HomeMy WebLinkAbout04819 ORD - 07/31/1957I ' MEM :7/1/57
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT,
FOR AND ON BEHALF OF THE CITY 7 CORPUS CHRISTI, A -
UTILITY EASEMENT ON AND ACROSS LOT 25. BLOCK 38 LIN-
DALE PARK SUBDIVISION. IN LIEU OF A DEDICATED EASEMENT
ON AND ALONG THE NEST PROPERTY LINE OF LOT 27 OF SAID
BLOCK 38 RELINQUISHING ALL CLAIM OF THE CITY TO SAID
DEDICATED EASEMENT IF. AS AND WHEN THE UTILITY LINES
OF THE CITY LOCATED THEREIN HAVE BEEN MOVED TO THE
NEW EASEMENT AND INSTALLED THEREIN TO THE SATISFACTION
OF THE CITY; 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 15 HEREBY
AUTHGRIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TO ACCEPT A UTILITY EASEMENT ON AND ACROSS LOT 25, BLOCK 38, LINDALE
PARK SUBDIVISION IN LIEU OF A DEDICATED EASEMENT LYING ON AND ALONG
THE WEST PROPERTY LINE OF LOT 27, BLOCK 38, LINDALE PARK SUBDIVISION,
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 RELINQUISHES ALL TITLE, RIGHT AND INTEREST IN OR TO SAID DEDICATED
EASEMENT. UPON THE REMOVAL AND RELOCATION OF THE UTILITY LIMES OF THE
CITY LOCATED THEREIN TO THE NEW EASEMENT, AND BEING INSTALLED TO THE
SATISFACTION OF THE CITY, AT THE EXPENSE OF ST. LUKE'S METHODIST CHURCH.
SECTION 3. THE NECESSITY FOR ACCEPTING THE EASEMENT DES-
CRIBED 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 INTRO-
DUCTION, 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, AND HAVING REQUESTED THAT SUCH CHARTER
RULE BE 54JSPENDED, 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__;LDAY OF tA 1957. 57
ATTEST:S,ycc:
MAYOIR
CITY SEC J( TARY THE CITY OF CORPUS CHRISTI,TEXAS
APPROVED AS TO LEGAL FORM
JULY ? ' +'f- , 1957 -
ACITY ATTORNEY
rNSTEat'j /9197
EASEMENT
THE STATE OF TEXAS 1
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES j
THAT ST. LUKE'S METHODIST CHURCH OF NUCCES COUNTY, STATE OF TEXAS,
FOR AND IN CONSIDERATION OF THE RELINGUISKMENT OF A TEN (10') FOOT UTILITY
EASEMENT ALONG THE (JEST PROPERTY LINE OF LOT 27, IN BLOCK A LINDALE PARK
SUBDIVtSIOM, HAS GRANTED, SOLD AND CONWETED, AND BY THESE PRESENTS DOES GRANT,
SELL AND CONVEY, UNTO THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORA-
TION, DULY INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS,
ITS SUCCESSORS AND LEGAL REPRESENTATIVES, THE FREE AND UNINTERRUPTED USE,
LIBERTY, PRIVILEGE AND EASEMENT OF GOING SN, ON, OVER, UNDER AND ALONG A CER-
TAIN TRACT OF LAND SITUATED IN HVECES COUNTY, TEXAS, AND BEING DESCRIBED AS
FOLLDWSt
THE JEST TEN (101) FEET OF LOT e5, IN BLOCK 38, LINDALE
PARK SUBDIVISION, A SUBDIVISION OP THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE OFFICIAL
MAP OF SAID SUBDi VISION OF RECORD IN THE OFFICE OF THE
COUNTY CLERK OF NUECES COUNTY, TEXAS,
TOGETHER WITH THE FREE INGRESS, EGRESS, AND REGRESS TO AND FOR THE CITY OF
CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF CONSTRUCTING, LAYING, REPAIRING,
SERVICING AND MAINTAINING WATER, SEVER, GAS, OR OTHER UTILITY LINE OR LINES
IN, ON, OVEN, UNDER, AND ALONG SAID TRACT OR WAY FOR THE PUBLIC USE AND BENEFIT.
TO HAVE AND TO HOLD, ALL AND SINGULAR, THE RIGHTS AND PRIVILEGES
AFORESAID TO THE CITY OF CORPUS CHRISTI, TEXAS, ITS SUCCESSORS AND LEGAL REPAE-
SENTATIVES, AND THE PUBLIC, FOR THE PROPER USE AS A UTILITY EASEMENT OR EASE -
RENTS, FOR SO LONG AS SAID STRIP IS USED FOR SUCH PURPOSES OR ANY OF THEM,
AND, IF THE USE OF SAID TRACT OR WAY FOR ALL OF SAID USES BE EVER ABANDONED,
THEN, IN THAT EVENT, THE FOREGOING RIGHTS AND PRIVILEGES SMALL CEASE, AND ALL
RIGHT HEREIN GRANTED SHALL REVERT TO THE THEN OWNER OF SAID LOT 25, BLOCK 38,
LIHOALE PARK SUBDIVISION.
IN TESTIMONY WHEREOF, WITNESSETR THE EXECUTION HEREOF THIS THE
DAY of JuLY, A. D. 1957.
ST. LUKE "S METHODIST CHURCH
Bra
T. LE ROY LAIN,
PRESIDENT OF THE TRUSTEES
ATTEST:
SECRETARY
THC STATE OF TEXAS
COUNTY OF NUECES
BEFURt MET THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
T. LENOY LAIN; PRESIDENT OF THE TRUSTEES OF ST. LUKEFS METHODIST CHURCRp KNOWN
TD HE TO UE THE PERSON AND OFFICER WHOSE NAME I$ SUBSCRIBED TO THE FOREGOING
INSTRUMENT A" A"NOWLEDGED TO ME THAT THE SAME HAS THE ACT OF THE SAID $T.
LUKE`L METHODIST {'NURLH� A CORPORATIONS AND THAT HE EXECUTED THE SAME AS THE
ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED
AND IN THE CAPACITY THEREIN STATED.
1ii4CF{ UN)ER W HAN) AHD SEAL OF OFFICE, THIS THE DAY OF
JULVI 1957.
NOTARY PUBLIC IN AND FOR NUE:: E3
CouNTY, TEXAS
-2-
CCORPAIS CHRISTI, TEXAS
/JI�L�,1937
TO THE ME14SERS'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
COUNCIL; 1, 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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. B ER
MA
MANUEL P. MAL DOHA DO,
CHARLIE J. RILLS,+"
ARTHUR R. JAMES
t,yr
DDELL INGLE
l
Y
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOW'i NG VOTE:
FARRELL D. SMITH
W. J. ROBERTS
/
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. RILLS
ARTHUR R. JAMES
DDELL INGLE
/
`f B( i