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HomeMy WebLinkAbout05317 ORD - 04/15/19590 K 3 -30 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER To EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO 0. S. WYATT, JR. A RELEASE AND QUITCLAIM OF A UTILITY EASEMENT ACROSS THE SOUTHEAST PORTION OF LOTS A, Ob, AND C; CAMPBELL SUBDIVISION; PROVIDING FOR DELIVERY TO U. S. WYAII JR. O HE F T RELEASE AND QUITCLAIM UPON FILING OF PLAT OF ALAMEDA CENTER SUBDIVISION A RESUBDIVISION COMPRISED OF LOTS 9, IU, AND 11; ATTACHING A COPY OF SAID RELEASE AND QUITCLAIM; AND DECLARING AN EMERGENCY. WHEREAS, A TEN (10) FOOT UTILITY EASEMENT 15 DEDICATED IN VOL. 12, PAGE 30, OF THE MAP RECORD OF NUECES COUNTY, TEXAS, SAID EASEMENT BEING ACROSS THE SOUTHEAST PORTIONS OF LOTS 6A, 6B, AND 6C OF THE PLATTED SUBDIVISION; AND WHEREAS, THE SAID TEN (10) FOOT UTILITY EASEMENT IS LOCATED UPON AND WITHIN LAND WHICH A REPLAT THEREOF HAS BEEN APPROVED BY THE . ZONING AND PLANNING COMMISSION, AND THE SAID REPLAT PROVIDES FOR THE NECESSARY EASEMENTS, AND THE SAID TEN (10) FOOT EASEMENT IS NOT REQUIRED BY THE PUBLIC; AND WHEREAS, IT IS TO THE BENEFIT OF THE CITY TO RELEASE AND QUIT- CLAIM THE SAID TEN (10) FOOT UTILITY EASEMENT WHICH IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC PURPOSES: 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE AN INSTRUMENT, A COPY OF WHICH IS ATTACHED HERETO, #RELEASING AND QUITCLAIM- ING TO 0. S. WYATT, JR. ALL OF THE CITY'S RIGHT, TITLE, AND INTEREST IN AND TO THAT UTILITY EASEMENT OF RECORD LOCATED ACROSS THE SOUTHEAST PORTIONS OF LOTS 6A, 66, AND 6C, OF THE CAMPBELL SUBDIVISION IN THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES, STATE OF TEXAS, AS SHOWN BY MAP RECORDED IN VOL. 12, PAGE 30, NUECES COUNTY MAP RECORDS, SAID TEN (10) FOOT UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED IN THE COPY OF THE SAID RELEASE AND QUITCLAIM HEREIN ATTACHED. V �/ 7 SECTION 2. THE CITY MANAGER IS DIRECTED TO DELIVER THE EXECUTED RELEASE AND QUITCLAIM TO O. S. WYATT, JR. UPON FILING OF THE REPLAT OF THE LAND UPON WHICH THE SAID 10 FOOT UTILITY EASEMENT IS LOCATED, FOR RECORD IN THE NUECES COUNTY MAP RECORDS, SAID REPLAT BEING AN ADDITION DESIGNATED AS ALAMEDA CENTER, AND COMPRISED OF LOTS 9, 10, AND 11. SECTION 3. THE FACT THAT THE SAID UTILITY EASEMENT IS NO LONGER NECESSARY FOR PUBLIC PURPOSES 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, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED, THIS THE DAY OF 1959. ATTEST: Y,GL� . / 1 /�Lit�. y' CITY SECRETA6 ', APPROVED AS TO LEGAL FORM( /// THIS 30TH DAY F MARCH, 1959= CITY ATTO NEY MAYOR THE Cl F COR S • STATE OF TEXAS t _ -,--;KNOW ALL,tIEN ~BY THESE PRESE1VTSc COUNTY OF "NUECES' �• _ That the CITY OF CORPUS CHRISTI, .TEXAS, A Municipal Corporation,-,- + ;- ',. ... ;n •' ,, :. i ..,::'' ,: ^•i-. is :.. Y • .• .'• ..: _ :'k-i. r of the County of Nueces, ,and State of Texas, for and is consideration of the euai of ONE .DOLLAR ($1.00)" and other good and valuable consideration, to it in hand paid by 0.- S.,WYATT, JR:; of`the County of Nueces and State" Of Teaae; the receipt of which is! hereby' acknowledged, do,- by these presenta' ABANDON,• BARGAIN, SELL;, RELEASE,'AND,FOREVER•QUIT CLAIM' `- unto the Said 0. S. WYAT�T,tiJR:^; his heirs and assigns; all itS right title • 7CFf fi. and interest in and to that certain tract or parcel of land lying in the County of Nuece ®rand State of .Texas, described is-follows,� to =wit;; All.�,'._.,•' ,`,,-.` a. •. _, •'s "; T- =YA ;; _ that certain tract ,or� parcel of land, along and 'R _ .across the ,Southeast porttona:of Lotu 6A;' 613 and 6C of the Campbell Subdivision in the City of Corpus Christi, County of Nueces; State of Texas, as shown °by map of 'said addition recorded in Volume 13, Page': : -.30 of the Map Records of Nueces County, - Texas, shown thereon as a 10 ft. Easement, more particularly described - y • by metes and bounds ae follows: _ BEGINNING atithe Northeast corner of this tract; a point-+. " - , in the common boundary betweed Lot 6A, ' Campbell Sub= division, _aforesaid,' and Lot 5, Alameda Estates, from ti which the Northeast coiner of said Lot 6A, - Campbell _ =" Subdivision bears North 29 000' East 6.00 feet; .; .,THENCE, along and with`the bo bet o on undary w^ee`e' n °y Lots 6A; .BB and, 8C, Campbell Subdivision and Lot b Alameda Estates, South 29°00' Eaet; _130.00 feet to `� the Southeast corner of the said Easement and of this tract; • _ •'TfIENCE, . North "61 °00' West,,. 10.00 feet }to,, a` point for the, Southwest corner of this tract; h ; ­—THENCE, North 29000'•East 130.00'feet to "a point for`the ` ¢ Northwe ®t corner of thi'e tract; ;= THENCE; South „61°00' East 10.00 feet to the'PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises, together with all and _ singular the rights;- privileges and appurtenances theretb'in any inanner be- . -,.. F longing unto the said O: $:' WYATT, JR., his heirs and assigns, gn s.-forever , "'but without warranty on, the part of the CITY OF CORPUS CHRISTI, TEXAS.} ? WITNESS the execution hereof this _ '` `4 . - - 'day of • 1959, by the City Manager _ of -the City of Corpus Christi; Texas, by authority, of Ordinance No.: CITY OF 'CURPUS'CHRISTI, TEXAS BY- t= ; City Manager r r ATTEST: • t f s ;: t _ City Secretary " ' 4• _ " ,;` ', Q • ' , - 'Approved as to legal, form this the x'=1959.'. .' ; City Attorney; ,;r, ,i .f STATE OF.TEXAS` 'V, COUNTY OF NUECES • . 4'_ Before me, the undereigned,y a Notarq Public in and or said County and State,' ;on this 'day personally appeared werhert W: whitnev City Manager` of the City of Corpus Chrteti, Texas, "known to the to be the person whose name fe'subscribed to the foregoing instrument, and acknowledged '- to me that he execpted the same for the purposes and consideration and in the .: ` - `- ` capacity theiein' expressed. ddt�� tt� dd de aid ' GIVEN UNDER MSC inAY D thgB SAL OEg vFFIC_a,Ct 's n a day of . Rotary.. ,u 1 e in'and for Nuecea County, Texas: `P-- js CORPUS CHRISTI, TEXAS I J �9 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 SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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 RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF C 5 CHRI TI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY ICING .JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. L.OZANO, SR. �7 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; ELLROY KING GC I JAMES L. BARNARD MRS. RAY AIRHEART /a JOSEPH B. GUNN PATRICK J. DUNNE 1 R. A. HUMBLE d � GABE L. LOZANO, SR.