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Home My WebLink About11252 ORD - 01/10/1973JRR:HG:e:1/10/73 1st AN ORDINANCE VACATING AND ABANDONING, TO THE ABUTTING PROPERTY OWNERS, AN EASEMENT HERETOFORE OWNED BY HUMBLE PIPE LINE COMPANY AND SUBSEQUENTLY ASSIGNED TO THE CITY OF CORPUS CHRISTI, AS IT PERTAINS TO LOTS 17, 18, 19, 20 & 21, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS IN THE COUNTY OF NUECES, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF SAID EASEMENT, A COPY OF WHICH RELEASE IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • 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 owners all right and interest the City of Corpus Christi has acquired in an easement heretofore owned by Humble Pipe Line Company and subsequently assigned (by instrument dated January 9, 1969, recorded in Vol. 1319 at pages 249 -258) to the City of Corpus Christi, across Lots 17, 18, 19, 20 & 21, Section 18, Flour Bluff & Encinal Farm & Garden Tracts in Nueces County, Texas. SECTION 2. That the City Manager is hereby authorized to execute a release of said easement, a copy of which release is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 3. The necessity to authorize the aforementioned release of easement at the earliest possible date creates a public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that said 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 /Q_.�tk day of January, 1973 ATT r City Se re ry APPROVED; JANUARY 10, 1973: Citty Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 1252 0fRR:IiG:e:1/10/73 lst RELEASE THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THAT WHEREAS, by instrument dated June 18, 1959, recorded in Volume 860, pages 225 -241 of the Nueces County Deed Records, Ed. P. Williams, V. L. Rossi, Howard P. Faulk, G. R. Swantner, Sr. and Hulen H. Hunt granted to Humble.Pipe Line Company a right -of- way and easement through and across Lots 17, 18, 19, 20 & 21, Section 18, Flour Bluff & Encinal Farm & Garden Tracts Subdivision in Nueces County, Texas; and WHEREAS, by instrument dated January 9, 1969, recorded in Volume 1319, pages 249 -258, the above referenced right -of -way and easement was sold, transferred, assigned and conveyed to the City of Corpus Christi; and WHEREAS, said right -of -way and easement is not now needed by the City of Corpus Christi, nor'will it be needed in the fore- seeable future, as a pipeline easement, and it is the desire of the City of Corpus Christi to release only its rights acquired under the aforementioned assignment an d abandon the same to the owners of the abutting property: NOW, THEREFORE, the City of Corpus Christi, Texas, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby RELEASE and QUITCLAIM unto the abutting property owners all its rights, title or interest in and to that certain right -of -way and easement described above, as acquired by assignment from Humble Pipe Line Company, through and across the following described property: Lots 17, 18, 19, 20 & 21, Section 18, Flour Bluff ,and Encinal Farm and Garden Tracts Subdivision in the County of Nueces, State of Texas. The execution of this instrument shall in no way affect any other rights the City of Corpus Christi has or may have in and to the above described property, or any utility easements, ,/--,r e/r -f "" 4 • and shall apply only to the rights acquired by virtue of the above described instrument of assignment dated January 9, 1969. This release and all terms and provisions hereof shall be binding upon and inure to the benefits of the parties hereto, their heirs, administrators, successors and assigns, and shall constitute a covenant running with the land. EXECUTED this day of January, 1973. CITY OF CORPUS CHRISTI ATTEST: By City Secretary R. Marvin Townsend, City Manager APPROVED: 10TH DAB OF JANUARY, 1973: C' = y Att ney ' THE STATE OF TEXAS X COUNTY OF NIJECES X BEFORE' ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal 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, 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 January, 1973. Notary Public in and for Nueces County, Texas. s CORPUS CHRISTI, TEXAS „/0 -tk DAY OF , 19-2—a 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; 1, 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, 'NAYOWrojeq THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES RONNIE StZEMORE - - CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M. D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. Y J. HOWARD STARK 1 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING RONNIE SIZEMORE CHARLES A. BONNIWELL / ROBERTO BOSQUEZ, M.D. "REV. HAROLD T. BRANCH THOMAS V. GONZALES / GABE LOZANO, SR. J. HOWARD STARK