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Home My WebLink About04679 ORD - 11/21/1956AP:11/21/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A UTILITY EASE- MENT ON AND ACROSS LOT 8. BLOCK 1. ABERDEEN SH R S ADD ION. IN LIEU OF A DEDICATED EASEMENT LYING ON AND ALONG THE BOUNDARY BETWEEN LOTS b AND 9 OF SAID BLOCK ; RELINQUISHING AL C OF THE CITY TO SAID DEDICATED EASEMENT I F, A75 AND WHEN HE UTILITY LINES OF THE CITY LOCATED THEREIN HAVE BEEN MOV D TO THE -NEW EASEMENT AND INSTALLED THEREIN TO THE SA ISF C I N OF THE CITY; AND DECLARING N MERGEINCY. 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 AUTH014ZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT A UTILITY EASEMENT ON AND ACROSS LOT 81 BLOCK 11 ABERDEEN SHORES ADDITION IN LIEU OF A DEDICATED EASEMENT LYING ON AND ALONG THE BOUNDARY BETWEEN LOTS 8 AND 9 OF SAID BLOCK 1, A COPY OF WHICH UTILITY EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE CITY OF CORPUS CHRISTI HEREBY RELEASES AND RELIN- QUISHE5 ALL TITLE, RIGHT AND INTEREST IN OR TO SAID DEDICATED EASEMENT, UPON THE REMOVAL AND RELOCATION OF THE UTILITY LINES OF THE CITY LOCATED THEREIN TO THE NEW EASEMENT, AND BEING INSTALLED TO THE SATISFACTION OF THE CITY. SECTION 3. THE NECESSITY FOR ACCEPTING THE EASEMENT DESCRIBED IN SECTION 1 HEREOF 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 RESO- LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO 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 THE I; /DAY OF , 1956. ATTEj MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRt TA Y APPROVED AS TO LEGAL FORM NOVEMBER 21, 1956: CITY ATTORNEY THE STATE Cr TEXAS, CaSNTY OF NUECE3. KNOW ALL MR BY THESE PMMM r That, whereas, there has heretofore been granted and filed a +*main eight foot emsnent an and across lands between lots numbered eight (1} and nice (9) of Block mn"red owns (1), of the AMM 4NGM Ap ,M(N to the CITY CF C(3ffdM CMRI9TI and dedicated as an eight ($) foot in width utility sasemeent located four (4) feet to the northeast and four (4) feet to the southwest of the property line between late mu*mrsd eight (8) and nine (9), of said Block numbered am, (1), of avid subdivision, as shown by map of said addition recorded in Volume gown (7), at page twelsve (1Z), of the map "Gordo Of Nuscea County, Taxes, to which reference is hereby made for mo2v particular description= and WW", it is herewith decided and declared by the City of Corpus Christ' and by and between the property owners hereinaffter undersigned, to be to the m>tnal advantage and benetit of said City and property wAmr. alike to relinquish and divest said City Of all easement rights thereof to the record Property owner thereof whoa granted and oonvoYed mane by the easement above referred to as recorded in Volaoe 7, page 12, map records of Nesees Cosntr, Texas, above cited, and in lieu thereof to grant to the City of Carpas Christi the easement berainafter granted by the hereinafter signed parapsrty owners to said City, and removing the existing easement and installing such utility lima within the boundaries of the easement hereinafter granted, such remaaml to be to the satisfaction of the City, but at the coat of arentora. NCH, TbN ti WOM, KUM ALL MEN BY THESE PHiSSMS THAT tine City of Corpus Christi, Texas, by the acceptance of this grant, anal in consideration of the swemesut hsre'safter granted, dvnm release, relinquish, srfd reeonvey unto the respective property owners of record of the respective tracts of land, all rights, title, use, liberty, mod privileges heretofore granted said City tV and through an easement duly recorded in Volammm 7, at page 12, of the map records of Nusoss County, Texas, to whisk reference as hers Made for awe particular description, but grantee shall Ojobbfthg existing easement, &W install such utllitx lima within the boundaries of the easement Page two (2). hereinafter granted, such removal to be to the satisfaction of the City, but at the cost and expeAee of the Grantors. M(OW ALL MW BY THESH kT=M s That we, Tomah Geller, Individually, of the County of Nuecea, State of Taxes, and Joseph Asistent and Michel Wishnia, acting herein by Tomah Geller, their duly authorized agent and attornmyrin -fact, of the Harugh of Manhattan, State of Now York, such power of attorney, being dated May 17, 1448, and recorded in Volume E, page 557, of the Power of Attorney Records of Nueoes County, Texss, as by reference thereto will more fully appear, for and in consideration of the release and relinquishment by the City of Corpus Christi, Taxes, of said easement herainbefors recited and in 11ou of said priginal easemsat Have Granted and Conveyed, and br thee* presents do grant end convey unto the City of Corpus Christi, Taxes, a mudaipal corporation duly incorporated ruder and by virww of the laws of the State of Texas, its suooessers and legal representatives the free and uninterrupted use, liberty, privilege, and eesemeut going in, on, over, under and along a certain treat of land situated In Nueees County, Teals, and being described as follows, to -wits Commencing forty -five (45) feet northeast of the property lime between lots numbered seven (7) and eight (8), Block one (1), of the Aberdeen Shan" subdivision, extending to the northeast of a ten (10) foot strip of land in width and running the full depth of the aforesaid fats, together with the free impose, *gross and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, laying end ke*ping public utility lime, and for the purposes of servicing, repairing and inspecting said lines under, on, and along said treat. To Have and Hold, all and singular tie rights and privileges sferesaid to the City of Corpus Christi, Texas, its successors and legal repress*. tatives for the proper use as a utility easement end utility right-f -Mar, for so long as used for such purpose, and if the use for said eaaam ut and way of said uses be over abandoned, then, in that event, the aforesaid rights and privileges shall ages*. Page throe (3). V11"M V hard this the 20th daq of DOVIRli3er, A. a., 1956. YQAah 4slier, Tnd vidual]�r Joseph Asieient Mahal Wishnia gy To®sh Ce1Lr, their attorney- irr.faat. THE STATE CF' TXW r i Ct3UNTy OF NDS= � as W'FO E MC, the ubdersigned autharity, an this day Psrson4117 apPess+sd Ymuah Collor, kn to me to be the Person whose name is oubsoribed to tdse foreCOLM instxvmsat and acknowledged to ms that he executed the same for the purposes and consideration therein Give" under nor band and seal of offiae, thin the _any of November, A. A., 1956. Me cooniesion expires June 1, 1957Q� ruRUe, Asa Co atTs �. THE STATE OF TEW, C#Nry w NURM. B P'WI 12* the urdsrsigasd authority, an this day pew aPP"red Ycsish Caller, knotim to me to be the person whose Hams ie srbsieribsd to the foregoing instrsment as rttora 7 xzf&ot wr "I'llh lsietemt and Mahal iiishnia, the parties thereto, 4u3 acknaariedged to ae that he emmatood the now so attOr%sy_i,,faot :rcr the said Joseph Asisteat and Mahal Vdahnia, and that the soil Joseph Aaistw*w d M d-ma WOW,i swoutmd the seas by and through him, for the Purposes end aonaidsratic+ai therein expressed. Given under AW hand end seal of offioe, this the day of November, 1956. MY ce ieaio:s a Notary rue le, Nueass Cozuxty, Texan. expires Juste 1, A. D., 1957. CORP U CHRISTI, TEXAS 1956 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER PULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULL( ' B. E. BIGLER i MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS -- , MINOR CULL) rW- ...__J.«.. ROIB "ERTS B. E. B IGLER MANUEL P. MALDONADO qo 9