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HomeMy WebLinkAbout02010 ORD - 12/31/1946.'N No A 0 f 0 1:L— uici OF uUou'U6 jai:j 11TI; AND DECLARING AN EMERGENCY. 41i;:;k�,o, uz:der the ori6jila-1 i5ayfron-t Improvement !,!an for —ac of Corpus ; 1jristi, Te-a�, j� "as Oon�6Lpj�ed Tija� he , •L, - spective owners of -Irac',;b ul: land had -1L) be filicd with hyuraalic Ell! would Used to the said City their riparian rip hts incident to un-air ovjnersnip of such tracts, in ounsil'oration ivaeroof tae said City ;'Ouid convey 11-0 6uQ4 oVinars the title tc, artificially filled land creates on their respective tracts; and it was further contemplated under such Plan that in the event paV1116 VILLE; thereafter laid down oil such artificiaiiy Pilled land the said respective owners should bear chair prorata share of the costs thereof; and 4HuA&C S, on or about the 28th day of May, 194'U-, Caroline a wiac., �—u . aid Ji Ly, cxunan6acl ozi-veyancos -w '-'Qn related the IL?IiowiagL described tract and which were designed to couswaL,.,te said ilan as to such tract, by virtue of which said exchange of cc'n- --yUncos there Was created and now exists upon sui-- Lund a lien or ,;narge for the costs of any pavi,,,G that i6ht thereafter be put down on the easterly side tnex-eo.1; and 'ne saki cxcharlbe cl: conveyances was accomplished upon an wiuerstaLdi.L-8 oetw,ejrj she sajLj city wj said UarCIiae ",.Orrjs 'i"t thareaftor S'wnsrs of tracts �f -t�uid situated similarly to her said tl•101, -.I�Uld be dealt ,ith on tje sac, basis as bl-.at Whicl, OLtained .,stc,aen Baia l%li:y Diu '-Wc, as Lucva de"j,lbed; und Said Ylan wras '-'aeica�ter _",jfi3Q -C,- cn(j extent ornery of tra:;ts similariy situa ted br, the: hereinafter de Scribed tr;Lot Oti,n6d by Eiaj,' Ual,ojille Lo.,.ris rl;�juirou, as LL Cbjj- aiLloi, ui' the said City's b0inG ahead with its share �,f carrying out 19 L said Flan, to permit liens or charges to be created against their respective tracts for costs of any paving that might thereinafter be laid down along the easterly side of said tracts; and 4- al'31kS, the existence of said paving lien and charge on said hereinafter described tract of land constitutes a cloud thereon which, in view of the facts and circumstances above recited, it would be iaequitaole for said City to attempt to enforce; NGii, 2hiL (i FCRF, BE IT ORLAIN&) BY T" CITY C( UNC IL OF THE CITY OF CORPUS CEIISTI, TELIL6: SECTION I. The City &anager of the City of Corpus Christi is hereby authorized and empowered to execute, on behalf of the City of Corpus Christi, the following release. -2- COUNTY OF fiUscus Q STATE; OF' TsXAS WHEREAS, the provision contained in conveyance executed by the City of Corpus Christi to Caroline Morris, a fame sole, dated May 28, 1940, recorded in Volume 259, page 9 of the deed records of NU9002 County, Texas, to tine effect that in the event Shoreline Drive should thereafter be paved she would pay her prorata share of the cost Of paving the ;pest Drive thereof east of the east line of the premises hereinafter described, ass inserted in such conveyance upon an Under- standing that thereafter the said City, in fulfillment of the original Bayfront improvement Plan, would insert a provision of like effect in oonveyaaces by the City to owners of tracts similarly situated to the promises hereinafter described; and WUSR&AS, said understanding was never carried out because of a modification thereafter made in said Plan; and ';iHIS'U-S, the City Council has duly authorized the City Manager of the City of Corpus Christi to execute to said Caroline Morris, a widow, her heirs and assigns a release of any and all liens or charges that may exist by reason of the aforesaid provision relating to paving; g (X, TUREFORL, UON ALL MEN BY TaSF, PRE8,0TS, that I. Roderic B. Thomas, City Manager of the City of Corpus Christi, acting for and on behalf of such City, have released, quitolaimed, discharged and acquitted, and by these presents do release, discharge and acquit unto the said Caroline Morris, her heirs and assigns any and all paving liens or charges that may exist on the hereinafter described promises by virtue of the pro - visiana of conveyance executed by the City of C¢'pus Christi, Texas, to said Caroline Morris on the 28th day of May, 1940, recorded in Volume 259, Page 9 of the dead records of Mueoes County, Taxas7 88IEG a tract of land lying between Ocean Drive (Water Street) and Shoreline Boulevard bounded on the north by the Dave Zweig Tract and bounded on the south by the Roy Miller Tract and being a part of Section 2 of the Rayne Tract on South Bluff; beginning at a point in the north property line of the Caroline korris Tract and the south property line of the Dave Zweig tracts said point of beginning bears north 800 451 00" east 53.30 feet from the intersection of said north property line of the Mrs. Caroline Morris Tract and the center line of Ocean Drive (Water Street); thence north 800 451 east 213.20 feet with the north property line of Mrs. Caroline Morris Tract and the south property line of the Lore Zweig Tract to a point in the west property line of Shoreline Boulevard for a corner] thence south ilo Oil 00" most 62.89 feet with the western property line of Shoreline Boulevard to a point for a corner] thence south 20 241 30" cost 112.48 feet with the west property line of Shoreline Boulevard to a point for a corner in the south property line of the 'firs. Caroline Morris Tract and the north property line of the Roy Uiiler Tract; theme south 810 45' 4h" west 201.0; feet with the south property line of the Mrs. Caroline Morris Tract and the north property line of the Roy 'Aller 'Tract uo a point in said line for a corner; thence north 20 241 30" west 156.44 feet with a line that is 20 feet east of and parallel to the east property line of Oosan Drive {mater Street) to a point for a corner; thence north 110 01, east 12.58 feet with a line that is 20 feet east of and parallel to the east property line of Ocean Prive (:"titer :.trzet) to the place of 'beginninj . SAVE AY31) ERCSPT that portion alroady owned b� Vfs. Caroline ;,'.orris es .:ascribed in deed dated :;ovenber 20, 1923, recorded in Volume 1L14, pane 257 of the deed recores of I {ueces C 'our:ty, 'texas. CITY OP COftPIIS CHRISTI, TEXAS BY Roderic B. Thomas, City Yen& ger 6T�Et"+T r City Secretary APPROVED: My Attorney STATE OF TZW Q COUNTY OP BURGS BEFORE LE, the undersigned authority, on this day personally appeared Roderic B. Thomas, ]mown to me to be the person whose name is subscribed to the forofoing ivatrument as City flanuGor of the City of Corpus Christi, Texas, and acknowledged to me that he executed the same as the act and deed of said City and under the seal thereof, and in his official capacity as stated, and for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of , 1946. —' Notary b c n an cr Ruses$ County, Texas SECTION 2. The fact that the above described premises are involved in an estate, the closing of which has been delayed for several months because of the cloud on title existing by reason of said paving lien or charge, and that the City of Corpus Christi has no purpose or desire to attempt to enforce said paving lien or charge, creates a public emergency and an imperative necessity requiring the suspension of the Charter rule 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 throe several meetings of the City Council, and the Yaycr having declared that such public emergency and imperative necessity exist, and 'having requested that such Charter rule be suspended, 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. PASSED and A:- PROVED this � day of , A.D. 19l +6. G r'� R MLYOR City of Corpus Christi, Texas ATTEST: City ecretary APPROVED. Cit to y A rney Corpus Christi, Texas TO THE MWER3 OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency olause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Y J , '�4" City of Corpus Christi, Texas The Charter rule was suspended by the following vote, Robert T. Wilson Wesley E. Beale John A. Ferris George R. Clark, Jr. —(1L e—�� R. R. Henry �(�„sj"- The above ordinance was passed by the following vote; Robert T. Wilson Wesley E. Beale John A. Ferris George R. Clark, Jr. R. R. Henry (L,n "�a /r