HomeMy WebLinkAbout10903 ORD - 06/07/1972JRR /HG /Mc 6/6/72 1ST ti 1.
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A REVOCABLE EASEMENT IN CERTAIN HEREINAFTER DESCRIBED
RIGHT OF WAY IN AIRLINE ROAD TO GREAT WESTERN CORPORA-
TION IN ACCORDANCE WITH THE ATTACHED EASEMENT AND
AGREEMENT WHICH IS INCORPORATED HEREIN BY THIS REFERENCE;
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 AN EASEMENT AND
AGREEMENT IN CERTAIN HEREINAFTER DESCRIBED RIGHT OF WAY IN AIRLINE ROAD TO
eY GREAT WESTERN CORPORATION, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED
HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO EXECUTE THE ABOVE DESCRIBED EASEMENT
AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE
OR RESOLUTION BE PASSED ON THE DATE OF ITS INTRODUCTION BUT 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 DAY OF JUNE, 1972.
ATTEST:
W-14 - _e I
CITY SEC T RY MAYOR
THE CITY OF CORPUS CH 19 I, TEXAS
APPROVED:
-7 411 DA OF JUNE, 1972:
CI ATTORNEY,
10903
JRR /HG /Mc 6/6/72 1sT
EASEMENT AND AGREEMENT
THE STATE OF TEXAS )
)
COUNTY OF NUECES )
WHEREAS, THE CITY OF'CORPUS CHRISTI, TEXAS (HEREIN SOMETIMES CALLED
"CITY ") IS THE PRESENT OWNER OF A RIGHT OF WAY (HEREIN CALLED "RIGHT OF WAY ")
WHICH RIGHT OF WAY IS NOW 8O FEET IN WIDTH, IS FOR AIRLINE ROAD, AND ADJOINS
AND IS CONTIGUOUS TO THE FOLLOWING DESCRIBED PROPERTY:
LOT ONE l�� OF A RESUBDIVISION OF THE WEST ONE -HALF (W /2)
OF LOT 2 AND A PORTION OF LOT 27, SECTION 13, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS, AN ADDITION TO THE CITY
'OF- CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP
OR PLAT THEREOF RECORDED IN VOLUME 21, PAGE 55, MAP RECORDS,
NUECES COUNTY, TEXAS (HEREIN CALLED "PROPERTY "); AND
WHEREAS, GREAT WESTERN CORPORATION, A TEXAS CORPORATION (HEREIN
SOMETIMES CALLED ftGWC ") IS THE PRESENT OWNER OF THE PROPERTY AND DESIRES TO
CONSTRUCT CERTAIN IMPROVEMENTS UPON THE WEST 20 FEET OF THE RIGHT OF WAY.
NOW, THEREFORE, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A
MUNICIPAL CORPORATION DULY INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF
THE STATE OF TEXAS, ITS SUCCESSORS AND ASSIGNS FOR AND IN CONSIDERATION OF THE
SUM OF TEN DOLLARS ($10.00) IN HAND PAID BY GREAT WESTERN CORPORATION, AND
OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH
ARE HEREBY ACKNOWLEDGED, HAS GRANTED AND CONVEYED AND BY THESE PRESENTS DOES
GRANT AND CONVEY UNTO GREAT WESTERN CORPORATION, ITS SUCCESSORS AND ASSIGNS,
THE FREE AND UNINTERRUPTED USE, LIBERTY, PRIVILEGE AND EASEMENT OF GOING IN,
ON, OVER, UNDER AND ALONG THE WEST 20 FEET OF THE RIGHT OF WAY ADJOINING THE
PROPERTY (HEREIN CALLED "EASEMENT TRACT "), TOGETHER WITH THE FREE INGRESS AND
EGRESS TO AND FOR GREAT WESTERN CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR
THE PURPOSE OF CONSTRUCTING, MAINTAINING, REPAIRING AND IMPROVING FENCES,
SIDEWALKS, CURBS, GUTTERS, GATEWAYS AND APPURTENANCES UPON THE EASEMENT TRACT.
PROVIDED, HOWEVER, THAT THIS EASEMENT GRANT MAY BE REVOKED AND
CANCELED AT ANY TIME BY THE CITY BY THE MAILING OF A WRITTEN NOTICE OF TERMINA-
TION TO GREAT WESTERN CORPORATION, WILSON TOWER, CORPUS CHRISTI, TEXAS, 75401,
ATTENTION: PRESIDENT, SUCH NOTICE TO BE MADE BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, AND 120 DAYS AFTER THE RECEIPT OF SUCH NOTICE BY GWC ALL RIGHTS
JRR /HG /MC 6/6/72 2nd
GRANTED HEREUNDER SHALL TERMINATE AND REVERT TO THE CITY. IN THE EVENT OF
TERMINATION OF THIS EASEMENT, GWC, UPON REQUEST BY THE CITY, WILL REMOVE OR
CAUSE TO BE REMOVED, ANY AND ALL FENCES, SIDEWALKS, CURBS, GUTTERS, GATEWAYS
AND APPURTENANCES, OR ANY OTHER IMPROVEMENT PLACED OR CONSTRUCTED ON SUCH
EASEMENT TRACT.
TO* HAVE AND TO HOLD, ALL AND SINGULAR, THE RIGHTS AND PRIVILEGES
AFORESAID TO GWC, ITS SUCCESSORS AND ASSIGNS, FOR THE PURPOSES HEREIN SET
FORTH FOR SO LONG AS USED FOR SUCH PURPOSES OR ANY OF THEM SUBJECT TO ALL
THE TERMS AND CONDITIONS HEREOF AND IF THE USE OF THE EASEMENT TRACT FOR ALL
"'CiF- SUCH "USES'SEVER'SE" PERMANENTLY "NBANDONED,"-THEN`IN'THAT EVENT, SUCH RIGHTS
AND PRIVILEGES SHALL CEASE, AND ALL RIGHTS HEREIN GRANTED SHALL REVERT TO
THE CITY, ITS SUCCESSORS AND ASSIGNS, WITHOUT LIMITATION UPON THE TERMS AND
CONDITIONS HEREOF.
DATED THIS DAY OF JUNE, 1972.
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS
BY
R. MARVIN TOWNSEND, CITY MANAGER
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MT I A NEY�
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, NUECES COUNTY,
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, IN THE CAPACITY STATED, AND AS THE ACT AND
DEED OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY,TEXAS.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF JUNE, 1972.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
-2-
4
JRR /HG /Mc 6/6/72 1ST
AGREED TO AND ACCEPTED THIS DAY OF 1972.
GREAT WESTERN CORPORATION
BY
PRESIDENT
THE STATE OF TEXAS )
COUNTY OF NUECES )
BEFORE MEN THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
OF GREAT WESTERN
CORPORATION, A 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 OF SAID CORPORATION, IN THE CAPACITY THEREIN
STATED, AND FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE] THIS THE DAY of
, 1972.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
CORPUS CHRISTI, TEXAS
DAY OF �9-2--7,
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.
ESPEC ULLY,
v
MAYOR
THE CITY OF CORPUS C ISTI,, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE I
CHARLES A. BONNIWELL
a
ROBERTO BOS4UEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES K V�
GABE LOZANO, SR.. / /�`
J. HOWARD STARK VVVV
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D. Y��ay—n --//
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK