HomeMy WebLinkAbout05340 RES - 05/06/1959IMS :JKH:5 -1-59
A RESOLUTION
ACKNCWLEDING THE NONEXISTENCE OF AN ALLEY
SHOWN ON THE PLAT OF BAYV IEW ADD ITIOL TQ.THE
CITY OF CORPUS CHRISTI AND APPEARING ON SAID
PLAT AS BEING AN ALLEY IN BLOCK 8 IN SAID
BAYVIEW ADDITION AND EXTEND THROUGH TRE
BLOCK LYING BETWEEN MORGAN AVENUE ON THE SOUTH
AND CRAIG AVENUE ON THE NORTH; AND DECLARING AN
EMERGENCY. --
WHEREASf THE PLAT OF BAYVIEW ADDITION TO THE CITY OF CORPUS
CHRISTI, FILED IN THE RECORDS OF THE COUNTY CLERK OF NUECES COUNTY,
TEXAS,, HAS DESI"GNATEDd THEREON A BLOCK DIVIDED_ —INTO COTS BOUND—ON --THE
SOUTH BY MORGAN AVENUE ON THE NORTH BY CRAIG AVENUE, ON THE WEST
BY SANTA Fe,- AND ON THE EAST BY THIRD STREET, WHICH BLOCK IS DESIGNATED
AS BLOCK 8 OF SAID BAYVIEW ADDITION; AND
WHEREAS SAID PLAT OF SAID BLOCK 8, BAYVIEW ADDITION TO THE
CITY OF CORPUS CHRISTI, HAS A 15 FOOT ALLEYWAY DESIGNATED ON SAID PLAT
AS EXTENDING FROM MORGAN ON THE SOUTH TO CRAIG AVENUE ON THE NORTH, BUT
IT HAS BEEN SHOWN TO THE SATISFACTION OF THE CITY COUNCIL THAT SAID
ALLEYWAY HAS NEVER IN FACT BEEN OPENED ON THE GROUND AND HAS NEVER BEEN
USED BY THE PUBLIC AND HAS NEVER BEEN MAINTAINED BY THE CITY AS AN ALLEY-
WAY; AND
WHEREAS, IT IS DEEMED TO THE BEST INTERESTS OF THE PUBLIC THAT
RECOGNITION BE MADE OF THE NONEXISTENCE OF ANY USE OF SAID ALLEYWAY
DESIGNATED ON SAID PLAT AS A PUBLIC ALLEY:
NCW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT IT IS RECOGNIZED THAT THE AREA DESIGNATED IN
BLOCK 8 OF BAYVIEW ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY
TEXAS, AS SHOWN ON A MAP OR PLAT OF SAID ADDITION ON FILE IN THE OFFICE
OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, HAS NEVER IN FACT BEEN DESIG-
NATED ON THE GROUND AS AN ALLEYWAY AND HAS NEVER BEEN USED OR MAINTAINED
AS AN ALLEYWAY NOR IN ANY WAY ACCEPTED BY THE CITY OR THE PUBLIC AS BEING
A PUBLIC ALLEYWAY, AND IT IS TO THE BEST INTERESTS OF THE PUBLIC THAT
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NO ALLEYWAY BE OPENED OR IMPROVED AS DESIGNATED ON SAID MAP OR PLAT.
SECTION 2. THE NECESSITY FOR DECLARING THE NONEXISTENCE OF
AN ALLEY EXTENDING THROUGH BLOCK 8, BAYVIEw ADDITIONS AS HEREIN DESCRIBED
BE A MATTER OF PUBLIC RECORD 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 MAYORS HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION
OF SAID CHARTER RULE AND THAT THIS RESOLUTION BE PASSED FINALLY ON
THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLUTION TAKE EFFECT AND
BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED.
PASSED AND APPROVED, THIS THE__� DAY OF MAYS 1959.
ATTEST:
�J MAYOR
1 THE CITY M&ORPUS CHR TIC TEXAS
CITY SECRETARV
APPROVED AS TO LEGAL FORM THIS
THE 1ST DAY OF MAY, 1959:
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CITY TO NY
CORPUS CHRISTI, TEXAS
C
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; t,-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 COR US CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE%
ELLROY KING
JAMES L. BARNARD
9
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MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
C
R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED
BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
_.
MRS. RAY AIRHEART
J
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
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THE STATE OF TE%A8
COUNTY OF NIIECES
BEFORE ME, the undersigned authority, on this day
personally appeared C. N. Coleman who being by me duly sworn
on oath deposes and says:
My name is C. N. Coleman. I am the son of C. E.
Coleman who in March and April of 1921 purchased Lots Nos.
1, 2, 19 and 20 of Block 8, Ba7view Addition to the City of
Corpus Christi. Later, in 1926, my father purchased Toot 3,
Block 8 of said addition. 1
in or about the month Of January in the year 1922 my
father constructed his residence on Lots 1 and 2. The garage
for the residence was constructed on Lot 19, a little to the
west of the alley which was platted as running through Block 8.
I do not believe the garage encroached on the alley but the
area platted as alley was included within the backyard of our
residence. It lay between the garage and the house itself,
and was at all times from the time the house was built in
1922 until it was sold to Wees Corporation and the house torn
down in 1957 the area platted as alley was obstructed and used
as yard area, having on it sidewalks, shrubs, landscaping,
trees and at various times fences and other obstructions. it
was never used as, or considered to be an alley, but was claimed
adversely as part of the residence premises.
in 1945 the west 100 feet of Lots 19 and 20 were sold.
The east portion of said lots, together with the alley area and
Lots 1, 2 and 3 were retained as part of the family home area
until all of such property was sold to Wees Corporation, in
1957.
I have been familiar with the alley platted through
Block 3, Bayview Addition, and its use ever since January, 1922.
At no time from 1922 to the present has the alley ever been
open and it is not open at this time. From 1922 to the present
Coleman
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it has continuously been blocked by various garages, houses,
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fences, trees and other obstructions and has never been opened
or used as a public alley, but to the contrary, has been ob-
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strutted and encroached upon and, so far as 2 know, claimed ad-
versely by the various owners along the alley. At no time
from 1922 to the present has the alley been opened or used in
the area of Lots 1, 2, 3, 4 and 17, 18, 19 and 20 of said Block
8.
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C. N. Coleman
SUBSCRIBER AND SWORN TO BEFORE ME, the undersigned I
authority, by C. N. COLEMAN, this o� C) { h day of A� :. ,
1959, to certify which witness my hand and seal of office.
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'Notary guollc, Nueces" ounce Texas
c .4 THr/O /Ni. M /TCHa V
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