HomeMy WebLinkAbout05154 ORD - 09/10/1958C
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
TO EXECUTE AN INSTRUMENT QUIT CLAIMING, TO DR. CLEO
GARCIA, ALL RIGHT, TITLE AND INTEREST IN AND TO A
CERTAIN UTILITY EASEMENT DEDICATED IN PLAT OF BEEKMAN
PLACE SUBDIVISION, A COPY OF WHICH QUIT CLAIM IS AT-
TACHED HERETO; DECLARING ACCEPTANCE BY THE CITY OF
THE UTILITY EASEMENTS SHOWN ON REPLAT OF LOTS FOURTEEN
(14), FIFTEEN (15), AND SIXTEEN (16), BEEKMAN PLACE
SUBDIVISION, IN LIEU OF SAID UTILITY EASEMENT BEING _
QUIT CLAIMED HEREIN; AND DECLARING AN EMERGENCY.
WHEREAS, BEEKMAN PLACE SUBDIVISION WAS PLATTED AND UTILITY
EASEMENTS WERE DEDICATED ON THE SAID PLAT, WHICH PLAT IS DULY RECORDED
IN VOL. 19, PAGE 76 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; AND
WHEREAS, A UTILITY EASEMENT, ONE HUNDRED FORTY -NINE AND 31/100
(149.3l') FEET IN LENGTH, RUNNING IN A NORTHWEST - SOUTHEAST DIRECTION ACROSS
THE REAR OF LOTS FIFTEEN (15) AND SIXTEEN (16) OF THE BEEKMAN PLACE SUB-
DIVISION, IS SHOWN ON THE MAP, BUT BECAUSE OF REPLATTING THE SAID UTILITY
EASEMENT IS NOT NEEDED, EXCEPT AS TO THE SOUTHEASTERNMOST TEN (10) FEET;
AND
WHEREAS, LOTS FIFTEEN (15) AND SIXTEEN (16) AND PORTION OF
LOT FOURTEEN (1Y) REPLATTED INTO ONE LOT, N0. FOURTEEN (14), WHICH REPLAT
IS DULY RECORDED IN VOL. 21, PAGE 14O OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS; AND
WHEREAS, DR. CLEO GARCIA IS THE OWNER OF THE LOTS PLATTED AND
'f REPLATTED; AND
WHEREAS, THE SAID REPLAT DOES NOT CONTAIN THE SAID ONE HUNDRED
FORTY -NINE AND 31100 (149.311 FOOT UTILITY EASEMENT, EXCEPT AS TO THE
SOUTHEASTERNMOST TEN (10) FEET, BUT THE SAID REPLAT DOES SHOW A'UTILITY
EASEMENT, PARALLEL TO THE SOUTHEASTERNMOST BOUNDARY LINE OF THE SAID NEW
LOT FOURTEEN (14), WHICH UTILITY EASEMENT IS SUFFICIENT TO SERVE THE
INTEREST OF THE CITY AND
WHEREAS, THE OWNER OF THE PROPERTY DESIRES-TO CONSTRUCT A RESI-
DENCE ON THE REPLATTED TRACT OF LAND AND DESIRES THAT THE CITY QUIT CLAIM
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ANY RIGHTS TITLE AND INTEREST IN AND TO THAT SAID ONE HUNDRED FORTY -NINE
AND 31/100 (14.31') FOOT UTILITY EASEMENTS EXCEPT AS TO THE SOUTHEASTERN-
MOST TEN (10') FEET, SHOWN ON THE ORIGINAL PLAT BOT, NOT SHOWN ON THE REPLAT,
IN ORDER THAT ^THERE SHALL BE CLARITY AS TO THE LOCATION OF EASEMENTS; AND
WHEREAS, IT 15 IN THE BEST INTEREST OF THE CITY TO ACCEPT THE
UTILITY EASEMENT IN THE SAID REPLAT IN LIEU OF THE 'UTILITY EASEMENT SHOWN
IN THE ORIGINAL SAID PLAT: '
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TEXAS AN
INSTRUMENT QUITCLAIMING TO DR. CLEO GARCIA ALL RIGHT, TITLE AND INTEREST
IN AND TO THE UTILITY EASEMENT ONE HUNDRED FORTY -NINE AND 31100 (149.31*)
FEET IN LENGTHS RUNNING IN A NORTHWEST- SOUTHEAST DIRECTION ACROSS THE
REAR OF LOTS FIFTEEN (15) AND SIXTEEN (16), EXCEPT AS TO THE SOUTHEASTERN-
MOST TEN (10') FEET SHOWN ON THE PLAT OF ~THE BEEKMAN PLACE SUBDIVISION
RECORDED IN VOL. 19, PAGE 76 OF THE MAP RECORDS OF NUECES COUNTY2 TEXAS]- -
A COPY OF WHICH QUITCLAIM INSTRUMENT IS ATTACHED HERETO AND MADE A PART
HEREOF.
SECTION 2. THE CITY OF CORPUS CHRISTI TEXAS HEREBY ACCEPTS
THE UTILITY EASEMENT .SHOWN ON THE REPLAT OF LOTS FOURTEEN (i4), FIFTEEN
(15) AND SIXTEEN (16), BEEKMAN PLACE SUBDIVISION, RECORDED IN-VOL. 21,
PAGE CFO OF THE MAP RECORDS OF NUECES COUNTY, TEXAS IN LIEU OF THE PORTION
OF THE SAID UTILITY EASEMENT AUTHORIZED HEREIN TO BE QUITCLAIMED TO DR.
CLEO GARCIA. WHICH IS SHOWN ON THE PLAT RECORDED IN VOL. 19, PAGE 76
OF THE NUECES COUNTY MAP RECORDS.
SECTION 3; THE NECESSITY FOR ACCEPTING THE UTILITY EASEMENTS
HEREIN DESCRIBED IN LIEU OF THE UTILITY EASEMENT PREVIOUSLY DEDICATED,
AND THE NECESSITY THAT THE OWNER RECEIVE A QUITCLAIM CONVEYANCE OF THE
CITY'S RIGHT, TITLE AND INTEREST IN AND TO THE UNUSED UTILITY EASEMENTS
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
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AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND IMPERATIVE PUBLIC
NECESSITY;EXISTS, AND HAVING REQUESTED THAT THE CHARTER RULE BE SUSPENDED
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT.IS ACCORDINGLY,S�OORDAINED.
PASSED AND APPROVED THIS THE /QJ DAY OF SEPTEMBER, 1958•
MAYOR
CIT OF CORPUS C.RISTI, TEXAS
ATTEST:
CITY $ECR TA -wJ/
APPROVED AS TO LEGAL FORM THIS
9TH DAY OF- SEPTEMBER, 1958:
4TY ATTORNEY
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QUITCLAIM DEED
STATE OF TEXAS I
KNOW BY ALL THESE_ MEN PRESENTS:
COUNTY OF ,NUECES I',•
I
THE CITY' OP 'CORPUS CHRISTI TEXAS] GRANTOR, A MUNICIPAL"
.
CORPORATION'INCORPORATED UNDER THE HOME RULE'STATUTES -OF THE STATE
' -
- OF, TEXAS, FOR AND. iN CONS,IDERATION .OF ONE' #1.001 DOLLAR, 'IN HAND
-
-
P.AIDj THE RECEIPT OF WHICH 'IS HEREIN ACKNOWLEDGED', BY DR.,`CLEO
GARCIA, GRANTEE, HAS QUITCLAIMED ALL RIGHT, TITLE AND INTEREST -
•�
AND DOES BY THI3 'IN3TRUMENT''QUITCLAIMI TO DR. CLEO GARCIA, ALL
-
RIGMTj TITLE AND INTEREST IN -AND JO A CERTAIN UTILt,TY EASEMENTS
EXCEPT AS,TO'THE;90UTHEA6TER4M9S7 TEN ('IO }.FEET, HEREINSEFORE
,DEDICATED TO THE 'CITY -OF CORPUS ,CHRI ST Ij TEXAS] BEING PARTICULAR- '
LY DESCRIBED AS FOLLOWS:'
„ THAT CERTAIN UTILITY EASEMENT SHOWN ON PLAT OF THE
BEEKMAN. PL'ACE'SUBDIVtSION, RECORDED ,IN VOL. I%, PAGE -
�^
76 OF •THE -MAP RECORDS,Of NUECES COUNTY, TEXAS,
' -BEING EASEMENT OF ONE HUNDRED FORTY -NINE AND 31100, .
(149i31') FEET IN LENGTH, EXCEPT AS TO THE SOUTH- -
n
EASTERNMOST TEN (10) FEET) RUNNING IN A NORTHWEST-
'
SOUTHEAST bIRECTION.-PARACLELING AND ABUTTING THE
REAR LO,T LINE OF LOTS FIFTEEN (15) AND SIXTEEN (16)
:OF THE SAID BEEKMAN PLACE SUBDIVISION, A SUBDIVISION
TO THE CITY OF CORPUS CHRISTI,•'TEXAS.
" -
- EXECUTED JAI DAY- OF 1858, BY:
-
THE CITY MANAGER OF THE CITY,OF'CORPUS CHRISTI] TEXAS, SY, AUTHORITY
'
OF ORDI NANCE, N0, ..
CITY OF CORPUS CHRISTI, TEXAS'
„
BY
7
CITY MANAGER
`
ATTEST:
'CITY *SECRETARY
APPROVED AS TO LEGAL FORM
•
THIS OAY'OF SEPTEMBERS 1958:
J
CITY ATTORNEY'
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THE, STATE OF TEXAS ;I
COUNTY 'OF Ntl�CES
BEFORE ME�x THE UNDERSIGNED jAUYHORITYD 'ON TH13 -DAY; PERSONALLY•
APPEARED CITY MANAGER, OF THE. CITY OF CORPUS
^"
CHRt S71� TEXAS] KNOWN;'TO•+ME TO BE'• THE PERSON WN09ELNANE. -19, SUSSCRIBED TO ,
- -• THE _FOREGOING .INSTRUMENT' ;AND ACKNOWLEDGED TO ME•THAT NE• EXECUTED'THE, -SANE
-FOR THE` PURPOSES AND CONSIDERATION ,THEREIN EXPRESSED$ AND IN THE ZAPACIiY
THEREIN'�STATED AND AS THE ACT'AP6 DEED ,OF "SAID CITY.
GIVEN'UNDEIi;'MY 4 NO'ANb SEAL 'OF "OFfICE 'THIS THE . _ 'DAY OF
NOTARY PUBLICAN 'AND FOVNUECES COUNTYp
.• - TEXAS -
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CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:• ,
/tI
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 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 IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
Respectfully,
i2l�
MAYOR
THE,CM OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Farrell D. Smith x„�,_�
W. J. Roberts
B. E. Bigler
Manuel P: Maldonado
Charlie J. Aills
Arthur R. James \
Odell Ingle
The above ordinance was passed by the following vote: -
- Farrell D. Smith/ \
W. J. Roberts
B. E. Bigler
Manuel P. Maldonado f
I
Charlie J. Aills
Arthur R. James ✓
Odell Ingle / ;{
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