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Home My WebLink About12403 ORD - 12/18/19740 JRR:jkh:hb:12 /16/74:lst AN ORDINANCE AUTHORIZING THE GRANTING OF A DRAINAGE EASEMENT TO WILLIAMS C. CUNNINGHAM ALONG LOT 1, BLOCK 3, ALTA VISTA CLIFFS ADDITION, AND ALONG THE EASTERLY ADDITION OF ROPES PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR CONSTRUCTION OF A PRIVATE STORM SEWER FROM THE CUNNIGHAM PROPERTY TO THE SEAWALL, AS MORE PARTICULARLY SET FORTH IN THE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there is hereby authorized the granting of a Drainage Easement to Williams C. Cunningham along Lot 1, Block 3, Alta Vista Cliffs Addition, and along the easterly addition of Ropes Park, in the City of Corpus Christi, Nueces County, Texas, for construction of a private storm sewer from the Cunningham property to the seawall, as more particularly set forth in the Easement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the granting of the • aforesaid easement in order to provide more adequate drainage 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 Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the Af day of December, 1974. ATTEST: Secrethry MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _DAY OF DECEMBER, 1974: 1�_Iuwi Ala, =a. 'ASSTCity Attorney 12403 r � DRAINAGE EASEMENT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NOECES T THAT the City of Corpus Christi, acting by and through its duly authorized agent, R. Marvin Townsend, for and in consideration of the sum of one dollar and other consideration in hand paid by the grantee, the receipt of which is hereby acknowledged, have granted and conveyed, and by these presents do grant and convey unto Williams C. Cunningham, owner of Lot 2, Block 2, Alta Vista Cliffs, City of Corpus Christi, Texas, his successors, heirs and assigns the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas for the purposes stated below, and being described as follows: Beginning at a point in the east right of way line of Ocean Drive at a point which is the Northwest corner of Lot 2, of Block 2, Alta Vista Cliffs Addition as recorded in Volume 4, Page 14, Map Records of Nueces County, Texas; Thence along a line being the northerly lot line of said Lot 2, and commencing in an easterly direction a distance of sixty feet to a point, said point being the beginning point of said drainage easement; Thence northerly perpendicular to the said Lot 2 lot line a distance of ten feet to a point inside Lot 1, Block 2, Alta Vista Cliffs, as recorded in Vol. 4, Page 14, Map Records of Nueces County, Texas; Thence easterly parallel to the common lot line of Lots 1 and 2 to the water's edge and a concrete sea- wall on Corpus Christi Bay a distance of approximately one hundred fifty feet to a point; Thence southerly along the water's edge and east lot line of Lot 1, a distance of ten feet to a point which is the common corner of Lots 1 and 2, more particularly described as the northeast corner of Lot 2; Thence westerly along the common lot line of Lots 1 and 2, a distance of approximately one hundred fifty feet to a point on the common lot line, said point also being the point of beginning of said drainage easement, and containing fifteen hundred square feet (1500 S.F.) more or less. A map of which is marked "Exhibit A ", and attached hereto and made a part hereof for all purposes. C: Together with the free ingress, egress, and use to and for the use of grantee for the purpose of constructing or laying a storm sewer line, and for the purposes of maintaining, servicing, repairing, and inspecting said line under, on, and along said tract. The size of said storm sewer line, along with location within the easement, materials of construction, etc, will be approved by the Director of Engineering and Physical Develop- ment. TO HAVE AND TO HOLD, all and singular, the rights and privi- leges aforesaid to grantee, his successors, heirs and assigns, for the proper use as a drainage easement for so long as used for such purpose, and if the use for said easement and way of said uses be ever abandoned, then, in that event, the aforesaid rights and privileges stated herein shall cease. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1974. ATTEST: City Secretary APPROVED: DAY OF , 1974: City Attorney STATE OF TEXAS X COUNTY OF NDECES X CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager 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 . 1974. Notary Public in and for Nueces County, Texas -2- The above GRANT AND EASEMENT is hereby ACCEPTED this the day of , 1974, by Williams C. Cunningham and said Williams C. Cunningham agrees to keep and perform the conditions imposed by said grant and easement and that he is bound by all of the terms of the same. Williams C. Cunningham STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Williams C. Cunningham, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of . 1974. Notary Public in and for Nueces County, Texas • Corpus Christi, Texas _ • day of X �(X C� 19 l 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. Respectfull MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark • I I � CITY OF CORPUS CHRIS DEPARTMENT OF ENGINE PHYSICAL DEVELOPMENT. /l/r RIGHT OF WAY/ EASEMENT ACQUISITION. doc. OWNER : /.La Oi /OrOJS C7�i"/i: DESCRIPTION: Orw!7� "" �oy�rn�nr PROJECT: DATE: 44911 . V,/9y-;4 SCALE: / _eO' BY: 12- a , .425; la, ,r/. C. T A- �. 'max Ni ,0i7- 4