HomeMy WebLinkAbout03583 ORD - 11/04/1953TEXAS:
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AN ORDINANCE No, 3583
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI TO ACCEPT AN EASEMENT FROM
TEXAS AND NEW ORLEANS RAILROAD COMPANY FOR PUBLIC STREET
PURPOSES, IN PARTICULAR FOR CONNECTION BETWEEN NAVIGATION
BOULEVARD AND WATERS STREET, UPON AND ACROSS THE PROPERTY OF
THE RAILROAD COMPANY SITUATED IN BLOCK 46 OF BROOKLYN SUB-
DIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
AS MORE PARTICULARLY DESCRIBED IN SUCH EASEMENT TO THE CITY
OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER IF HEREBY AUTHORIZED ANDDIRECTED
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT AN EASEMENT FROM TEXAS
AND NEW ORLEANS RAILROAD COMPANY FOR PUBLIC STREET PURPOSES, IN PARTICULAR FOR
CONNECTION BETWEEN NAVIGATION .BOULEVARD AND WATERS STREET, UPON AND ACROSS THE
PROPERTY OF THE RAILROAD COMPANY SITUATED IN BLOCK 46 OF BROOKLYN SUBDIVISION IN
IHE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
IN SUCH EASEMENT TO THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS
Y
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE NECESSITY FOR ACQUIRING SUCH PROPERTY FOR PUBLIC
STREET PURPOSES 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 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 ORDINANCE BE PASSED
FINALLY ON THE DAY OF INTRODUCTION AND TAKE EFFECT AN]) BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 30 ORDAINED.
�_
-PASSED AND APPROVED, THIS THE D AY NOVEMBER, 1953-
THE CITY CORPUS CHRISTI,
ATTEST;.
CITY SECRE AR Y '�
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
THE STATE OF TEXAS
%N(]w1 ALL MEN BY THESE PRESE►fCS:
COATY OF KJECES
THAT, TEXAS AND NEW ORLEANS RAILROAD COMPANY, A CORPORATION ORGANIZED
AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, HEREINAFTER
CALLED "RAILROAD", FOR AND IN CONSIDERATION OF THE SUM OF 014E AND 00/100 DOLLAR
($1.00), TO IT IN HAND PAID BY THE CITY OF CORPUS CHRISTI, TEXAS, HEREINAFTER
CALLED "CITY ", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, AND UNDER THE TERMS
AND CONDITIONS HEREINAFTER SET FORTH, HAS THIS DAY GRANTED, SOLO AND BY THESE
PRESENTS DOES GRANT, SELL AND CONVEY UNTO THE CITY A RIGHT OF WAY OR EASEMENT
FOR PUBLIC STREET PURPOSES, IN PARTICULAR FOR CORRECTION BETWEEN NAVIGATION BOULE-
VARD AND WATERS STREET, UPON AND ACROSS THE PROPERTY OF RAILROAD SITUATED IN BLOCK
46 OF BROOKLYN SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NuECEB COUNTY, TEXAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
A STRIP OF LAND TWENTY FEET ;20'y IM WIDTH EXTENDING ACROSS
RAILROAD'S PROPERTY AND BEING TEN FEET (101) VIDE ON EACH SIDE
Of THE CENTER LINE OF CONNECTION BETWEEN NAVIGATION BOULEVARD
AND WATERS STREET, WHICH CENTER LINE BEGINS ON THE NORTHWEST
LINE OF RAILROAD'S PROPERTY TWENTY EIGHT FEET (28t) NORTHEASTERLY
FROM THE INTERSECTION OF SAID PROPERTY LINE WITH THE CENTER LINE
OF NAVIGATION BOULEVARD; THENCE EASTERLY ALONG A CURVE TO THE
LEFT, HAVING A RAO#US OF ONE HUNDRED FOUR FEET (104% A DIS-
TANCE DF TWENTY TWO FEET (22'), THENCE CONTINUING EASTERLY
CROSSING RAILROAD'S MAIN TRACT AT AN ANGLE OF OO* 35' IN THE
EASTERLY ANGLE OF INTERSECTION AT EN6INEER'3 STATION 607475, AT FIFTY
EIGHT AND 5/10 FEET 158..51 ?, A TOTAL DISTANCE OF SIXTY EIGHT
FEET (6$1); THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF ONE HUNDRED FEET (100') A DISTANCE OF EIGHTEEN FEET
TO THE SOUTHEAST L#NE OF RAILROAD'S PROPERTY.
,THE CITY WILL BEAR THE ENTIRE COST OF CONSTRUCTING SAID STREET ON SAID
TRACT Of LAND, INCLUDING NECESSARY DRAINAGE STRUCTURES, CROSSING, SURFACING AND
SIGNAL PROTECTION.
NO LEGAL RIGHT WIMCN THE RAILROAD NOW HAS TO MAINTAIN AND OPERATE
EKISTING TRACT AND APPURTENANCES, OR TO CONSTRUCT, MAINTAIN AND OPERATE AN
ADDITIONAL RAILROAD TRACT DR TRACKS AND APPURTENANCES UPON AND ACROSS SAID STRIP
OF LAND SHALL IN ANYWISE BE AFFECTED BY THE GRANTING Of THIS EASEMENT.
IN EVENT THE SAID STREET SHOULD EVER BE VACATED, CLOSED OR ABANDONED,
UPON AND ACR033 SAID TRACT OF LAND, THIS EASEMENT, SHALL REVERT TO AND REVEST IN
RAILROAD, ITS SUCCESSORS AND ASSIGNS, WITHOUT FURTHER ACT OR DEED BY THE RAILROAD.
TO HAVE AND TO HOLD THE ABOVE DESCRIBED EASEMENT TOGETHER WITH ALL AMC
SINGULAR KNE RIGHTS AND APPURTENANCES TMERETO IN ANYWISE BELONGING !INTO THE CITY
OF CORPUS CHRISTI, ITS SUCCESSORS AND ASSIGNS, SUBJECT TO THE CONDITIONS HEREOF
FOREVER. TH #S EAURENT IS MADE WITHOUT ANY WARRANTY WHATSOEVER EITHER: EXPRESSED
OR IMPLIED.
IN WITNESS WHEREOF, THE TEXAS AND NEW ORLEANS RAILROAD COMPANY HAS
CAUSED THESE PRESENTS TO BE EXECUTED IN DUPLICATE, BY ITS
VICE PRESIDENTS ATTESTED BY ITS SECRETARY} AND ITS CORPORATE SEAL TO BE HERE-
4
UNTO AFFIXED, ON THIS THE -- DAY OF -------- A. D. 1953-
TEXAS AND NEW ORLEANS RAILROAD COMPANY
ATTEST:
BY
VICE PRESIDENT
SECRETARY
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, G. H. CLEDE, A NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS,
ON THIS DAY PERSONALLY APPEARED R. W. BARNESt VICE PRESIDENTS Of THE TEXAS AND NEW
ORLEANS RAILROAD COMPANY KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO
THE FOREGOING INSTRUMENTS AND ACKNOWLEDGEO TO M£ THAT HE EXECUTED THE SAKE IN THE
CAPACITY AND FOR THE PURPOSES AND CONSIDERATIONS THEREIN STATED AND AS THE ACT
AND DEED OF SAID CORPORATION.
GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE OA`s OF ,
A. D. 1953.
NOTARY PUBLIC IN AND FOR HARRIS COUNTY,
TEXAS.
CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN
1953
FOR THE REASONS SET FORTH \N THE EMERGENCY CLAUSE 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,
MAYOR
CITY OF PUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
a4&
�07C
ELLROY KING
CIA
P. C. CAA
�s-
/gLLAWAY
JAMES .A7. NA I SM I TH
///111 ��
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W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING V0TE6
A. A. LICHTENSTEIN
ELLROY KING
CIA
P. C. CALLAWAY
�s-
JAMES NA15MITH
W. JAMES BRACE
3 ,-E3