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Home My WebLink About05551 ORD - 11/04/1959JAW. -mw 11 -2 -59 AN ORDINANCE AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO PURCHASE FOR THE SUM OF $7''50.00, AN EASEMENT FOR UTILITY PURPOSES, AND A TEMPORARY CONSTRUCTION EASEMENT NOT TO EXCEED ONE YEAR, AND MORE EXACTLY DESCRIBED HEREIN, OVER, ON, UNDER AND ACROSS A TRACT OF LAND IN NUECES COUNTY, TEXAS, OWNED BY LAURA H. SMITH, ET AL, SAID EASEMENTS TO BE CONVEYED BY EXECUTED EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $750.00 FROM SANITARY SEWER SYSTEM BOND IMPROVEMENT•FUND NO. 250; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED TO PURCHASE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE SUM OF $750.00, FROM LAURA H. SMITH, ROY SMITH, LUCINDA SMITH MARKINS, J. 0. SMITH, NOLAN SMITH, GEORGE T. SMITH, CARL SMITH, STELLA SMITH AND RAY SMITH, A UTILITY EASEMENT FOR SEWER PURPOSES ON, OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED LOT, TRACT OR PARCEL OF LAND IN NUECES COUNTY, TO -WIT; A TRACT OF LAND 15 FEET IN WIDTH AND 685 FEET MORE OR LESS IN LENGTH OUT OF FRACTIONAL SECTION 4 RANGE IX HENRY L. KINNEY SECTIONALIZED LANDS AND BEING OUT OF THAT SAME TRACT OF LAND CONVEYED TO ROY SMITH AND RAY E. SMITH BY EDN1 LENNOX, A FEME SOLE, BY DEED DATED FEBRUARY 11, 1947, AND RECORDED IN VOL- 358, PAGE 497, DEED RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING 7.5 FEET EACH SIDE OF A CENTER LINE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH BOUNDARY LINE OF LINDA VISTA STREET, SAID POINT BEARS S890 - 12' - 40" E. 183 FEET FROM THE NORTHEAST CORNER OF BLOCK 8 OF THE COLO,NIA HIDALGO ADDITION AS SHOWN BY MAP OR PLAT OF RECORD IN, VOL. 10, PAGE 49, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE SOUTH, PARALLEL TO AND 183-00 FEET EAST OF THE EAST BOUNDARY LINE OF SAID BLOCK 8, COLONUA HIDALGO ADDITION, A DISTANCE OF 685 FEET MORE,6h LESS TO ITS INTERSECTION WITH THE NORTH BOUNDARY LINE OF LEXINGTON BOULEVARD. AND A TEMPORARY CONSTRUCTION EASEMENT DURING THE PERIOD OF CONSTRUCTION OF A SANITARY SEWER TRUNK MAIN, BUT SAID TEMPORARY CONSTRUCTION EASEMENT NOT TO EXCEED THE PERIOD OF ONE YEAR FROM THE DATE OF CONVEYANCE OF THE UTILITY EASEMENT, SAID TEMPORARY CONSTRUCTION EASEMENT TO PARALLEL AND ABUT THE ABOVE DESCRIBED UTILITY EASEMENT TO THE EXTENT OF A WIDTH OF 25 FEET IMMEDIATELY WEST OF THE ABOVE DESCRIBED EASEMENT AND 49.5 FEET IN WIDTH IMMEDIATELY EAST OF THE ABOVE DESCRIBED EASEMENT. 5551 SECTION 2. THE CITY MANAGER IS AUTHORIZED TO PAY THE PURCHASE PRICE OF $750.00 UPON DELIVERY FROM THE SAID OWNERS OF THE ABOVE EASEMENTS BY EXECUTED INSTRUMENT IDENTICAL TO A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THERE IS HEREBY APPROPRIATED FROM THE SANITARY SEWER SYSTEM BOND IMPROVEMENT FUND NO. 250, PROJECT NO. 250- 51; -9.2, UNIT 11, WESTSIDE TRUNK SEWER MAIN, THE SUM OF $750.00 FOR SAID PURCHASE. SECTION 4. THE FACT THAT THE CITY IS PRESENTLY CONSTRUCTING A 54 INCH SANITARY SEWER MAIN ACCORDING TO PLANS WHICH CALL FOR INSTALLATION ACROSS THE LAND ABOVE DESCRIBED, AND AN EASEMENT FOR INSTALLATION, CON- STRUCTION AND MAINTENANCE OF SUCH SEWER MAIN IS NECESSARY, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE � DAY OF NOVEMBER, 1959• MAYOR THE CITY 0 ORPUS CHRI 4 I, TEXAS ATTEST du-,'j "� � CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 2ND DAY OF NOVEMBER, �1959: �,� �� ATTORNEY STATE OF TEXAS COUNTY OF NUECESI UTILITY EASEI m KNOW ALL MEN BY THESE FRESERTS: THAT LAURA H. SMITH, ROY SMITH, LUCINDA SMITH MARKINS, J. 0. SMITH, NOLAN SMITH, GEORGE T. SMITH, GAIRL'SMITH'TSTHLLA SMITH AND RAY SMITH of the County of Nueces, State of Texas, for an in consideration of the sumjof $40M DOLLARS to in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, have granted and conveyed, and by these presents do grant and convey unto the City of Corpus Christi, Texas, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas and being described as followsg A TRACT OF LAND 15 FEET IN WIDTH AND 685 FEET MORE OR LESS IN LENGTH OUT OF FRACTIONAL SECTION 4 RANGE IX HENRY L. KINNEY SECTIONALIZED LANDS AND BEING OUT OF THAT SAME TRACT OF LAND CONVEYED TO ROY SMITH, J. T. SMITH AND RAY E. SMITH BY EDNA LENIN�OX A FEME SOLE BY DEED DATED FEB. 11, 1947 AND RECORDED IN VOL. 358 PAGE 497, DEED RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING 7.5 FEET EACH SIDE OF A CENTER LINE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE BOUNDARY LINE OF LINDA VISTA STREET, SAID 4 POINT BEARS S 89° - 121 - ° E. 183 FEET FROM THE NORTHEAST CORNER OF BLOCK 8 OF THE COLONIA HIDALGO ADDITION AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 10 PAGE 49, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE SOUTH, PARALLEL TO AND 183.00 FEET EAST OF THE EAST BOUNDARY LINE OF SAID BLOCK 8, COLONIA HIDALGO ADDITION, A DISTANCE OF 685 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTH BOUNDARY LINE OF LEXINGTON BOULEVARD. AND ALSO, THE RIGHT TO USE LAND EXTENDING AN ADDITIONAL 22.5 FEET WEST OF THE 15 FOOT UTILITY EASEMENT ABOVE DESCRIBED AND AN ADDITIONAL 1:9.5 FEET EAST OF THE 15 FOOT UTILITY EASEMENT ABOVE DESCRIBED, MAKING A TOTAL OF 87 FEET DURING THE PERIOD OF CONSTRUCTION NOT TO EXCEED ONE YEAR FROM THE DATE OF THIS CONVEYANCE. together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for_the purpose of constructing, laying, and keeping public utility lines, and for the purposes, of maintaining, servicing, repairing, and inspecting said lines under, on, and along said tract. t TO HAVE AND TO HOLD, all and singular, the rights and-privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal rep- resentatives, for the proper use as a utility easement and utility right -of- way, for so long as used for such purpose,-and if the use for said•emsement and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges sha11 cease. WITUM ?Lm this the day of 19-- STATE OF TMAB CoT7N' y of =CM Before me, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared, known to me to be the person vhose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein 8xpressed. Given under my hand and seal of office this day Of , 19-- Wdt�iry Public in and for Fu aces County, Texas STATE OF MAS CoANTY of ND$CES Before me, the undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing 3natrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 1 19— Rotary PablIc in and For es County, Texas i I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance hiss In the Treasury of the City of Corpus Christi to the credit of No. V- S 0 Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �I 4k4l Director of Finance CORPUS CHRISTI, TEXAS DAY OF Y11". 19_'a TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 RESOLU- TION 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, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOH THE CITY CORPUS CH 6STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY 7 ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.