HomeMy WebLinkAbout05410 ORD - 07/01/1959JKH :7 -1 -59 ,
AN ORDINANCE
DECLARING ABANDONED A CERTAIN UTILITY EASEMENT
GRANTED BY J. E. MITCHELL AND 6JIF , ELOISA MITCHELL,
BY DEED DATED APRIL , 1 26, AND RECORDED IN VOLUME
PAGE��OF THE DEED RECORDS OF NUECES COUNTY,
163,
TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A
QUITCLAIM D- EED`OF SAID EASEMENT UNTO THE PRESENT
OWNERS; AND DECLARING AN EMERGENCY.
WHEREAS, AN EASEMENT WAS GRANTED BY J. E. MITCHELL AND WIFE, ELOISA
MITCHELL, TO THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF LAYING SEWER LINES
UPON LANDS COVERED THEREBY, SAID INSTRUMENT BEING DATED APRIL 9, 1926, AND
RECORDED IN VOLUME 163, PAGE 626 OF THE DEED RECORDS OF NUEGES COUNTY,
TEXAS, WHICH EASEMENT WAS AND IS NOT NOW USED OR NEEDED BY THE CITY OF
CORPUS CHRISTI, TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT ALL OF THAT CERTAIN EASEMENT DEEDED TO THE
CITY OF CORPUS CHRISTI BY J. E. MITCHELL AND WIFE, ELOISA MITCHELL, DATED
APRIL 9, 1926, RECORDED IN VOLUME 163, PAGE 626 OF THE DEED RECORDS, NUEGES
COUNTY, TEXAS, BE AND THE SAME IS HEREBY DECLARED ABANDONED AND RELEASED AND
RELINQUISHED BY THE CITY OF CORPUS CHRISTI.
SECTION 2. THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A
QUITCLAIM DEED OF HEREINABOVE DESCRIBED EASEMENT UNTO THE PRESENT OWNERS,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF -
SECTION 3. THE NECESSITY FOR RECOGNIZING THE ABANDONMENT OF THE
EASEMENT HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE 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 DE-
CLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE
SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED
1 5410
s _
FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS SAGES IT
15 ACCORDINGLY PASSED AND APPROVED, THIS THE
DAY OF
1959-
ATTEST: MAYOR
THE CITY OF CO CHRISTI TEXAS
CITY SECRET RY
APP�D AS TO L AL RM THIS
THE DAY OF
< �µ
Ty ATTORNEY
e . --
dlUlT�,.�,. LI�IM DAD
THE St'ATE OF TEAS
COUNTY OF KULCES i
WHEREAS, THERE WAS ORAUTEO BY INSTRUMENT,DA?c* APRIL 9#,1926#
AND RECORDED IN VOLUME 163,' PAGE 626 OF THE DEED RECORDS OF NUECES COURTY,
TESCAO, AN EABENENT BY d. E. MITCHELL AND WIFE'# ELOISA MITCHELL# TO THE
CITY of CORPUS CHRISTI! FOR THE PURPOSE of LAYING SEVER LINES UPON LAND$
COVERED TNEREOYI WHICH EASEMENT WAS AND IS NOT NOW USED OR NEEDED BY THE
CITY OF CORPUS CHRISTI, TExASC'
Rod,, WJMFOM, K-M ALL fEN SY MSE PKSENTS THAT THE CITY
OF CORPUS CRRiBYiy,TEXAS, A MUNICIPAL CDRPORATIOS, ACTING UNDER THE MOMS -
RULE STATUTES OF THE STATE OF TEXAS, CRAMTEE IN THE ABOVE MtNTIONEO INSTRU-
MENT, FOR AND IN C01401DERATION,Of ONE DOLLAR IN BAND PAID! THE
RECEIPT OF WHICH 18 HEREBY ACKNOWLEDGED, BY d. E. MITCHELL AND WIFE„ -
ELOIBA MITCHELL, DOES HERESY RELEASE, RELINQUISH AND QUITCLAIM U)11`0 111&
PRESENT OWNERS OF.THE LAND SURDENEd 8Y THE EASEMENT GSANTED IN SAID
INStRUMENT ALL RIGHT, TITLE AND INTEREST IN AND TO TRE LAND DESCRIBED
IN SAID INSTRUMLNT AND ACQUIRED BY THE CITY DY_YIRTUE of SAID - INSTM MENT, .
SAID LAND KING MORE PARTICULARLY DESCRIBED All FOLLAWSO
ALL OF LOTS NOS. ONE (1), Tvo' (2) AND THREE.(3) IN
BLOCK NUMBER TEN (90) OF Mogal 6 AND i4i TCNELR ADDITION
TO THE CITY OF CORPUS CHRISTI, TEXAS.
BXEGOTEQ THIS DAY OF D, 195 8P tHE -FbITY MANAGER
or THE CITY of CORi#ISCRRIOTi, TEXAS$ BY AUTHORITY OF ORDINANCE NO._.
ATTEBTs CITY DF CORPUS CHRISTI
S
CITY SECRETARY RT + HITNEY
CITY MANA3E8
APPRO M AS TO LEGAL F091 THIS
THE DAY -
CITY ATTO_ RNEY -
THE STATE OF TEXAS i
COUNTY or NIECES
BEFORE MEp THE UNDERSIGNED AUTHORITY# ON THIS DAY PERSONALLY
APPEARED HERMRT W. WNITM CITY MANAGER OF THE CITY of CORPUS CHRISTI,
TEAS* KNOWN TO NE To BE THE BERSoN WHOSE RARE 14 SUOSCRIOED TO TAE FORE
QPIN4 IN:TeYMENT AND ACWHOWL91911 TO ME TNAT NR RXt41YTt;1 THE :AMR PDli TUC
PuRPlit: A++D COMilDR6A41sN THEREIN RXPItL4S9Dy AND IN TUC CAPACITY IMMIX
&TA:RD AND At INC ACT AND DEItD 4F SAID CITY*
61ViLN UNDER W HM AND SM OF OFFICE# T1401 Txg� DAy #F
- 1959•
NOTARy PUBLIC' IN AND FOR NVEC88
CDUNTys TEXAD
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- t
CORPUS CHRISTI, TEXAS
4-1 19271
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 CORP HRISTI, ERAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE%
EGLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
I
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZAN02 SR.
i