CHRIS -RAE
CORPORATION, AND PETERSON PROPERTIES, INC., ON LOTS
1 -20, BLOCK 15, CUIPER = ADDITION, AND LOTS 1 AND 2,
BLOCK 2, CUIPER ADDITION, IN THE CITY OF CORPUS CHRISTI,
FOR THE USE OF A PORTION OF AYERS STREET RIGHT -OF -WAY,
ADJACENT TO PORTAIRS SHOPPING CENTER, FOR PARKING
PURPOSES, CONTINGENT UPON THE DEDICATION TO THE CITY BY
E. C. PETERSON, TR., OF THE LAND IN BLOCK il5 %, CUIPER
ADDITION NECESSARY FOR THE WIDENING OF HORNE ROAD, ALL
AS IS MORE FULLY SET OUT IN INSTRUMENTS GRANTING THE
AFORESAID REVOCABLE EASEMENTS; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE DEDICATION OF THAT LAND IN BLOCK
15, CUIPER ADDITION, NECESSARY FOR THE WIDENING OF
HORNE ROAD; 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 to execute, for and on behalf of the City of Corpus
Christi, the necessary instruments, in the form annexed hereto,
granting revocable easements to E. C. Peterson, Tr., on Lots 1 -12,
Block 15, Cuiper Addition, Chris -Rae Corporation on Lots 13 -15,
Block 15, Cuiper Addition, Peterson Properties, Inc., on Lots 16 -20,
Block 15, Cuiper Addition, and to Chris -Rae Corporation on Lots 1
and 2, Block 2, Cuiper Addition, all in the City of Corpus Christi,
for the use of a portion of Ayers Street right -of -way for parking
purposes. Said grants of revocable easement are contingent upon
the dedication by E. C. Peterson, Tr., of the right -of -way necessary
out of Block 15, Cuiper Addition, for the widening of Horne Road,
all as is more fully set out in the Revocable Easement granted to
E. C. Peterson, Tr., in the form annexed hereto.
SECTION 2. That the City Manager be authorized to accept,
for and on behalf of the City of Corpus Christi, a dedication of
the land necessary out of Block 15, Cuiper Addition, for the widening
of Horne Road.
SECTION 3. The necessity to execute the aforesaid instruments
at the earliest possible date, so that the proposed improvements of
Ayers Street and Horne Road may proceed, creates a public emergency
and an imperative public necessity requiring the suspension�eof the
10185
f
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, and
having requested the suspension of the Charter rule 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 �2//Q.,day of March, 1971.
ATTES
7 " ,�
City Secre a - OR
/ THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
17TH AY OF , 1971:
'5jIty Attorney
REVOCABLE EASEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
That the City of Corpus Christi, acting by and through its
duly authorized City Manager, R. Marvin Townsend, for and in
consideration of the sum of One Dollar ($1.00) to it in hand paid
by ,
the receipt of which is hereby acknowledged, has granted, sold and
conveyed and • by -these =presents does =grant, sell and convey, upon
the conditions hereinafter stated, unto said
the right to use, for parking purposes,
that portion of Ayers Street right -of -way described as follows:
as shown on the sketch attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the said
successors and assigns, together with
the right and privilege under the conditions and terms hereof, at
any and all times to enter upon the above described right -of -way for
the purpose of developing and maintaining a parking area, and it is
furthar understood that the foregoing easement and right is granted
upon the following conditions:
1. It is understood and agreed that the easement hereby
granted may be revoked at any time by the City of Corpus
Christi.
2. That the Grantee herein will save and hold harmless the
City of Corpus Christi from any and all claims for lia-
bility by reason of the improvement, use of and maintenance
of said right -of -way for a parking area.
3. That the use of said area hereby granted shall in no
way interfere with the operation by the City of any
utility lines or the maintenance thereof.
4. The use by the Grantee shall be limited to that portion
of Ayers Street right -of -way which is in back of the
header curb to be constructed by the City, and is to be
used as a parking area only.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused
these presents to be executed on this the day of ,
1971.
ATTEST:
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
24T DAY MA H, 1971:
ty At orney
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, known to me to be the City Manager of
the City of Corpus Christi, Texas, and the same person who signed
the foregoing instrument and acknowledged to me that he executed the
same as the act of the City of Corpus Christi, and as City Manager
thereof, for the purposes and considerations therein expressed.
Given-under my hand and seal of office, this the day
of , 1971.
Notary Public, Nueces County, Texas
The above grant of easement is hereby accepted this the
day of , 1971, by the said
and said Grantee agrees to keep and
perform the-conditions imposed by said grant and easement and it is
bound by all of the terms of the same.
ATTEST:
By
Secretary James D. Peterson, President
-2-
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared JAMES D. PETERSON, President of
known to me to be the person who signed the above instrument and he
acknowledged to me that the same was executed for the purposes and
consideration therein expressed, and in the capacity-of President
of said corporation.
Given under my hand and seal of office, this the day
of , 1971.
Notary Public, Nueces County, Texas
!• jai •
Q�� o
AYc s rick of -r w. to Sr.
'+n Back 0/ sw. 70 /p
,,� /07078 R'op. °;� ---.
--
/'av f'ETLRfOIf
2 FT7 _ \
w I r7 I I �RQr - -r4 r'
I. _-i. i•:I.ii i S.J j i••�ti i•L i`"i .i i.%
Lot
Q
11977'
/0/6.28 Sr.
/93.90'
V.36' �7
Iota/ Area ?07/.3 s F
� d
ive ROQD
see* j0 � Z-17- 71
A.N.
ZO
s#:. s
n.,
Lot
RORD
I I I I
rz A/O/,: sw Z-,Icb
•
50
420'
W7/,3
Q4�r A
I
/070.7,3 ( FroP. 7'ai:/r Ted s. W-
t.� .PI nY P'Er=Rrov
PLIRKIAiG
z
I,�1T i �RAsT¢TT
_. .._ . .��.
.�1-
Lot l
73.3b ,� 119.79' �9i?
sea/c.- /,-!-
30'
°c'
4 ��(/ofe: See skefch fx/oi�
O
/ for R.O. DY. OPia! /r.
/J
j
t..b
C.R•;5�� 7l �
g.
R= 42:0,, i
t = 74:20
Total Flrea 2 07/.3 s F.
2 -17.7/ a.a
DEDICATION AND .REVOCABLE EASEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
That the City of Corpus Christi, acting by and through its
duly authorized City Manager, R. Marvin Townsend, for and in
consideration of the sum of One Dollar ($1.00) to it in hand paid
by i
the receipt of which is hereby acknowledged, has granted, sold and
conveyed and by these presents does grant, sell and convey,.upon
the conditions hereinafter stated, unto said
, the right to use, for parking purposes,
that portion of Ayers Street right -of -way described as follows:
as shown on the sketch attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the said
successors and assigns, together with
the right and privilege under the conditions and terms hereof, at
any and all times to enter upon the above described right -of -way for
the purpose of developing and maintaining a parking area, and it is
further understood that the foregoing easement and right is granted
upon the following conditions:
1. It is understood and agreed that the easement hereby
granted may be revoked at any time by the City of Corpus
Christi.
2. That the Grantee herein will save and hold harmless the
City of Corpus Christi from any and all claims for lia-
bility by reason of the improvement, use of and maintenance
of said right -of -way for a parking area.
3. That the use of said area hereby granted shall in no
way interfere with the operation by the City of any
utility lines or the maintenance thereof.
4. The use by the Grantee shall be limited to that portion
of Ayers Street right -of -way which is in back of the
header curb to be constructed by the City, and is to be
used as a parking area only.
In consideration of the foregoing grant of easement by the
City, E. C. Peterson, Trustee, hereby dedicates to the City of
- Corpus�Christi the land in °Block 15, Cuiper Addition needed by the
City for the widening of Horne Road, said land being described as
follows:
Being a tract of land out of Lot 1, Block 15, and out
of that portion designated as "Public Parking ", Cuiper
Addition, as shown by map of record in Volume 10, page
37, Map Records, Nueces County, Texas, said tract of
land being more particularly described by metes and
bounds as follows:
Beginning at the most easterly corner of said Lot 1, in
the present southwest right of way line of Horne Road
for the most easterly corner of the tract herein described;
Thence S. 281 10' W., with the Southeast boundary line of
said Lot 1, a distance of 3.0 feet for the most southerly
corner of the tract herein described;
Thence N. 53° 00' 41" W., a distance of 73.36 feet to a
point for corner;
Thence N. 500 36' 50" W., with a line that is 6.0 feet
Southwest of and parallel to the present Southwest right -
of -way line of said Horne Road, at 119.79 feet pass the
Northwest boundary line of said Lot 1, in all a distance
of 140.0 feet to a point, the P.C. of a curve;
Thence in a Southwesterly direction with the arc of a
curve to the left whose central angle is 101° 13' 10 ",
and whose radius is 42.0 feet, a distance of 74.20 feet
to a point the P.T. of said curve in the Southeast right -
of -way line of Ayers Street for a corner-of this tract;
Thence N. 280 10' E., with the present Southeast right
of way line of said Ayers Street, a distance of 57.27
feet to a point, at its intersection with the present
Southwest right of way line of said Horne Road;
Thence S. 50° 36' 50" E., with the present Southwest
right of way line of-said Horne Road, at 71.36 feet
pass the most northerly corner of said Lot 1, in all a
distance of 265.06 feet to the point of beginning.*
Containing 2071.3 square feet of land more or less.
-2-
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in any-
wise belonging, unto the City of Corpus Christi, its successors and
assigns forever; and I do hereby bind myself, my successors and
assigns to forever warrant and defend, all and singular the said
premises unto the said City of Corpus Christi, its successors and
assigns, against every person whomsoever claiming or to claim the
same or any part thereof.
WITNESS OUR HANDS, this the day of , 1971.
ATTEST: CITY OP CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
24TH DAY O' A , 1971:
/
ty At orney
E. C. Peterson, Trustee
The above dedication of right- o£- way'is accepted for the
City of Corpus Christi, a municipal corporation and body politic
under the laws of the State of Texas, this day of
1971, by authority of Ordinance No. , dated the day
of , 1971.
R. Marvin Townsend, City Manager
City of Corpus Christi
The above grant of easement is hereby accepted this the
day of , 1971, by the said E. C. Peterson, Trustee,
and said Grantee agrees to keep and perform the conditions imposed
by said grant and easement and it is bound by all of the terms of
the same.
-3-
E. C. Peterson, Trustee
0
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, known to me to be the City Manager of
the City of Corpus Christi, Texas, and the same person who signed
the foregoing instrument and acknowledged to me that he executed
the same as the act of the City of Corpus Christi, and as City
Manager thereof, for the purposes and considerations therein expressed.
Given under my hand and seal of office, this the day
of —1971.
Notary Public, Nueces County, Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared E. C. PETERSON, Trustee, known to me to be the person who
signed the above instrument and he acknowledged to me that the same
was executed 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 1971.
Notary Public, Nueces County, Texas
P
Qa� /
I F
Q ..
AYcfZS tit $�ck axyl /a f ST. N Qick of S.W. k /P
1070.78'i Prop. 7,YS we Tel S.W. ep
T PRRK /1JG f t - - - - -_
(�� Tj 7-7
W 1
zo
fss¢3 z 11�' jo t
� Able: See skefcb be/aw
for R -0 W. Defdi /r.
l�
4�
Lot /
• � 119.79" �! -
73.3C'
i ice/
7/.36' `J
Iota/ Area 20713 s-.,-
z -17 -n 14 ;/.
Corpus Christi, Texas
, -AL d2y of 19 71
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,
<fR HE 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.� e--
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._
Eduardo E. de Ases
Ken McDaniel -�
W. J. "Wrangler" Roberts a-
<-Ax-
Ronnie Sizemore 611 k,-Z7