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HomeMy WebLinkAbout04782 ORD - 04/17/1957r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ATJ G EMENT WITH BINAI ISREAL SYNAGO OF ORP S CHRISTI, TEXAS, N-95EF-EfES TO CONVEY TO THE CITY TWENTY -FIVE (258) FEET OF RIGHT OF WAY TO COMPLETE T A WIDTH OF 'FIFTY- 50 TTER GUGUE WITH THE STREET BY REWORKING THE BASE AND PUTTING A WEARING SURFACE THEREON SO AS TO HAVE A THIRTY (301) FOOT PAVED AREA OF FORT WORTH STREET ABUTTING SAID SYNAGUGUE PROPERTY; AUTHORIZING THE CITY MANAGER TO ACCEPT A RIGHT OF WAY DEED FROM THE SYNAGUGUE TO SAID TWENTY FIVE (25') FEET_ COPIES OF WHICH AGREEMENT AND DEED ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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 AUTHOR- IZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH B'NAI ISREAL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, WHEREBY THE SYNAGOGUE AGREES TO CONVEY TO THE CITY TWENTY -FIVE (251) FEET OF RIGHT OF WAY TO COMPLETE THE FORT WORTH STREET RIGHT OF WAY TO A WIDTH OF 'FIFTY (50) FEET, AND TO INSTALL CURB AND GUTTER ADJACENT TO THE SYNA- GUGUE PROPERTY, WITH THE CITY TO IMPROVE THE STREET BY REWORKING THE BASE AND PUTTING A WEARING SURFACE THEREON SO AS TO HAVE A THIRTY (301) FOOT PAVED AREA OF FORT WORTH STREET, ABUTTING SAID SYNAGUGUE PROPERTY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY FURTHER AUTHORIZED TO ACCEPT A DEED FROM B'NAI ISREAL SYNAGUGUE OF CORPUS CHRISTI, TEXAS, TO A TRACT OF LAND TWENTY -FIVE (251) FEET IN WIDTH AND 488.71 FEET IN LENGTH FOR RIGHT OF WAY TO COMPLETE THE FORT WORTH STREET RIGHT OF WAY TO A WIDTH OF FIFTY (50') FEET, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE NECESSITY FOR EXECUTING THE AGREEMENT AND ACCEPT- ING THE DEED ABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO OR- DINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING 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 APRIL, 1957. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEr STx CITY SECRETAIjd 5 f.: APPROVED AS TO LEGAL FORM' THIS DAY OF APRIL, 1957; CITY ATTORNEY IMSIA014 /15/57 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES IT IS MUTUALLY AGREED BETWEEN 3'NAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, A CORPORATION, AND THE CITY OF CORPUS CHRISTI, TEXAS, THAT THE SYNAGOGUE CORPORATION WILL CONVEY TO THE CITY TWENTY -FIVE (25') FEET OF RIGHT OF WAY TO COMPLETE THE FORT WORTH STREET RIGHT DF WAY TO A WIDTH OF FIFTY (50') FEET, AND WILL INSTALL CURB AND GUTTER ADJACENT TO THE SYNAGOGUE PROPERTY ACCORDING TO THE GRADE AND AT THE LOCATION ESTABLISHED BY THE CITY ':)IRECTOR OF PUBLIC l:ORKS, AND THAT UPON THE COMPLETION OF SUCH CURD AND GUTTER INSTALLATION THE CITY WILL IMPROVE THE STREET BY REWORKING THE BASE AND PUTTING A WEARING SURFACE THEREON SO AS TO HAVE A THIRTY (301) FOOT PAVED AREA OF FORT 1dORTH STREET. ,JITNESS OUR HANDS, THIS THE �gDAY OF APRIL, 1957- B'NAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS 3Y RESfOENT ATTEST: SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS 13Y �- CITY MANAGER ATTEST: CITY SECRETARY APPR(NED AS TO LEGAL FORM APRIL ---., 1957. CITY ATTORNEY AP- 4/11/57 THE STATE OF TEXAS COUNTY OF NUECES RIGHT -OF -WAY DEED KNM,' ALL MEN BY THESE PRESENTS; THAT BINAI ISRAEL $YNAGOGUL OF CORPUS CHRISTI, TEXAS, A CORPORATION ACTING BY AND THROUGH ITS PRESIDENT, DULY AUTHORIZED TO ACT, FOR AND IN CONSIDER- ATION OF THE SUM OF ONE DOLLAR ($1.00) TO IT PAID BY THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND OTHER GOOD AI4D VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAS GRANTED AND CONVEYED, AND BY THESE PRESENTS DOES GRANT AND CONVEY UNTO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A MUNICIPAL CORPORATION DULY INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, ITS SUCCESSORS AND LEGAL REPRESENTATIVES, THE FREE AND UNINTER- RUPTED USE, LIBERTY, PRIVILEGE, AND EASEMENT OF GOING IN, ON, OVER, UNDER AND ALONG A CERTAIN TRACT OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND BEING DES- CRIBED AS FOLLOWS; A TRACT OF LAND 25 FEET IN WIDTH AND 488.71 FEET IN LENGTH OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO BINAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, BY DEED DATED. DECEMBER 23, 19490 AND RECORDED IN VOLUME 452, PAGE A. DEED RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A ONE INCH IRON BAR AT THE SOUTH CORNER OF THE SINAI ISRAEL SYNAGOGUE TRACT, BEING ALSO THE WEST CORNER OF A 20 ACRE TRACT CONVEYED TO JOHN T. OINEAL AND DR. MCIVER FURMAN AS TRUSTEES OF THE ESTATE OF CLARA DRISCOLL, DECEASED, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 31° + DI W. ALONG AND WITH THE SOUTHWEST BOUNDARY LINE OF THE SAID BINAI ISRAEL SYNAGOGUE TRACT, A DISTANCE OF 482.53 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT, FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE N 450 E. ALONG AND WITH THE NORTHWEST BOUNDARY LINE OF SAID BINAI ISRAEL SYNAGOGUE TRACTS A DISTANCE OF 25.75 FEET TO AFVINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 31' - o6l E. PARALLEL TO AND 25 FEET NORTHEAST OF THE SOUTHWEST BOUNDARY LINE OF THE SA10 BINAI ISRAEL SYNAGOGUE TRACTS A DISTANCE OF 488.71 FEET TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID TRACT; THENCE 58° - 451 W ALONG AND WITH THE SOUTHEAST BOUNDARY LINE OF SAID BINAI ISRAEL SYNAGOGUE TRACT, A DISTANCE OF 25 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH THE FREE INGRESS, EGRESS AND REGRESS TO AND FOR THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF CONSTRUCTING STREETS, SIDEWALKS, CURBS, GUTTERS AND APPURTENANCES UPON SAID TRACT AND WAY FOR THE PUBLIC USE BY FOOTS WITH AUTOMOBILES, CARTS, CARRIAGES, AND ALL OTHER VEHICLES AND ALL OTHER MEANS OF TRANSPORTATION NECESSARY OR CONVENIENT AT ALL TIMES AND IN ALL SEASONS INS ALONG, AND UPON SAID TRACT AND WAY, AS WELL AS FOR LAYING, REPAIRING, SER- VICING, AND MAINTAINING OF PUBLIC UTILITY LINES AND STORM SEWERS INS ON, OVER, AND ALONG SAID TRACT OR WAY. TO HAVE AND TO HOLDS ALL AND SINGULAR, THE RIGHTS AND PRIVILEGES AFORESAID TO THE CITY OF CORPUS CHRISTI, TEXAS, ITS SUCCESSORS AND LEGAL REPRE- SENTATIVES AND THE PUBLICS FOR THE PROPER USE AS PUBLIC STREETS AND UTILITY EASEMENTS OR UTILITY EASEMENTS FOR SO LONG AS USED FOR SUCH PURPOSES OR ANY OF THEM; AND IF THE USE FOR SAID TRACT AND WAY FOR ALL OF SAID USES BE EVER ABAN- DONED, THEN, IN THAT EVENT, THE AFORESAID RIGHTS AND PRIVILEGES SHALL CEASE, AND ALL RIGHTS HEREIN GRANTED SHALL REVERT TO THE GRANTOR HEREIN, ITS SUCCESSORS AND ASSIGNS. WITNESS ITS HAND AT CORPUS CHRISTI, TEXAS, THIS THE DAY OF 1957 B'NAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS BY AM ISENBERGI PRESIDENT ATTEST: DAVID MENDLOWITE/ SECRETARY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEAREO SAM ISENBERG, PRESIDENT OF B /NAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID SINAI ISRAEL SYNAGOGUE OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1957• NOTARY PUBLIC IN AN* FOR NUECES GUNTY, TEXAS. CORPUS CHRISTI, TEXAS 1 ,1957 4} TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, +1I�/�/ /,,✓ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED -: FARRELL D. SMITH l W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES C' Ce" i ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W, J. ROBERTS B. E. BIGLER l MANUEL P. MALDONADO ..n CHARLIE J. AILLS ARTHUR R. JAMES i ODELL INGLE q-� �? 2-