HomeMy WebLinkAbout03336 ORD - 10/21/1952.r:
AN ORDINANCE
CLOSING THAT PORTION OF VINE STREET EXTENDING BETWEEN
AVENUE C AND AVENUE D IN THE CITY OF CORPUS CHRISTI,
TEXAS, TO THE USE OF THE PUBLIC FOR STREETPURPOSES;
(AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A SPECIAL WARRANTY DEED TO JOE W. DAY FOR AND IN CON-
SIDERATION OF $672 CASH AND OTHER GOOD AND VALUABLE
CONSIDERATION,CONVEYING TO HIM THAT AREA COMPOSING THE
STREET RIGHT OF WAY ABOVE DESCRIBED; SAVE AND EXCEPT
THAT PORTION THEREOF TWENTY FEET IN WIDTH AND BEING
THAT PORTION OF AN ALLEYWAY RUNNING THROUGH BLOCKS 54
AND 55 IN 8 !L N•ADDITIQN TO THE CITY LYING IN SAID
VINE STREET RESERVING UNTO THE CITY THOSE CERTAIN
UTILITY EASEMENTS NOW EXISTING IN SAID PORTION OF VINE _
STREET HEREBY CLOSED TWO AND ON -HALF FEET ON EITHER SIDE
OF THE WATER AND GAS LINES THEREIN; CONTAINING OPTION
TO REPURCHASE AND REOPEN SAID PREMISES FOR STREET PURPOSES
UPON CERTAIN CONDITIONS; A COPY OF WHICH DEED IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY
WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS BEEN
PETITIONED TO CLOSE THAT PORTION OF VINE STREET BETWEEN AVENUE C AND AVENUE
D TO THE PUBLIC FOR STREET PURPOSES; AND
WHEREAS, NOTICE OF THE PROPOSED CLOSING OF SAID STREET HAS BEEN GIV-
EN BY PUBLICATION AND BY MAILING TO THE LAST KNOWN ADDRESS OF ALL OWNERS OF
PROPERTY ABUTTING ON SAID STREET OR ALLEYWAY, AND WITHIN 450 FEET THEREFROM,
IN ACCORDANCE WITH SECTION 6 OF ARTICLE 11 OF THE CITY CHARTER; AND
WHEREAS, IN ACCORDANCE WITH SUCH NOTICE, PUBLIC`HEARING WAS HELD ON
THE 6TH DAY OF MAY, 1952, IN THE CITY COUNCIL CHAMBER OF THE CITY HALL IN
THE CITY OF CORPUS CHRISTI, TEXAS, AT 4;00 O'CLOCK P. M. BEFORE THE CITY
COUNCIL, AT WHICH TIME AND PLACE ALL PERSONS WISHING TO APPEAR WERE HEARD,
AND, AFTER CLOSING SAID HEARING, THE CITY COUNCIL DID FINALLY CONSIDER SAME
ON THE 20TH DAY OF MAY, 1952; AND
WHEREAS, IT APPEARING THAT PUBLIC WELFARE, SAFETY, CONVENIENCE AND
NECESSITY WOULD BE BETTER SERVED BY THE CLOSING OF SAID STREET;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1, THAT THAT PORTION OF A STREET DESCRIBED AS FOLLOWS:
THAT PORTION OF VINE STREET EXTENDING BETWEEN THE WEST
LINE OF AVENUE C AND THE EAST LINE OF AVENUE D IN THE
CITY OF, CORPUS CHRISTI, TEXAS, EXCEPT FOR THE ALLEYWAY CROSSING SAME,
BE, AND THE SAME IS HEREBY, CLOSED TO THE PUBLIC USE FOR STREET PURPOSES.
SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO
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TO EXECUTE AND DELIVER A SPECIAL WARRANTY DEED FROM THE CITY OF CORPUS
CHRISTI TO JOE W. DAY, CONVEYING TO HIM THAT TRACT OR PARCEL OF LAND
COMPOSING THE STREET RIGHT -OF -WAY DESCRIBED IN SECTION I HEREOF, SUCH
DELIVERY TO BE MADE UPON THE PAYMENT OF THE SUM OF SIX HUNDRED SEVENTY- -
TWO AND NO/100 DOLLARS ($672 ),CASH, AND CONDITIONED UPON COVENANTS CON-
TAINED IN SAID DEED AS FOLLOWS:
(A) THAT NO OBSTRUCTION SHALL BE PLACED ON THE EASEMENTS
THEREIN RESERVED FOR UTILITY PURPOSES] AND PROVIDING
FOR THE RELOCATION OF SAID UTILITY LINES AT THE DISCRE-
TION OF THE DIRECTOR OF PUBLIC WORKS AT THE EXPENSE OF
SAID GRANTEE THEREIN, SUCH CHARGES TO BE A LIEN UPON SAID
PROPERTY;
(B) THAT THE SWIMMING POOL TO BE CONSTRUCTED UPON SAID PREMISES
SHALL BE OPEN TO THE PUBLIC WITHOUT DISCRIMINATION AS TO
PRICES; AND
(C) THAT THE CITY MAY AT ITS OPTION RE- PURCHASE AND RE -OPEN
SAID RIGHT -OF -WAY FOR STREET PURPOSES UPON THE HOLDING
OF A PUBLIC HEARING TO CONSIDER SAME AFTER.DUE NOTICE
THEREOF,
ALL AS MORE FULLY SET OUT IN SAID DEED, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF.
SECTION 3. THAT THE PUBLIC CONVENIENCE, NECESSITY AND WELFARE BEING
SERVED BY SUCH STREET CLOSING, THE AUTHORIZATION OF THE AFORESAID CLOSING AND
CONVEYANCE 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 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, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI-
NANCE 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 -
PASSED AND APPROVED, THIS THE AY OF OCTOBER, A.D. 1952.
MA OR
IIINTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY -
APPROVED AST LEGAL FORM:
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CITY ATT NEY
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Corpus Christi, Texas
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TO TI,'E 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.
Respecctfully,
1
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest _
Sydney E. Herndon v
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
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THE STATE OF TEXAS
COUNTY OF NUECES
SPECIAL WARRANTY DEED
KNOW ALL 1EN BY THESE PRESENTS:
THAT THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION,
Of THE COUNTY OF NUECES AND STATE Of TEXAS, FOR AND 111 CONSIDERATION OF
SIX HUNDRED SEVENTY -TWO AT40 NO /100 DOLLARS ($672) CASH IN HAND TO IT PAID
BY JOE W. DAY OF COUNTY, TEXAS, AND IN FURTHER CONSIDERATION
Of THE COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, AND OTHER GOOD AND
VALUABLE CONSIDERATIONS, RECEIPT OF WHICH,IS HEREBY ACKNOWLEDGED, HAS
GRANTED, BARGAINED, SOLD AND CONVEYED, AND BY THESE PRESENTS DOES GRANT, `
B,ARGaIN, SELL AND CONVEY UNTO THE SAID JOE W. DAY, THE FOLLOWING DESCRIB-
ED TRACT OR PARCEL OF LAND, BEING AND SITUATED IN NUECES COUNTY, TEXAS,
WITHIN THE CORPORATE LIMITS OF THE CITY Of CORPUS CHRISTI, TEXAS, AND BE-
ING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WITS
THAT STRIP OR PARCEL OF LAND, HERETOFORE A PORTION OF
VINE STREET, BEING 60 FEET IN WIDTH AND 280 FEET IN
LENGTH, EXTENDING FROM THE WEST LINE OF AVENUE C TO THE
EAST LINE OF AVENUE D, LYING BETWEEN BLOCKS 54 AND 55
Of BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS,
AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME A, PAGE 32 OF
THE 14AP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH RECORD
REFERENCE IS HEREBY MADE FOR.ALL PERTINENT PURPOSES; SAVE
AND EXCEPT THAT PORTION THEREOF 20 FEET IN WIDTH AND LYING
BETWEEN THE NORTH BOUNDARY LINES OF LOTS 11 AND 12 IN SAID
BLOCK 54 EXTENDED AND THE SOUTH BOUNDARY LINES OF LOTS i
AND 2 IN SAID BLOCK 55 EXTENDED, BEING ALL THAT PORTION OF
AN ALLEYWAY RUNNING THROUGH SAID BLOCKS 54 ANO.55 LYING IN
SAID PORTION Of VINE STREET HEREBY CONVEYED; AND WITH THE
FURTHER RESERVATION UNTO THE CITY OF CORPUS CHRISTI, TEXAS
AS UTILITY EASEMENTS OF THAT AREA EXTENDING 2 1/2 FEET UPON
EACH SIDE OF THE 8 INCH WATER MA19 AND 2 1/2 FEET ON EACH
SIDE OF THE It INCH OAS MAIN LOCATED IN SAID PROPERTY HEREBY
CONVEYED, OR SUCH RELOCATION OF SUCH LINES AS HEREAFTER MAY
Be MADE BY ORDER OR IN THE DISCRETION OF THE DIRECTOR OF
PUBLIC WORKS OF THE CITY OF CORPUS CIIRISTIj TEXAS, ALL AS
SET FORT" ON THE MAP OR PLAT THEREOF ATTACHED HERETO AND
MAOE A PART HEREOF,
TO HAVE AND TO HOLD THE ABOVE DESCRIBED PREMISES, TOGETHER WITH ALL.
AND SINGULAR THE RIGHTS AND APPURTENANCES THERETO IN ANYWISE BELONGING, UN-
TO THE SAID JOE W. DAY, H13 HEIRS AND ASSIGNS, FOREVER; AND THE CITY OF
CORPUS CHRISTI DOES HEREBY SIND ITSELF, ITS SUCCESSORS AND ASSIGNS, TO
WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE 5A10 PREMISES UNTO THE SAID
JOE W. DAY, HIS HEIRS AND ASSIGNS, AGAINST EYERY PERSON WHOMSOEVER LAWFULLY
CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF, BY, THROUGH OR UItOER
SAID CITY OF CoRPus CHRISTI, TEXAS.
GRANTEE MEREIN AGREES AND COVENANTS NOT TO PLACE ANY BUILDING OR
OTHER OBSTRUCTION ON THE EASEMENTS HEREINDEFORE RESERVED FOR THE USE OF
THE PUBLIC AND/OR THE CITY OF CORPUS CHRISTI AS UTILITY EASEMENTS; AND,
THAT SHOULD THE DIRECTOR Of PUBLIC WORKS AT HIS SOLE DISCRETION AT ANY TIME
IN TILE FUTURE DEEM IT ADVISABLE TO RELOCATE SUCH UTILITY LINES, THE GRANTEE
HEREIN AT IIIS OWN EXPENSE, OR AT THE EXPENSE OF HIS HEIRS OR ASSIGNEES,
SHALL PAY THE COST OF SUCH REMOVAL, ALTERATION AND RELOCATION, AND SUCH
CHARGES SHALL BE A LIEN UPON THE PROPERTY HEREIN CONVEYED.
GRANTEE HEREIN AGREES AND COVENANTS THAT THE SWIMMING POOL HE PRO-
POSES TO CONSTRUCT, AS REPRESENTED TO THE CITY COUNCIL OF THE CITY OF CORPUS '
CHRISTI, ON THE PREMISES HERESY CONVEYED, INCLUDING THE ADJOINING LOTS, SHALL
BE OPEN TO THE PUBLIC WITHOUT DISCRIMINATION AS To PRICES CHARGED FOR THE USE
OF SAME.
THAT THE OPTION TO REPURCHASE THE PREMISES HEREBY CON EYED AT THE
SAME PRICE AS HEREIN SET FORTH FOR ITS CONVEYANCE, EXCLUSIVE OF ANY POSSIBLE
COST OF ANY RELOCATION OF SAID AFOREMENTIONED UTILITY LINES, AND TO RE -OPEN
SUCH AREA AS A STREET AT ANY TIME SHALL REMAIN IN THE CITY OF CORPUS CHRISTI,
TEXAS; PROVIDED, HOWEVER, THAT AT SUCH TIME AS IT IS AT THE DISCRETION OF THE
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DEEMED ADVISABLE TO RE- PURCHASE
AND RE -OPEN SAME, THAT SUCH COUNCIL SHALL GIVE NOTICE OF A PUBLIC HEARING AND
SUCH PUBLIC HEARING SHALL BE HELD AS IN THE CLOSING OF A STREET, AS WAS DONE
PRIOR TO THE CONVEYANCE OF THE PREMISES HEREIN DESCRIBED 'AND HERETOFORE CON-
STITUTING A RIGHT -OF -WAY FOR STREET PURPOSES.
WITNESSETH THE EXECUTION HQREOF, THIS THE DAY OF OCTOBER, A.D.,
1952.
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST: BY.
W. a. COLLIER, CITY UAMAGER
CITY SECRETARY
APPROVED !S TO LEGAL FORM:
-CITY ATTORNEY
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THE STATE OF TEW
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP-
PEARED W. 13. COLLIER, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS,
A MUNICIPAL CORPORATION, HHOWII TO HE TO SE THE PERSON AND OFFICER WMOSE
MAKE-13 SUOSCRISED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO HE THAT
THE SANE WAS THE ACT AN� DEED OF SAID MUNICIPAL CORPORATION AND THAT HE EXECUT-
ED T14C SAtIC AS THE ACT AND DECD OF SAID CITY OF CORFU$ CHRISTI FOR THE PURPOSES
AUD CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER W WND AND SEAL OF OFFICE, THIS THE DAY of OCTOSER,
a.D. 1952.
NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS
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