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Home My WebLink About03322 ORD - 09/23/1952J AN ORDNANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXECUTE A RELEASE OF UTILITY EASEMENT FIVE FEET WIDE AND APPROXIMATELY SEVENTY FEET IN LENGTH, BE- ING THE NORTH FIVE FEET OF THE WEST SEVENTY FEET OF LOT 11 IN BLOCK 9 OF BAY VIEW ADDITION NO. 2 OF CORPUS CHRISTI, TEXAS, FOR AND IN CONSIDERATION OF THE PREMISES UNTO ROSALIE RUSCHHAUPT, GRANTOR THEREOF AND ERNA B. RUDOLPH, PRESENT OWNER THEREOF, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY WHHEREAS, By EASEMENT DATED SEPTEMBER 12, 1942, OF RECORD IN VOLUME 282, PAGE 442 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, ROSALIE RUSCHHAUPT GRANTED TO THE CITY OF CORPUS CHRISTI, AN EASEMENT FOR THE PURPOSE OF LAYING A SEWER LINE UPON AND ACROSS THE HEREINAFTER DESCRIBED PROPERTY; AND WHEREAS, NO SEWER LINE HAS BEEN PLACED UPON SAID EASEMENT, THE EASEMENT HAS NEVER BEEN USED FOR THE PURPOSES FOR WHICH IT-WAS GRANTED, NOR IS IT USED FOR ANY OTHER UTILITY PURPOSES, AND IT HAS BEEN RECOMMEND- ED BY THE DIRECTOR OF PUBLIC WORKS THAT SAID EASEMENT BE RELEASED IN VIEW OF THE FACT THAT THERE IS NO CONTINUANCE THEREOF NOR FUTURE USE FOR UTILITY EXTENSIONS BY THE CITY POSSIBLE; AND WHEREAS, ERNA B. RUDOLPH IS THE PRESENT OWNER OF SUCH PREMISES: 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, AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO + EXECUTE A RELEASE OF UTILITY EASEMENT ON THE NORTH FIVE FEET OF THE WEST SEVENTY FEET OF LOT 11, BLOCK 9, BAY VIEW ADDITION NO. 2 TO THE CITY OF CORPUS CHRISTI, TEXAS, FOR AND IN CONSIDERATION OF THE PREMISES UNTO ROSALIE RUSCHHAUPT, GRANTOR IN THE EASEMENT DATED SEPTEMBER 12, 1942, AND UNTO ERNA B. RUDOLPH, PRESENT OWNER THEREOF, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF] SECTION 2. THAT THE NECESSITY OF CLEARING THE TITLE TO THE AFORE- . SAID PROPERTY IN CONSIDERATION OF THE LACK OF BENEFIT TO THE CITY OF CORPUS CHRISTI,FOR REASON THAT IT IS NOT BEING USED FOR THE PURPOSES GRANTED AND WOULD NEVER BE USED THEREFOR, IMMEDIATELY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FIN - NALLY ON THE DATE OF ITS INTRODUCTIONAND 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 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 zAANDD('�AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE pfd L DAY OF SEPTEMBER, A.D. 1952. MAYR 4X0 /.L TH ITY OF CORPUS CHRISTI, TEXAS TESTED: CITY SECRETARY APPROVED A j TO LEGAL FORM: ¢ [ {�.Cify ATTOR)NEE -Y-,7h Corpus Christi, Texas -T 19.5 TO THE 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; �, 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, c YOR A'y`r City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman'w� Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote:// Leslie Wasserman GV Jack DeForrest Sydney E. Herndon George L. Lowman Frank E. Williamson 33of �Id J RELEASE OF EASEWNT THE STATE CF TEXAS COUNTY CF NUECES j WHEREAS, ROSALIE RUSCHNAUPT DY EASEMENT DATED SEPTEMBER 12, 1942, OF RECORD IN VOLtsle 282, PAGE 442 or THE Duo REcoRos of NUECES COUNTY, TEXAS, GRANTED THE CITY OF CORPUS CHRISTI AN EASEMENT FOR THE PURPOSC OF LAYING A SEWER LINE ON A PORTION OF LOT 11, BLOCK. 9, BAY VIEW SUBDIVISION OF THE CITY OF CORPUS CMRIsTI, Titus; AND WHEREAS, SAID EASEMENT HAS NEVER BEEN USED NOR WOULD NEVER BE USED FOR UTILITY EXTENSIONS, AND THE RELEASE THEREOF WAS SEEN RECOMPIENOCO AND APPROVED OY THE DIRECTOR OF- PUSLIS WORKS OF THE CITY OF CORPUS CHRISTI, TERAsj AND. , WHEREAS, ERNA B. RUDOLPH IS THE PRESENT OWNER OF THE WEST 1/2 OF LOT 11, SLOCK 9, BAY VIEW .;DDITION NO- 2 TO THE CITY OF CORPUS CNR13TI, TEXAS, AND SAID OWNER HAS REQUESTED THE RELEASE OF SAME; NOW, THEREFORE, KNOW ALL NEN BY THESE PRESENTS; THE CITY of CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTIND BY AND THROUGH ITS DULY AUTHORIZED CITY NANA- ace, DOES HEREBY RELEASE, REMISE AND RELINQUISH UNTO ERNA e. RUDOLPH AS OWNER Or WEST 1/2 Of LOT 11, BLOCK 9, BAT VIEW ADDITION NO. 2, ALL ITS RIGHT, TITLE AND INTEREST 116 ACD TO THE FOLLOWiN& DESCRIBED UTILITY EASEMENT LOCATED IN THE CITY Of CORI'Us CHRISTI, IN NUCCES COUNTY, Tcus, MORE PARTICULARLY DESCRIBED AS rOLLOWB, TO -WITS AN EASEMENT FIVC (5) FEET IN WIDTH AY,D SEVENTY Dj rEET MORE OR LESS IN LENGTH, THE EASEMENT BE /NO THE NORTH FIVE (5) FEET Of THE WEST SEVEN- TY ("0) FEET Of LOT 11, IN BLOCK 9, Or BAY VIEW ADDITION NO. 2, IN THE CITY OF CORPUS CHRISTI, TEXAS GRANTCO TO THE CITY OF CORPUS CHRISTI, TEXAS, BY ROSALIE RUSCNNAUPT, BY EASE- MENT DATED SEPTEMBER 12, 1942, or RECORD IN VOLUME 282, PAGE 442, Of THE DEED RECORDS OF NUECES COUNTY, TEXAS. EXECUTED THIS THE DAY OF SEPTEMBER, A.A. 1952. THE CITY OF CORPUS CI ISTI ATTESTt BY CITY 14ANAOSit ITT SECRETARY , APPROVED AS TA LEGAL FORM: CITY ATTORNEY TW STATE OF TEXAS COUNTT OF tAJECES SUM ME, THE • UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W.15. COLLIER, CITY ,4MNA6ER Or THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, XNOYN TO MC TO SE TUC PERSON AND OFFICER WHOSE NAME 12 SUBSCRIBED TO TKC FOREGOING INSTRUUCNT, AND ACAMOWLZOOCD TO HE THAT TUC SAME WXS INC ACT AND DECD OF SAID CITY AND THAT HE EXECUTED INC SANE AS THE ACT AND OEEO OF $Ato CITY FOR TUC PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER W NAND AND SEAL OFFICE, THIS THE DAY DF A.D. 1952, NOTARY FIXLIC IN AND FOR NUCCES COUNTY, TEXAs es..