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HomeMy WebLinkAbout03595 ORD - 11/18/1953AN ORDINANCE 110, 3595 CLOSING THAT CERTAIN ALLEY OPENING ONTO SOUTH STAPLES STREET, BEING TWENTY (20) FEET IN WIDTH AND LYING TO THE REAR OF LOTS ONE (1) THROUGH SEVEN (7), BLOCK ONE (1), SHANNON ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; ORDERING AND DIRECTING THE RETURN OF SUCH PROPERTY CLOSED FOR ALLEY PURPOSES TO THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HAS BEEN PETITIONED THAT A CERTAIN ALLEY OPENING ONTO SOUTH STAPLES STREET, HEREINAFTER DESCRIBED, BE CLOSED FOR ALLEY PURPOSES; AND WHEREAS, NOTICE OF THE PROPOSED CLOSING OF SAID ALLEY HAS BEEN GIVEN BY PUBLICATION AND BY MAIL TO THE LAST KNOWN ADDRESS OF ALL OWNERS ABUTTING SAID ALLEY AND WITHIN 450 FEET THEREFROM, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF CORPUS CHRISTI AS PROVIDED FOR UNDER ARTICLE 11, SECTION 6 THEREOF; AND WHEREAS, IN ACCORDANCE WITH THE NOTICE GIVEN AS ABOVE SET OUT, A PUBLIC HEARING WAS HELD BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AT 7:30 P. M. ON THE 5TH DAY OF NOVEMBER, 1953, IN THE CITY COUNCIL CHAMBER AT THE CITY HALL; AND WHEREAS, THE PUBLIC WELFARE, CONVENIENCE AND NECESSITY WILL BE BETTER SERVED BY THE CLOSING OF SUCH ALLEY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT A CERTAIN ALLEY OPENING ONTO SOUTH STAPLES STREET, DESCRIBED AS FOLLOWS, TO-WIT- SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING TWENTY (20) FEET IN WIDTH AND LYING TO THE REAR OF LOTS ONE (1) THROUGH SEVEN (7 ), BLOCK ONE f1), SHANNON ADDITION TO THE CITY OF CORPUS CHRISTI, BE, AND THE SAME IS HEREBY CLOSED AS A PUBLIC ALLEY AND FROM PUBLIC USE. SECTION 2. THAT THE CITY OF CORPUS CHRISTI HEREBY QUITCLAIMS AND RELINQUISHES ALL RIGHT, TITLE AND INTEREST IT MAY HAVE IN AND TO THE SAID ALLEY DESCRIBED IN SECTION 1 HEREOF, TO THE PROPERTY OWNERS ABUTTING SAID STREET. SECTION 3. THE FACT THAT PUBLIC CONVENIENCE AND NECESSITY WILL BE BETTER SERVED BY THE CLOSING OF SAID ALLEY CREATES A PUBLIC EMERGENCY AND .A PUBLIC 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 THREE REGULAR MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULEE/ 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 APPROVED THIS / 0 DAY DF NwOeER, 1953. AYOR ITY OF CORPUS CHRISTI, TEXAS ATTES r CITY SECRE A}Y / APPROVED AS T LEGAL FORM: CITY 'A TORNEY - T THE STATE OF TEXAS ) ( COUNTY or NOECIS } bHEMS, by ordinance of ev= data herewith the City Council of the City of Corpus Christi, Teas, did close as a public alley and for public use that certain alley in Block 1, Shannon Addition to the City of Corpus Christi,. Teas, said alley lying to the North of and abutting on Lots 1 through 7, Block 1, Shannon Addition to the City of Corpus Christi, Texas, said alley being twenty (20) feet in width and opening to South Staples Street on the Fast side thereof and extending Eastward for a distance of three hundred ninety (390) feet where it comes to a dead end; NOW, THEREFORE, DM ALL MN RT THESE PRESENTS, That the City of Corpus Christi, Teas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, of Nueees County, Texas, acting by and through Russell E. HcClure, its City Manager, duly authorized by the City Council, has released, relinquished and quit claimed, and by these presents does release, relinquish and forever quit claim unto the owners of property abutting the above described alley on the South side thereof all its right, title and interest in and to the South ten (10) feet of said alley extending from the alleyva South boundary line to its center line, and has released, relinquished and quit claimed, and by these presents does release, relinquish and forever quit claim unto the owners of property abutting the above described alley on the North side thereof all its right, title and interest in and to the North ten (10) feet of said alley extending from the alley *a North boundary line to its center line, with all and singular its right, title, in- terest, estate, claim and demand in and to the hereditaments and appurtenances thereto in anywise belonging; except, however, that this quit claim is made subject to any existing easements in, on and under said twenty (20) foot alley- way, such easements, if any, being unaffected by the execution hereof. TO HAVE AND TO HOLD the above released rights, titles, claims and demands in and to said alley unto the said abutting property owners, their heirs and assigns forever. IN TESTIMNY whereof, witness the execution hereof this 18th day of November, 1953. THE CITY OF CORFU$ CHRISTI ATTBSTr BY: Russell E. McClure, City Manager City Secretary APPROVED AS TO LWAL FMt city Atterwy THE STATE CP ?ETAS ) Cdr OF NMES ) sEIO&E XX* the undersigned authority, on this day per+amOUY appeared Russell E. !McClure, the duly authorised City Manager of the City of Carpus Christi, Texas, a nwicipal corporation, known to me to be the person and officer whose rams is subscribed to the foregoing instrument and acknowledged to me that the foregoing is 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 wrier my hand and seal of office this the 1Bth day of November, 1933. Notary Public in and for Nusess County, Texas. CORPUS CHRISTI, TEXAS &' Ll , 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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, r YOR CITY OF US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-Roy KING P. C. CALLAWAY JAMES R.. NAISMITH W. .TAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLL WING VOTE: A. A. LICHTENSTEIN ELI-ROY KING P. C. CALLAWAY JAMES Z. NAISMITH W. JAMES BRACE 359S