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HomeMy WebLinkAbout03263 ORD - 05/13/1952'57�2 (,- '3 AN ORDINANCE CLOSING THAT PORTION OF DEMPSEY STREET BETWEEN PORT AVENUE AND THE MISSOURI PACIFIC RAILROAD, A DISTANCE IN EXCESS OF TWO HUNDRED (200') FEET, OF THE JOHN G. HATCH ADDITION TO THE CITY OF CORPUS CHRISTI; AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AND DELIVER A QUIT- CLAIM DEED, TO GUARANTY TITLE AND TRUST COMPANY FOR THE NORTH ONE -HALF 7 2 OF THAT PORTION OF DEMPSEY STREET EXTENDING FROM THE EAST PROPERTY LINE OF PORT AVENUE EASTWARD TO THE WEST LINE OF THE RAILROAD RIGHT OF WAY, FOR AND IN CON- SIDERATION OF SIX HUNDRED DOLLARS ($600.00); AND TO EXECUTE AND DELIVER A QUITCLAIM DEED TO CENTRAL POWER AND LIGHT COMPANY FOR THE SOUTH ONE -HALF (1/2) OF THAT PORTION OF DEMPSEY STREET EXTENDING FROM THE EAST PROPERTY LINE OF PORT AVENUE EASTWARD TO THE WEST LINE OF THE RAILROAD RIGHT OF WAY, FOR AND IN CON- SIDERATION OF SIX HUNDRED DOLLARS ($600.00); AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS BEEN PETITIONED TO CLOSE THAT PORTION OF DEMPSEY STREET LYING BETWEEN PORT AVENUE AND THE MISSOURI PACIFIC RAILROAD, A DISTANCE IN EXCESS OF TWO HUNDRED (2001) FEET, OF THE JOHN G. HATCH ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, NOTICE OF THE PROPOSED STREET CLOSING HAS BEEN GIVEN BY PUBLICATION AND BY MAILING TO THE LAST KNOWN ADDRESS OF ALL OWNERS OF PROPERTY ABUTTING SAID STREET AND WITHIN 450 FEET THEREFROM IN ACCORDANCE WITH THE CITY CHARTER AS PROVIDED IN ARTICLE 11, SECTION 6 THEREOF; AND WHEREAS, SUCH NOTICE HAVING BEEN GIVEN, HEARING WAS HELD ON THE 29TH DAY OF APRIL AT 4 :00 O'CLOCK P.M. IN THE CITY COUNCIL CHAMBER AT THE CITY HALL, AT WHICH TIME AND PLACE ALL PERSONS AND PARTIES INTERESTED AND WISHING TO APPEAR WERE HEARD; AND WHEREAS, THE PUBLIC WELFARE, SAFETY, CONVENIENCE AND NECESSITY WOULD BE BETTER SERVED BY THE CLOSING OF THAT CERTAIN PORTION OF SAID STREET; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: THAT THE FOLLOWING DESCRIBED PORTION OF DEMPSEY STREET, TO -WIT: THAT PORTION OF DEMPSEY STREET LYING BETWEEN PORT AVENUE AND THE MISSOURI PACIFIC RAILROAD, A DISTANCE IN EXCESS OF TWO HUNDRED (200') FEET, OF THE JOHN G. HATCH ADDITION TO THE CITY OF CORPUS CHRISTI BE, AND THE SAME IS HEREBY CLOSED, AND THE DEDICATION THEREOF IS HEREBY VACATED. SECTION 2: THAT UPON PAYMENT TO THE CITY OF THE SUM OF SIX HUNDRED DOLLARS ($600.00) BY CENTRAL POWER AND LIGHT COMPANY AND SIX HUNDRED DOLLARS ($600.00) BY GUA'RAirry TITLE AND TRUST COMPANY, THE ABUT-TING PROPERTY OWNERS, THE CITY OF CORPUS-" - CHRISTI WILL RELEASE, RELINQUISH, AND QUITCLAIM UNTO THE SAID ABUTTING PROPERTY �ac�3 QUITCLAIM DEED THE•STATE OF TEXAS COUNTY- OF NUECES KNOW ALL MEN BY THESE PRESENTS: [ THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION DULY INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, OF NUECCS COUNTY, TEXAS, ACTING BY AND THROUGH W. B. COLLIER, ITS CITY MANAGER, DULY AUTHORIZED BY THE CITY COUNCIL, FOR AND IN CONSIDERATION OF THE SUN OF SIX HUNDRED DOLLARS ($600.00), TO IT IN HAND PAID BY GUARANTY TITLE AND TRUST COMPANY OF THE CITY OF CORPUS CHRISTI, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAVE RELEASED, RELINQUISHED, AND QUITCLAIMED, AND BY THESE PRESENTS DO RELEASE, RELINQUISH ANDFFOREVER QUITCLAIM UNTO THE SAID GUARANTY TITLE AND TRUST COMPANY, ALL ITS RIGHT, TITLE AND INTEREST TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH ONE — HALF (1/2) OF THAT PORTION OF DEMPSEY STREET EXTENDING FROM THE EAST PROPERTY L114E OF PORT AVENUE EASTWARD TO THE WEST LINE OF THE RAILROAD RIGHT OF WAY WITH ALL AND SINGULAR ITS RIGHT, TITLE, INTEREST, ESTATE, CLAIM AND DEMAND IN AND TO THE HEREDITAMENTS AND APPURTENANCES THERETO IN ANYWISE BELONGLNiag TO HAVE AND TO HOLD THE ABOVE RELEASE RIGHTS, TITLES, INTERESTS, CLAIMSAND DEMANDS ` IN AND TO SAID STRIP OF LAND UNTO SAID GUARANTY TITLE AND TRUST COMPANY, ITS SUCCESSORS AND ASSIGNS FOREVER. IN TESTIMONY HEREOF, WITNESSETH'THE EXECUTION HEREOF THIS THE �- DAY OF MAY, A. D. 1952. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY W. B. COLLIER, CITY MANAGER. APPROVED AS TO LEGAL FORM: CITY ATTORNEY THE STATE OF TEXAS COUNTY of NuECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. B. COLLIER, THE DULY AUTHORIZED CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 13 SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE FOREGOING IS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, AND THAT HE EXECUTED SAID INSTRUMENT AS THE ACT AND DEED OF SAID CITY 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, A. D. 1952. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS. QUITCLAIM DEED THE STATE OF TEXAS COUNTY of NUECES KNOW ALL MEN BY THESE PRESENTSz � THAT THE CITY OF CORPUS CHRISTI, texas, A MUNICIPAL CORPORATION DULY INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, OF NUECES COUNTY, TEXAS, ACTING BY AND THROUGH W. B. COLLIER, ITS CITY MANAGER, DULY AUTHORIZED BY THE CITY COUNCIL, FOR AND IN CONSIDERATION OF THE SUM OF SIX HUNDRED DOLLARS ($600.00), TO IT IN HAND PAID BY CENTRAL POWER AND LIGHT COMPANY OF THE CITY OF CORPUS CHRISTI, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAVE RELEASED, RELINQUISHED, AND QUITCLAIMED, AND BY THESE PRESENTS DO RELEASE, RELINQUISH AND FOREVER QUITCLAIM UNTO THE SAID CENTRAL POWER AND LIGHT.COMPANY, ALL ITS RIGHT, TITLE AND INTCREST TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH ONE -HALF (1/2) OF THAT PORTION OF DE14PSEY STREET EXTENDING FROM THE EAST PROPERTY LINE OF PORT AVENUE EASTWARD TO THE WEST LINE OF THE RAILRAOD RIGHT OF WAY WITH ALL AND SINGULAR ITS RIGHT, TITLE, INTEREST, ESTATE, CLA114 AND DEMAND IN AND TO THE HEREDITAMENT$ AND APPURTENANCES THERETO IN ANYWISE BELONGING; TO HAVE AND TO HOLD THE ABOVE RELEASED RIGHTS, TITLES, INTERESTS, CLAIMS AND DEMANDS, IN AND TO SAID STRIP OF LAND UNTO SAID CENTRAL POWER AND LIGHT COMPANY, ITS SUCCESSORS AND A331);NS FOREVER. IN TESTIMONY HEREOF, WITNESSETH THE EXECUTION HEREOF THIS THE _ DAY OF MAY, A. D. 1952. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: ITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI, TEXAS BY W. S. COLLIERp CITY MANAGER BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. S. COLLIER, THE DUL* AUTHORIZED CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION KNOWN TO HE TO BE THE PERSON AND OFFICER WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THE FOREGOING 15 THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, AND THAT HE EXECUTED SAID INSTRUMENT AS THE ACT AND DEED OF SAID CITYFOR 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, A. D. 1952. NOTARY FVSLIC IN AND FOR NUECES VOUNTY, TEXAS OWNERS ALL RIGHT, TITLE AND INTEREST IN AND TO SAID STREET, AND, THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE AND DELIVER A QUITCLAIM DEED RELEASING AND RELINQUISHING TO CENTRAL POWER AND LIGHT COMPANY ALL SAID RIGHT,,TITLE AND INTEREST HERETOFORE HELD BY THE CITY OF CORPUS CHRISTI UPON PAYMENT OF SAID SUM OF SIX HUNDRED DOLLARS ($600.00) TO THE ,CITY OF CORPUS CHRISTI, AND TO EXECUTE AND DELIVER A QUITCLAIM DEED RELEASING AND RELINQUISHING TO SAID GUARANTY TITLE AND TRUST COMPANY ALL SAID RIGHT, TITLE AND INTEREST HERETOFORE HELD BY THE CITY OF CORPUS CHRISTI UPON PAYMENT OF SAID SUM OF SIX HUNDRED DOLLARS ($6700.00) TO THE CITY OF CORPUS CHRISTI, TEXAS, SAID QUIT- CLAIM DEEDS TO BE IN THE FORMS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3: THAT THE FACT THAT PUBLIC CONVENIENCE AND NECESSITY WILL BE BETTER SERVED BY THE CLOSING OF SAID PORTION OF DEMPSEY STREET IMMEDIATELY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF SUCH CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHAL1 BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDfNANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID 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. PASSED AND APPROVED THIS 1. DAY OF MAY, A. D. 1952. e YOR ITY OF CORPUS CHRISTI, TEXAS TEST: ITY SECRETARY , APP OVED AS TO LEGAL FORM: CITY ATTORNEY 3act:73 Corpus Christi, Texas TO VIE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, 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, i MAYOR �vl� City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman .Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson