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Home My WebLink About12621 ORD - 05/28/1975G MIM:vp:5 /27/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRER40T WITH THE ESTATE OF J. L. SCOGIN, DECEASED, TO TEMPO- RARILY PARTIALLY CLOSE AN EASEMENT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID EASEMENT BEING DESCRIBED MORE FULLY IN DEED OF RECORD IN vOLUME 841, PAGE 601, DEED RECORDS OF NUECES COUNTY , TEXAS, THE TERMS AND CONDITIONS OF SAID AGREEMENT BEING IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. WHEREAS, by voluntary conveyance dated February 13, 1959, the Estate of J. L. Scogin, Deceased, acting by and through its Independent Executors, conveyed certain land and premises to the City of Corpus Christi, designated as Tract A and Tract B and located in Nueces County, Texas, between Kosar Road and State Highway No. 44, for use as a part of the Airport which the City of Corpus Christi now operates and known as Corpus Christi International Airport, which Deed is of record in Volume 841, page 601, of the Deed Records of Nueces County, Texas, and which record is made a part hereof for descriptive purposes; and WHEREAS, there was reserved to the Grantors an easement in the following terms: "(B) There is further hereby reserved to Grantors an easement, for vehicular or pedestrian traffic, for ingress and egress to lands of Grantors not conveyed, a strip fifty feet in width and abutting and contiguous with the West boundary lines of the tracts herein conveyed and described above, which access easement cannot and shell not be closed except by the joint agreement of Grantors and Grantee, their heirs, successors or assigns." and I?HEREAS, it is convenient for the said 50 -foot wide easement for vehicular or pedestrian traffic to be temporarily partially closed: NOW, THEREFORE, 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 an agreement with the Estate of J. L. Scogin, Deceased, to tempo- rarily partially close an easement at the Corpus Christi International Airport, said easement being described more fully in Deed of record in 4 12621 Volume 841, page 601, of the Deed Records of Nueces County, Texas, the terms and conditions of said agreement being in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid agreement in order to enclose the Corpus Christi International Airport, as. required by the Federal Aviation Administration, 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 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 / fr and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _Zd day of May, 1975• ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: C9 DAY OF MAY, 1975: ActiAttorney jkh:5- 23 -75; 1st AGREEMENT THE STATE OF TEXAS II COUNTY OF NUECES WHEREAS, by voluntary conveyance dated February 13, 1959, the Estate of J. L. Scogin, Deceased, acting by and through its Independent Executors, conveyed certain land and premises to the City of Corpus Christi, designated as Tract A and Tract B and located in Nueces County, Texas, between Kosar Road and State Highway No. 44, for use as a part of the Airport which the City of Corpus Christi now operates and known as Corpus Christi International Airport, which Deed is of record in Volume 841, page 601, of the Deed Records of Nueces County, Texas, and which record is made a part hereof for descriptive purposes; and WHEREAS, there was reserved to the Grantors an easement in the following terms: "(B) There is further hereby reserved to Grantors an easement, for vehicular or pedestrian traffic, for ingress and egress to lands of Grantors not conveyed, a strip fifty feet in width and abutting and contiguous with the West boundary lines of the tracts herein conveyed and described above, which, access easement cannot and shall not be closed except by the joint agreement of Grantors and Grantee, their heirs, successors or assigns." WHEREAS, one Pat McDonough is Lessee and engaged in farming a portion of the said municipal airport property as well as a portion of the adjoining property belonging to the said Estate of J. L. Scogin, Deceased, and it is convenient for the said easement for vehicular or pedestrian traffic fifty feet in width and described in the paragraph above quoted from said conveyance to be temporarily partially closed and the City of Corpus Christi and the said Estate of J. L. Scogin, Deceased, acting by and through the Independent Executors thereof, have agreed to the temporary partial closing of said easement by putting gates at the North and the South ends of said easement and a fence on the West side of said easement and having locks on said gates with keys furnished to the said Estate of J. L. Scogin, Deceased, and its tenant above named; IT IS FURTHER AGREED that upon written notice of the said Estate of J. L. Scogin, Deceased, and its successors in ownership of the land now belonging to the Estate of J. L. Scogin, Deceased, and abutting the land of the City of Corpus Christi described in said Deed of February 13, 1959, above referred to, said Estate and the successors have and reserve the right to terminate this agreement by written notice directed to the City Manager of the City of Corpus Christi, Texas, at the City Hall, Corpus Christi, Nueces County, Texas, by registered or certified mail, and to enforce the original provisions of said Deed reserving said easement above mentioned and enforce the same as though this temporary closing by gates and fence of said easement had not occurred. IT IS AGREED that the mutual agreements hereof is consideration for this agreement between the parties hereto and that the same shall be in effect unless and until terminated as herein provided. WITNESS OUR HANDS this the day of 1975. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF MAY, 1975: Acting City Attorney ESTATE OF J. L. SCOGIN, DECEASED By. Annie Josephine Scogin, Independent Executor THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally ap- peared R. MARVIN TOWNSEND, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Corpus Christi, Texas, a municipality, and that he executed the same as the act of such municipality 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 May, 1975. Notary Public in and for Nueces County, Texas -2- THE STATE OF TEXAS �. COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ANNIE JOSEPHINE SCOGIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she had signed the same'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 1975. Notary Public in and for Nueces County, Texas CORPUS CHRISTI, TEXAS r DAY OF , 19 / 7 J r TO THE MEWERS 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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE