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HomeMy WebLinkAbout04633 ORD - 09/26/1956_T IMS:MEM:9 /26/56 AN OIRDINANCE RATIFYING THE SETTLEMENT OF THE ACTION OF W. R. REID v. CITY OF CORPUS CHRISTI, TEXAS, AS RECOMMENDED BY THE CITY ATTORNEY, AUTHORIZING ENTRY OF AN AGREED JUDGMENT; A COPY OF WHICH IS MADE A PART HEREOF; AUTHORIZING THE ACCEPTANCE OF STREET, UTILITY AND SHORE PROTECTION EASEMENT FROM W. R. REID; AND DECLARING AN EMERGENCY. WHEREAS. THERE HAS BEEN PENDING FOR SOME TIME AN ACTION BY W. R. REID AGAINST THE CITY OF CORPUS CHRISTI, TEXAS, WHEREIN SAID W. R. REID IS SEEKING JUDGMENT AND DECLARING THE NON- EXISTENCE OF PORTIONS OF AVENUE A AND AVENUE B BETWEEN 17TH AND 20TH STREETS AND PORTIONS OF 16TH AND 19TH STREETS EXTENDING EASTWARD FROM AVENUE C, ALL IN BROOKLYN ADDI- TION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH ACTION IS BEING DEFENDED BY THE CITY ON THE CONTENTION THAT THERE ARE LEGALLY DEDICATED STREETS EXTENDING THROUGH SAID LANDS OF THE SAID W. R. REID; AND WHEREAS, IT WILL SERVE ALL PRESENT AND FOESEEABLE FUTURE NEEDS OF THE CITY TO HAVE A RECOGNIZED AND EXISTING STREET RIGHT -OF -WAY FOR STREET, UTILITY AND SHORE PROTECTION PURPOSES ON AVENUE A AND AVENUE C,EX- TENDING PARALLEL TO THE RAILROAD RIGHT -OF -WAY SOUTHWARD AND EASTWARD ALONG THE CURVE OF THE RAILROAD WYE TRACT, AND SAID PENDING ACTION CAN BE SETTLED BY AGREEMENT TO RECOGNIZE SUCH STREETS ON THE PART OF THE SAID W. R. REID UPON THE INSTALLATION OF STREET IMPROVEMENTS THEREIN: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE PROPOSED AGREED JUDGMENT IN THE ACTION OF W. R. REID V. CITY OF CORPUS CHRISTI, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,IS HEREBY AUTHORIZED FOR ENTRY BY THE COURT AND THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY DIRECTED TO PROCEED WITH THE ENTRY OF SUCH AGREED JUDGMENT UPON THE EXECUTION AND DELIVERY BY THE SAID W. R. REID OF THE EASEMENT AGREEMENT PROVIDED IN SAID JUDGMENT TO BE EXECUTED AND DELIVERED BY THE SAID W. R. REID AND SUCH EASEMENT AGREEMENT IS HEREBY AUTHORIZED FOR ACCEPTANCE BY AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SECTION 2. THE FACT THAT THE EARLY DISPOSITION OF SAID ACTION 15 DESIRED BY ALL PARTIES THERETO CREATES AN IMPERATIVE NECESSITY THAT SUCH AGREED JUDGMENT BE ENTERED FORTHWITH AND SUCH NECESSITY 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 HAV- ING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE 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 DAY OF SEPTEMBER, 1956. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTES CITY SEER TA APPROVED AS TO LEGAL FOR :THIS G DAY OF SEPT., 1956: CITY ATTORN Y CORPUS CHRI 1, TEXAS Y`% � , 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GOTL EMEN: 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. RESPECTFULLY2 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO q(�B NO. 5'1710-B W. R. REID $ IN THE 117TH DISTRICT COURT VS. 6 OF CITY OF CORPUS CHRISTI 4 NUECES COUNTY, TEXAS. On the 10th day of Septeiber, 1956, in the above entitled and numbered cause, wherein W. R. Reid is Plaintiff and City of Corpus Christi, Texas, a municipal corporation, is Defendant, came the parties by their respective attorneys of record and announced to the Court that all matters in controversy by and between the parties had been settled and compromised; and the Court having heard said agreement, and being of the opinion that judgment should be entered in accordance therewithi It is therefore ORDERED, ADJUDGED AND DECREED as follows; 1. That the Defendant, City of Corpus Christi, Texas, take nothing by Its cross - action against the Plaintiff, W. R. Reid, and that the Plaintiff, W. R. Reid, do have and recover of and fro^^ the Defendant, City of Corpus Christi, Texas, title and possession of the following described tract and parcel of land in the City of Corpus Christi, Nueces County, Texas, Being located about one and three - fourths (1 3/4) ,tiles from the County Courthouse in said county, in what Is generally known as "Brooklyn" an addition to the City of Corpus Christi, Texas, reference being made to a map or plat of said addition of record in Vol. A at page 31 of the 14ap Records of Nueces County, Texas, in aid of this description; said tract being more particularly described by metes and bounds as follows; BEGINNING: at a point the East corner of block number 17 of said Brooklyn Addition, for the Bast corner of this survey; THENCE North 560 West with the Southwest boundary line of Davis Street in said Brooklyn Addition, intersecting the East boundary line of the San Antonio and ,ransas Pass Railway right of way; THENCE In a southerly direction along end with the Southeast boundary line of the Southern Pacific Railroad right -of- way to its intersection with the Northwest boundary line of Avenue P. . THENCE North 520 East along the Southeast property line of blocks numbered 14 to 17 inclusive of said Brooklyn Iddition to the place of beginning. 2. That If there has heretofore been any dedication of any streets, alleys or other public ways along, over and across the property belonging to Plaintiff and described above, all such streets, alleys or other public ways have been, and are hereby declared to be, abandoned by the public and by the Defendant, City of Corpus Christi, Texas, except as to the streets and rights- of-way hereinafter described in paragraph ;. 3. That Plaintiff, W. R. Reid, shall immediately execute and deliver to the City of Corpus Christi, Texas, an easement grant, granting to the City of Corpus Christi, Texas,an aasement for road and street purposes, and for the purpose of laying and maintaining water, gas, sewer and other utility lines over the following described portion of said premises, to -wit: In what is generally known as "Brooklyn" an addition to the City of Corpus Christi, reference being hereby made to map or plat of said addition of record in Vol. P. page 31 of the Map Records of Nueces County, Texas, in aid of this description, and specifically being out of blocks 3'J, 31 and 32 of said Brooklyn, said roadway being described as follows, to -wit: BEGINNING at the Northwest corner of Block 30, Brooklyn Pddition for the Northeast corner of this tract. THENCE N. 560 W. 491 more or less to a point in the South- east boundary line of the Southern Pacific Railroad right - of -way, for the Northwest corner of this tract. THBNCa in a southerly direction along and with the South- east boundary line of the Southern Pacific Railroad right - of -way to its intersection with the Northwest boundary line of i.venue A. THENCE with the west line of Pvenue '"fi.a, N. 320 Z. 51.r431 to a point for the most northerly East corner of this tract. THENCE N. 60o 41' W., 51.89' to the point of curvature of a curve to the right whose central angle is 850 46, and whose radius is 504.72+ and whose length is 781.%1. THENCE along said curve to the right a distance of 761.94, to the point of tangency. THENCE N. 280 05, E. 600.161 to the Northwest corner of Block 30, Brooklyn Addn., the place of beginning. -2- 4. That the Plaintiff, W. R. Reid, shall immediately execute and deliver to the City of Corpus Christi an easement grant, grant- ing to the City of Corpus Christi, Texas, an easement for flood control, seawall construction,erosion control, road and street pur- poses and for the purpose of leying and maintaining water, gas, sewer and other utility lines over that portion of the premises owned by Plaintiff lying southeast of the southeast line of blocks numbered fourteen (14) to seventeen (17), inclusive, as shown on a map designated as "Plan of Brooklyn" recorded in Vol. A page 31, Map Records of Rueces County, Texas, to which map reference is here made for descriptive purposes only. 5. That said easement grant shall contain the following covenants and conditions: (a) That until the minimum improvements hereinafter described are made upon the premises covered by this grant, as a part of a general improvement of Avenue A along•substantially its entire length, the Plaintiff, W. R. Reid, and his successors in title, shall have the right to keep the premises covered by this grant, except that portion thereof now opened, improved and used for street, road and utility purposes, fenced, and to control the use thereof, except during the construction period of said improvements. (b) That in connection with the extension of any utilities by the City of Corpus Christi, Texas, and pending the improvement of Avenue A and the premises covered by this grant as herein set forth, the City of Corpus Christi, shall have the right to exercise all the rights incident to a utility easement over and along the premises covered by this grant. (c) The minimum improvements which the City of Corpus Christi, Texas shall make upon the premises covered hereby at such time as it shall commence improvements of Avenue A along substantially its entire length, shall consist of a retaining well set at a distance of not less than sixty (60) feet east or southeast of the southeast -3- property line of blocks fourteen (14) to seventeen (17) inclusive, as shown on said map designated as "Plan of Brooklyn" recorded in Vol. A page 31 Map Records of Nueces County, Texas, to which reference is here made for descriptive purposes only, measured at right angles thereto, said retaining wall to be of such capacity that it will prevent the erosion of the premises covered by this grant by the ordinary ebb and flow of the tide and the ordinary surf movement of Corpus Christi Hay. The improvement of the street surface shall be consistent with the improvement of the remaining portions of Avenue A, and shall consist of at least some type of oil or asphalt material which will prevent the shifting of the sand surface. (d) At such time as the premises covered by this grant are Improved, and the above described retaining wall is constructed, W. R. Reid shell have the right as between the parties hereto to construct the necessary access from the said retaining wall and the improved portion of the street to the steps or other approach to the fishing pier now owned and maintainedby him in Corpus Christi Bay and east of block. fifteen (15) as shown on the map of the "Plan of Brooklyn" above referred to, to which reference is here made for descriptive purposes only. Said approach shall not exceed ten (102) feet in width, and the north and south lines thereof shall coincide with the north and south lines of the pier. At the time of the construction of said improvements, the said W. R. Reid will remove such portion of said pier as encroaches upon the improved portion of the premises covered by this grant. 6. That all other relief prayed for by either party hereto, and not herein granted, is hereby denied. 7. That the costs hereof are adjudged one-half (1/2) against the Plaintiff, W. R. Reid, and one -half (112) against the Defendant, City of Corpus Christi, Texas, for which the Clerk of this Court may have his execution. Judge Presiding /AGREED TO AND APPROVED: Robert L. Bunting, Jr. J. R. SarrWll ATTORNEYS FOR THE PLAINTIFF I. . Singer City Attorney Glenn G. Parker Assistant City Attorney Travis A. Peeler Assistant City Attorney ATTORNEYS FOR THE DEFENDANT -5-