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I -MR STATE. OF TEXAS
CommX bi?,-CALHOTJN
CITE' OF PORT T-AVACA
by the Beard of Commlssicners of the vity of Port :;avac
Calhoun C,Ow y t Texas.
Attest
Secretary
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sSHA Z ®�RPA'RK
Fo O RECORD
--- —1 {SUB- ti S/ON OuT H GUE c:� :Y o �'oT L
/ / Off' THEW.4XIMO SANC ES LEA This _mendrd I'`lA or the Dc ��.^N,-r
PORT LAYACA, CALNOUN C0UA17Y TEXAS �dc�itiirl ��� ,�ro,r�' t1,i:� the lit as af:;<avcri'ber, 1 4�
e, 1948 f ;to ;� _�. . -, �� is nez•s cf ti-e Ci L_ of Fort Lavaca
� do certiCieG:te t.".ereq�
z .• . .., , _ 7_`: _Y_-"'r._ _ 'C� vi/ Engir7 &er Septem bey/- 9, /94S t +< F
B. LOwry- . :1 f F Q4.
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2
PETITION PAGE "2"
3. That thereafter the said Tom DeShazor re -subdivided and -
re -plated said Northwest 20.75 acres out of the original 31 acres
is accordance with the requirments of the Federal Housing Authority
for an approved addition, necessitating that the blocks, lots, streets
and alleys, as laid out in the original Ezzell Addition Plat, be
altered'and changed so as to conform to and connect up with the
original DeShazor Park Subdivision already approved as a Federal
Housing -Authority Addition in order that it be accepted and approved
as an extension thereof; That a part of the DeShazor Park amended
subdivision conflicts with the original Ezzell Addition as to @11
Blocks F and D and the alleys thereof; all of Lots 4,5,6,7 and the
Southwest 52.32 feet of Lots 3 and 8 of Block C and the alley
thereof; all of Sots 4 to 16 both inclusive-, and the South 52.32
feet of Lot 3, of Block B; all of York and Milani Streets and the -
adjacent parts of Palm Drive and Record Street within the said
20.75 acre tract, which said DeShazor Park Amended Subdivision
was approved by the Board of Commissioners on 24th day of November,
19482 and daily filed and Recorded in the Deed Records of Calhoun
County, Texas, in Volume Z, Page 94 of the Plat Records; that
said property is within the city limits of the City of Port Lavaca
Texas, the County Commissioners Court is without jurisdiction, and
action must betaken by this body for the correction of said over-
laping subdivision and street and alley dedications, inorder to
clarify the title records, to prevent double taxaction, the un-
necessary expense of street maintenance without prejudice to the
rights of the public and soly for the protection of the rights
of all the property owners hereof, that this Honorable Board of
Commissioners , by proper hearing enter its order by way of
ordinance officially abandoning and canceling the above described
Blocks,;, Lots, Streets and alleys of the original Ezzell Addition
returning the same to acreage, and accepting in lieg thereof and
in consideration therefor, the resubdiviaion thereof by Tom De-
9y
a
Petition Page 3
Shazor, as the Amended DeShazor Park Subdivision as approved on
the 25th day of November, 1948) and that the original Ezzell
�ddition be declared as unacceptable to the city, not having
heretofore been properly dedicated by the owner thereof;as to
that section in the 20.75 acte tract and that a resubdivision
of the remaining 10.25 acres be made as hereafter provided$
4. Petitioners would further show that,as to the remain —
portion of said Ezzell Addition, only one tract was sold and
conveyed by reference to said subdivision and that to Homer
Glaze, one of the petitioners herein, the same being all of Lots
1 and 2 and the East 12 feet 8 inches of Lot 3, Block C; Ezzell
Addition, subject to certain restrictions, as recorded ma File
No. 34693, Deed Records of Calhoun County, Texas, Dated November
23rd, 19489 one of the restrictions being the right of the
seller, J. E. Ezzell, to replat and renumber the same; that one
contract of sale was entered into and that with John J. Faubion,
one of the petitioners herein, under~ similar restrictions,as to
Lots 1 and 2 and the East 12 feet 8 inches of Lot 3, Block B,
Ezzell Addition; That no other person,or persons,have any vested
rights herein other than these petitioners and that the entire
10.25 remaining acres be developed according to the requirements
of the city, with proper connecting streets and alleys, the ap—
proval of the Ezzell's Revised Addition is here requested and
petitioried as provided,inothe hereto attached plat thereof, duly
acknowledged and dedicated by J. E._ Ezzell as of the 6th day of
December-, 19480 disclosing as unchanged the remaining portions of
Palm Drive and Record �Streets, except for their extension accross
the heretofore unsubdivided acerage, opening new streets through
such acerage to,connect with Oren Street of the DeShazor Park
Subdivision, modifying the -original line of Beal Street at its
original north termination to connect with Lowry Drive of the
DeShazor Park Subdivision and the renaiming the- same "Lowry Drive'."',
cutting off the Northwest corner of Lot No. 2, Block A, and adding
the land to Northeast corner of Lot No, 1, Block B; Renumbering
Lots 112 and the North East 12.68 feet of Lot,3, as Lot 1, Block B;
(Being the identical property conveyed to J. J. Faubion by contract)
91
PETITION PAGE 4 S�
Renumbering Lots 1, 2 and the Northeast 12.68 feet of Lot 3,
Block C, as Lot No. 10 Block C; ( being the identical property
conveyed to Homer Glaze) id; Renumbering Lots 9, 10 and the
Northeast 12.68 feet of Lot 8, Block C, as Lot No, 2, Block
C, and the remaining acerage divided into Blocks Nos. D. E. F,
and G. and leaving'to the North East of Lots A, b, E and G an
easement for an un named future street and dedications for
utility easements.
Respectfully submitted.
MORTGAGEE APPROVAL
FIS S TE B 0 LAVACA* TEXAS
BY
Vice President Cas ier
%� G
AND WHEREAS., the Board of Commissioners, having heard the Petition
and the evidence submitted therefor, and finding the same to be true
and c orrect,and that J. E. Ezzell, DeShazor Construction Company,
Homer Glaze and John J. Faubion are the sole and only, owners of the
31 acre tract of land, as originally conveyed to J. E. Ezzell by
J..L.. Record by deed df record in Volume. 53, page 521, the
Northwest one-half of which was subdivided as the Ezell Addition on
the 5th day of September, 1947, and approved by the Board of.
Commissioners of the City of Port Lavaca,Texas, without a valid
acknowledged dedication, conveying to the Public thestreets and
alleys therein, and never therafter were the streets and alleys
opened up or used by the public as such, nor were sany sales made
b'i the said J. E. Ezzell conveying any of the lots and blocks thereof
to aD.y person, prior to the s ale of the northwest 20.75 acres of
land out of the original 31 acre tract to Tom Deshazor as.recorded
in Volume 62, page 462 of the Deed Records of Calhoun County,
Texas, which said acreage conveyances without mentioning the same
covered all of Blocks E and D,and all of Lots 4, 5,6, 7 and South-
west 52.32 feet of Lot 3 and 8 of Block C, all of Lots 4 to 16
inclusive and the Southwest 52.32 feet of Lot 3, Block Bo -together
with all parts of York and TyTilam Streets, the adjacent parts of Record
Street and Eilam Drive and the adjacent alleys of the Ezzell
Addition; that the same conflicts with the approved DeShazor Park
Subdivision and that no right of interest of any person, or of the
public will be in any manner prejudiced, and it will be benefit to
the owners thereof, and in the best interest of the city, if that part
of the above set forth and described Ezzell Addition be cancelled
and dismissed from the record and all lots, blocks,streets and alleys
returned to acreage in order that the DeShazor Park Extended
Subdivision covering the identical acreage, as approved by this Board
of Commissioners on the 24th,day of November, 1948, as recorded in
Volume Z, page 94 of the Plat Records of Calhoun County,Texas be -
re -approved and the streets, alleys and easements dedicated to the
Public therein be accepted by the'city in lieu of.and in consideration of
cancellation of the aforesaid parts of said subdivision
and all that part of.the Ezzell Addition contained within the 20.75
acre tract and all lots,.blocks, streets and alleyes thereof are
hereby ordered cancelled and declared to be null and void from the date
of its approval.
And the Board of Commissioners further agree that'as'to that part
of. the Ezzell Addition, not hereby cancelled and declared null and void,
and situated within the 10.25�acre tract retained by J. E. Ezzell, has
been extended to cover the entire 10.25 acre tract as subdivided as the
Ezzell's Revised Addition, with'proper dedication and acknowledgment by
the owner thereof, together with certain modifications and improvements
in public interest as follows: That the remaing parts of the palm ,Dr.ive
and Record Street are extended to the Northeast boundary of s aid tract;
that the original street line of Beal Street for a distance of 32.1
feet at its Northern Termination is modified so as to connect,up with
the street line of Lowry Drive of the DeShazor Park Subdivisions and
renamed in its entirety as Lowry Drive, cutting off' -the Northwest corner
of the unsold Lot No. 2, Block A and adding to the Northeast corner
of LoT No. 1 of Block B; that Lots 'l, 2 and the Northeast 12.68 feet of
Lot 3, of Block B, being the property contracted to be conveyed to
John J. Faubion has been renumbered in its entirety as Lot No. 1,
Block B; that Lots 1, 2 and the Northeast 12.66 feet of Lot 31 Block C
of the original Addition sold and conveyed to Homer Glaze, is re-
numbered in its entirety as 'Block No. 1 of Block C; that Lots 9, 10
and the Northeast 12.68 feet,of Lot 8 of Block C is renumbered in its
entirety as Lot No. 2, Block C, and the remaining acreage divided into
Lots Nos. D. E F and G, leaving to the north of Lots A, D. E and G• and
easement for one-half of a future city street, and that such c hangeg s
modifications, renumbering and renaming are in all things ratified and
approved, and it is so ordained by the Board of Commissioners of the
city of Port Lavaca,Texas, and this Ordinance is ordered filed in
of the city of Port Lavaca ,
the I1-inutes/and in the Deed Records of Calhoun County,Texas, and shall
take effect and be in force
}r, g ;,pass age
ATTEST:
aca,-lcexas .
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