HomeMy WebLinkAbout10530 ORD - 10/20/1971., w[1 JK11:10 -18 -71
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A 15 -FOOT
UTILITY EASEMENT AND A 25 -FOOT TEMPORARY CONSTRUCTION
EASEMENT, BEING PARCEL NO. 3, PROJECT NO. 250 -70 -80.4,
WESTERN HILLS SANITARY SEWER IMPROVEMENTS, A COPY OF
SAID EASEMENT, MARKED EXHIBIT "A ", BEING ATTACHED HERETO
AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $100
OUT OF NO. 250 SANITARY SEWER BOND FUND FOR THE ACQUISITION
OF THE AFORESAID PARCEL FROM ELSIE E. SHOLARS, OWNER; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED
TO EXECUTE A 15 -FOOT UTILITY EASEMENT AND A 25 -FOOT TEMPORARY CONSTRUCTION
EASEMENT, BEING PARCEL NO. 3, PROJECT N0. 250 -70 -30.4, WESTERN HILLS SANITARY
SEWER IMPROVEMENTS, SAID PARCEL BEING DESCRIBED AS FOLLOWS:
Being a 15 foot wide strip of land out of Share I & II, C. C. Hart Partition
as recorded in Vol. 2.93, Page )125 Decd Records of Plueces County, Texas, and
by Map of "Partition of the lands of the estate of C. C. Hart, deceased"
recorded in Vol. 239, Page 24, Deed Records of Nu.ces Cowity, Texas, and
being more particularly described as follows:
Beginning at a point in the Southwest Right -of -Way of Texas State Highway ��
(Leopard Street) being the Northeast corner of said Share II; Thence S. 18
10' 11. with the most Northerly Southeast line of said Share II, a distance
of 1216.3 feet to a point; Thence S. 220 05' W. with the most Southerly South-
east line of said Share II approximately 320 feet to a point for the beginning
point of the centerline description of this easement;
This easement centerline then bears approximately S. 700 W. approximately 275
feet and N. 500 W. approximately 200 feet, along a natural ravine, to a point
in the West boundary line of said Share I for the ending point of the center-
line of this easement. Said end point bears S. 100 29' W. a distance of 1539.6
feet and S. 400 14' L. approximately 160 feet, from the most Northerly corner
of said Share I in the Southwest Right -of -Way line of Highway #9.
This temporary utility easement shall remain in full force and effect for the
purpose of the City constructing, operating and maintaining utility lines
within this easement until said property over which it passes, is platted and
filed for record, showing a permanent utility easement on said plat, all in
accordance with the platting ordinance of the City of Corpus Christi, Texas.
Also granted is a temporary construction easement 25 feet wide parallel and
contiguous with the 15 foot utility easement north of said easement. This
construction easement shall terminate upon the completion and acceptance by
the City of the sanitary sewer to be constructed in the easement but not later
than September 1, 1972.
10531
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE N0. 250
SANITARY SEWER BOND FUND THE SUM OF $100 FOR THE ACQUISITION OF THE AFORE-
SAID PARCEL FROM ELSIE E. SHOLARS, OWNER.
SECTION 3. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
SAID EASEMENT AND TO APPROPRIATE THE NECESSARY SUMS FOR THE ACQUISITION
THEREOF IN ORDER THAT THE SANITARY SEWER IMPROVEMENT PROJECT.MAY CONTINUE
WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY CN 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,4?4y / DAY OF OCTOBER, 1971.
ATTEST:
r O
CITY SECRETARY MAYOR
APPROVED:
d /// THE CITY OF C PU CHRISTI, TEXAS
/ %sY
DAY OF OCTOBER, 1971
TiTY ATTORNEY ��
UTILITY rASCMMT
THE STATE OB' T7•DCAS
KNOW ALL MEN DY THESE PRP;81MTS:
COUNTY OF NUECES
t ,
THAT r1sie P. Sholars
of the County
of Los Angeles, State of California a for an in consideration of the sum of
0PII3 (la. 00) DOLLAR to me in hand paid by the City of Corpus
Christi, Nucces County, Texas, the receipt of which is hereby acknowledged, have
granted and conveyed, and by these presents do grant and convey unto the City of
Corpus Christi, Texas, a municipal corporation duly incorporated under and by
virtue of the laws of the State of Texas, its successors and legal representatives
the free and uninterrupted use, liberty, privilege, and easement of going in, on,
over, under, and along a certain tract of land situated in Nucces County, Texas
and being described as follows:
Being a 15 foot wide strip of land out of Share I & 11, C. C. ]Tart Partition
as recorded in Vol. 293, Pale 425 Deed Records of Nueces Cotmty, Texas, and
by Map of "Partition of the .lands of the estate of C. C. Bart, deceased"
recorded in Vol.. 239, Page 2h, Deed Records of Nu:ces County, Texas, and
being more particularly described as follows:
Beginning at a point in the Southwest Right -of -Way of Texas State Highway
(Leopard Street) being the Northeast corner of said Share II; Thence S. .1.8
10' W. with the most Northerly Southeast line of said Share II, a distance
of 1216.3 feet to a point; hence S. 22° 05' W. with the most Southerly South-
east line of said Share II approximately 320 feet to a point for the beginning
point of the centerline description of this easement;
This easement centerline then bears approximately S. 700 W. approximately 275
feet and N. 500 W. approximately 200 feet, along a natural ravine, to a point
in the l•lest boundary line of said Share I for the ending point of the center-
line of this easement. Said end point bears S. 1.00 29' W. a distance of 1539.6
feet and S. 1100 14' I,. approximately 160 feet, from the most Northerly corner
of said Share I in the Southwest Right -of -Way line of Highway 1/9.
This temporary utility easement shall remain in full force and effect for the
purpose of the City constructing, operating and maintaining utility lines
within this casement until said property over which it passes, is platted and
filed for record, shooing a permanent utility easement on said plat, all in
accordance with the platting ordinance of the•City of Corpus Christi, Texas.
Also granted is a temporary construction easement 25 feet wide parallel and
contiguous with the 3.5 foot utility easement north of said easement. This
construction easement shall terminate upon the completion and acceptance by
the City of the sanitary sewer do be constructed in the easement but not later
than September 1, 1972.
together with the free ingress, egress, and regress to and for the City of Corpus
Christi, Texas for the purpose of constructing, laying, and keeping public utility
lines, and for the purposes of maintaining, scrvicin<<,'repairing, and inspecting
said .litics under, on, and along raid tract.
TO HAVE AND TO 1101D, ALL AND SING'UId1R, the rights and. privileges aforesaid
to the City of Corpus Chrinti, Texas, its successors and legal representatives, for
the proper use as a utility casement and utility right -of -way, for so long as used
for such purpose, and if the use for said casement and way of said uses be ever
'abandoned, then in that event, the aforesaid rights and privileges shall. cease.
WITNESS HAND this the day of ,
19
Elsie E. Sholars
THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
BEFORE ME, the undersigned authority, a Notary Public in and for Nueces
County, Texas, on this day personally appeared Elsie 1 . •0101 ,r• s ,
loioi,m to no to be the person whose name is subscribed to the foregoing instrumcnt,
and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
Given under any hand and seal of office this day of
, 19 -
Notary Public in and for Los Angeles County, Calif.
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
and ,
his wife, both krocm to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they each executed the same for the
purposes and consideration therein expressed, and the said ,
wife of the said , having been examined by me privily and
apart from her husband, acknowledged such instrument to be her act and deed, and
declared that she had willingly signed the same for the purposes and consideration
therein expressed, and that she did not wish to retract it.
GIVF,N under my hand and seal of office, this day of
19
Notary 1'iblic in and for PJueces County, 'Texas
PW2 -2
Accepted for the City o1' Corpus Chris Li, a Municipal Corporation and
body politic under the laws of the State of Texas, this
day of 197__,
R. Marvin Townsend
City Manager
CITY OP CORPUS CHRISTI
ATTEST:
ICY:
x City Secretary
APPROVED AS TO LEGAL FlOM1 THIS
/el"- day of 6�s i 197L—.
q'.iC��•:
City Attorn
I
THE STATE OF TT�CAS
COUNTY OP NUECES ,
Before me, the undersigned authority on this day personally appeared
City Mana;er of the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, known 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 the 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 day of
19
Notary Public in and for Nueces County, Texas
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21) F
October 15, 1971
• 4ts,i� 1 .
I certify to the City Council that $ 100.00 , the amount required v
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No, and Name 250 Sanitary Sewer Bond Fund
Project No. 250 -70 -80.4
Project Name Western Hills Sanitary Sewer Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
- V
Director £ inance
IQ
FIN 2 -55
Revised 7 -31 -69
A
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI) TEXAS
DAY OF �" C•C�e�u[- '��- 19 ! Z `
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 . I
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.
R CTFULLY,
&VL
(MAYOR c �L
THE CITY OF CORPUS H ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL C.
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH �-
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARKX�
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL _-
ROBERTO BOSQUEZ, M.D. �c
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR. L..�_•
J. HOWARD STARK