Loading...
0035_Box 2 50-100_077APREL'A/L /'NG _ � - BREEZE P' { S9.7 " S9.7 So S8 S& N 3S� 20' 11i N LOWRY DR/!lE,4) Q� `SO uj�I h - / _ 2 al "10 \ I I c'. 5 > o o r1 50 5CIO BAUER ° b se s8 6 0 ., .. ,. „ 6 0 7a4.9 ISO %DI I 43 6O ° DRIVE /3 • o Id. 0 /40 6 I U/'itity Easement S 3 o Z¢ E 975.5 60 O N ---- 3- -�-a M ,�- ---6 - ==7 - 8 9-- /0 ✓ %% -- 2- --%3 /� /S /6 /7� /O. 411i // t Ea Pn, e n 36 2 3 ¢ ✓' A 6 8 y i se. 8 65 CHARLOTTE 112 / ��i �`�3/ � 30 29 2.8 27. 26 2.S 24 23 22 2/ 20 /9 /6 /7 � - _ 0 //2.7 Y oh_�-•--- -- 6`S P/nP/sf --------- - -- - -- ---- - -- - i f ^ 477 6S ---- ---- --- -- -- --- ---- --- - -- i 1 1 4t 5 6 7 8 9 /O // /2 / 3 /4 IS h / � 6 r o• ; k.. O N w S6 5B 60 0 28 27 26 2S 23 22 2/ 90 /9 /.6 /7 /6; E Ease e171 ---- - --- - ---- --- --- --- ---- / 2 3 4 s 6 SB 58 6 p „ .. 60 t1 /2 I /44 I I� h DR%VE �: 8 -s 8 58 6 0 3o Z9 26 27 26 25 24 23 22 2/ 20 /9 /8 /7 /6 / Z 3 ¢ S. 6 '7 58 S8 60 60 � h j 1 I �I 141.9 0 0 -- -O Y- RIVE I 6 T 15 A L'COA SB 58 6 0 " 60 /3 /4 /s /4/ 6 N N� So 74/ N 3 S',. 24 3 74. 7 D R/ VE 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 PRE!/- /NGll�/ 6REEZE ffl ° CHARLOTTE h 112 ax A3/ 1) 30 29 28 ' 27 26, PS 24 23, 22 2/ 20 /9 l8 /7 a or GS --- ---- --- ----- ---- -------- '� -- µ ------ --- ----- ---- ----- ---- Rio—�cx,r 6S- /4S•4I 6S TombfY _. 0 4 % lb / 2 3 4 6 7 8 9 �/O // iC /2 13 /4¢ /5 16 .5 /.32.7 6S 4048 n r 94 QD ' 1 t- DR/VF�m 0 i41 _ � 1 I • -- _-- S' Ufi/ity E�scment , i 1 __. `' • O / �/ �i / 2 /3 /7 ; , ry N 4 1 se s8 60 •, w .. ,. .. .. .. •• 40 i/a4.9 DRI VE ti N• /a , �� l O I• N I. M N /I /I 1/ //. 'I VV p 2 9 28 27 26 25' 24 23 22 2! 20 /9 :3 /O' U 1/ice --- Ease eni K / 2 3 4 S 6 S8 SS 60 ,. N ,. N .. /• 6 a I i t¢ q 9 I - ,; I /4q I `�O N h DRIVE N Zt 4 5 P 58 rO 0 n w w // V .I '/ i N ,30 29 23 2 7 26 25 24 23 22 2/ 20 /9-- /6 M /O Ufi/i1 Easement , 6 7 8 9 /o // / 2 /3 5 8 58 40 N I /I N )/ /Y N M 6 0 DRIVE ! 50 Iy F . /a2.s b 1 '1a/.9 J 1 58 , IVa 6O 8 Al 9 /o ii /2. /3 /4 /S S8 Jr8 6O n � w M ). .I • It 6O IN i wi ry A L C OA _ : ' • • ` , { , z 3 74.7 D R/ M E } 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. ,ea,1 f ,e,_ r e tar '?Y 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 . 9y