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Home My WebLink About05147 ORD - 09/03/1958JFP:AH:9/2 /5',' AN ORDI,NAkCE AUTHOR 1 Z 1 IJG AIJD DI RECT I I IG THE CITY i iAI•AGEP., FJR AfJD CN BEHALF OF THE CITY OF CORPUS CHRISTI, TC EXECUTE A,1 EIJCI {OACIIi',ENT AGREEIIEIJT %,I TH IdAf,fZE1J I'OTE CEi1T AL FU,"ER APED LIGHT CUP, :PAN ,_A ID S,UTMr1ESTEWiBELL TELEPHONE C04•IPA1kY, 1'HERE3,' THE CI T (, JCIIJED BY CENTRAL PU,,"D AIIL' Llc— TCOI.PANY ACD SOUTHVIESTE:IJ L3ELL TELEPHONE Cu1,PwJ', „G.tEES TC PERI:I T THE SAID L;AI;REII i40_TE T U LEAVE THE EAVE LF THE IIIP�=.OVEMENTS U�J LOT T1v'U GLUCt, EIGHT _ HAIILII'1 PLACE, UUC�IT CAC TC PEM11 III AT- ITS PRCSENT LUCAT I CI . AS AN Er1CfcOACHi,!ENT c IJ TCE UTILITY EASE AE J I f I SAID LOT TWO (2), BLOCK E I G, T ( ), UNIT CITE (1), OWNED BY THE CITY, CEIJOAL PuQEH AND Ll(rHT CCi +IPAiJY Ai!D SUUIh- 6;ESTELI L•ELL TELEPHONE CUI PAP',, SUBJECT T THE TEf,S AHD COLD I T I CJ.S BET CUT III SAIL) CONTRACT, A COPY _C•F 1JF CPI 15 ATTACI IED HEr:ETU AIJD hADE A PART HEI;EUr ; AkD DECLAId liG All EIENQGD%CY. — — I +IHEPEAS, 'd ARREk I'iOTE IS THE OWNER IN FEE 51 MPLE OF LOT TWO (2), HLOCK EIGHT (J), HAMLIH PLACE, UNIT L',JE (1), A SUBDIVISION TO THE C@'Y OF CORPUS CHRISTI, aUECES COUNTY, TEXAS; AND ',;HE:;EAS, THEPE E..ISFS TO THE IIORTHWEST OF THE AOOVE DESCRIBED LOT A UTILITY EASEMENT PRESENTLY OCCUPIED BY THE CITY OF CORPUS CHIP IST I, TEXAS, THE CENTRAL POWER AND LIGHT COMPANY AND THE SOUTHWESTERN BELL TELE- PHONE COMPANY, AND INFO WHICH SAID UTILIf`; FASEHEII, THE SAVE OF THE IMPROVE - MINTS ON SAID LOT EXTEND ONE FOOT (1'), AND VkEREAS, THE SAID WARREN MOTE HA`_ REQUESTED THE CIT' OF CORPUS CHRISTI, THE CENTRAL POWER AND LIGHT COMPAN( AND -HE SOUTH %,ESTEH,! SELL TELEPHONE COMPANY FOR PERMISSIUN TO LEAVE THE SAID EAVE OF THE HOUSE AS THE SAME EXTENDS INTO THE EASEMENT IN IT3 PRESENT LOCATION AS AN ENCROACHMENT ON SAID UTILIT -1 EASEMENT; AND 1JHEREAS, THE EASEMENT WILL IIOT AFFECT CITY UTILITIES: iN(d, THEREFC'2E, FE IT CRDAIFED BY THE CITY COUNCIL CF THE CITY OF CORPUS CI;RISTI, TEXAS: SECTIUid 1, THAT THE CITY 1'�ANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE AND HE 15 HERESY AUTHORIZED AND DIRECTED TO EXECUTE AN ENCROACHMENT AGREEMENT WITH WARREN kOTE, CENTRAL POWER AN-D LIGHT LCMPANY, AND SOUTHWESTERN BELL TELEPHONE COMPANY, SAID CITY, CENTRAL POWER AND LIGHT COMPANY AND SOUTHWESTERN DELL TELEPHONE COMPANf PRESEIITL) OCCUPYING AN UTILITY EASEMENT ON LOT TWO (2), 3LOCK EIGHT ('_•), HA ✓LIN PLACE, UHII" UNE (1), AGREES TO PERHI T THE SAID IIARREN i,iiOTE TO LEAVE THE EAVE OF THE IMPROVEMENTS ON LOT TWO (2), ULOCK EIGHT (V), HAMLIN PLACE, UNIT UNE (1), TO REMAIN AT IT5 PRESENT LOCATION AS AN ENCROACHMENT ON SAID UTILITY EASEMENT, SUBJECT TO THE TERMS ANO CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HE:ETU AND MADE A PART HEk EOF. SECTILI', 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMEPGENCY AND AN IMPEPATIVE PUBLIC NECESSITY FEQUIRING THE 5U5PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION,AND THAT SUCH ORDINANCE OR PESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE IIAYON HAVING DECLARED THAT SI.CH EMERGENCr AND IMPERATIVE PUBLIC NECESSITY EXISTS, AND HAVING REQUESTED THAT THE CHAPTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF IT, INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AHD BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCuRDINGLY SC, ORDAINED. s PASSED AIID APPHUVED THIS THL DAY OF SEPTEMCER, 1�'5v. ----------- / ,-, FAYOR CITY OF Cu,WIJS CHRISTI, TEAAS ATTEST: CITE SECRETAF� / APPROVED AS TO LEuAL FcRw T-, 13 210 DA F SEPTE45E.�, 195,',. 1 STATE OF TEXAS X X COUNTY OF NUEC ES X WHEREAS, Warren Mote is the owner in fee simple o: Lot NO (l), Block Eight (8), Hamlin Place, Unit one (1), a subd,vision to the City of Corpus Christi, Nueces County, Texas, a—Ording to a map 01 plat of record thc:eoL in the Map Records of Vueces ;ounty, Texas, together with ali improvements thereon, and, `IFEREAS, there exists to the Northwest of the above described Lot a utility easement presently occupicu by the C.ty of Corpus Caristi, texas, Lhe Central Power and Light Company and the Soutnwestern Bell 'Ieiepnone Company, and, into which said utility easement the eave of the improvements on Sala Lot extend one foot (1'), and, ' i WHEREAS, the said Warren Mote has requested the Lity of Corpus Caristl, Texas, a municipal corporation, the Central Power anc' Light Company anc the Southwestern Bell Telephone Company for permiseion Lo leave Lt.e said cave of the house as the same extends into the easement in _ta present io(,ation as an encroachment on said utility easement subject to the terms nereindtter set out, NCWP TdEREFORE, in consideration of fen Dollars ($10.00) and otner ' goon and valuable c.onsiaeration, tn< Lily of „orpus Christ., Texas, a mun — pal corporation, the �eatrai Power and L�gat Lompany and the Soutnwestern Bell Telephone Company do hereby agree to permit the eaiw r4ar.zen Mote, iris heirs an, assigns, to leave sa1C edve as it encroaches into the said utility easement in ' its present location, subject, however, to to Sol_ fine, terms anu onGit wns: (1) the owuo: agrees by tneoe presents teat there .iii. of no iiabi- llty on the part a: the Lity o. Lurpus C,.riist., lexas, the (,entra, Yower and Light Company or the ouuthwestcrn ball Telephone Campan. or any damage to the impiovements on Lae above .Ieb�cioe, loL oy reason oL any uses of inbtaliatiohs in the utility easement on the part of said parties. (2) The owner agrees twat there .+iii be no addition or other encroach- ments by him or his heirs or ass,bns in said uLiiity ,casement. (3) Inat :n Lae event the present .copra ✓ements no, da�roaching on said easement be destroye, by .ire or otner cause or damage or or any reason destroyed and re- built, that the sLzu�tdle so re -built will be modified so that no portion of the StIULLUre ill anc, oa—, to the uL—ty caseaiont. jAIEJ this the OT-4 ady of july, .y38. Al'1—T: all 1 eLary by: AIA Al. 7r ry t,n— f6—i Y'EO— —AMA, 3Y TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: CORPUS CHRISTI TEXAS ! 1958 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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; 1, THERE- FORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED 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 vote: Farrell D. Smith W. J. Roberts-----�L�—� B. E. Bigler Manuel P. Maldonado Charlie J. Rills Arthur R. James Odell Ingle The above ordinance was passed by the foll- owwiinggvote: Farrell D. Smith 4 W. J. Roberts I B. E. Bigler �! Manuel P. Maldonado Charlie J. Aills Arthur R. James Odell Ingle SOUTHWESTERN BELL TELEPHONE COMPANY CORPUS CHRISTI, TEXAS AUGUST 20, 1958 NIP. VdARREN MOTE C/O N. C. SIMMONS CONSTRUCTION COMPANY P.C. Box 7055 CORPUS CHRISTI, TEXAS DEAR MR. MOTE: IN ACCOPLANCE WITH YOUR REQUEST WE HAVE OBTAINED APPROVAL BY OUR VICE PRESIDENT ANL GENERAL MANAGER FOR THE BUILDING ENC110ACHVENT ON THE UTILITY EASEMENT ALONG THE SOUTH SIDE OF LOT TWO (2 ), BLOCK EIGHT (8), HAMLIN PLACE, UNIT ONE (1) WITH THE BUILDING DESIGNATED AS 46c5 HAMLIN DRIVE. YOURS VERY TRULY, •!, _ U , E- s LhST "f CT PLANT '$UpERfNTENDENT