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HomeMy WebLinkAbout06168 ORD - 06/07/19617 IMS:BB 6 -7 -61 TEXAS: C AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE EASEMENT OF A PORTION OF THE RIGHT OF WAY OF ALAMEDA STREET EXTENDING SOUTHWARD FROM EVERHART ROAD ON THE WESTERN SIDE OF ALAMEDA STREET TO E. A. SARMAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE .A PART HEREOF, UPON THE TERMS AND CONDITIONS SET OUT IN SAID EASE - MENT, SUBJECT TO THE LIMITATIONS PROVIDED BY THE CITY CHARTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A USE PRIVILEGE EASEMENT OF A PORTION OF THE RIGHT OF WAY OF ALAMEDA STREET EXTENDING SOUTHWARD FROM EVERHART ROAD ON THE WESTERN SIDE OF ALAMEDA STREET, TO E. A. SARMAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, UPON THE TERMS AND CONDITIONS SET OUT IN SAID EASEMENT, SUBJECT TO THE LIMITATIONS PROVIDED BY THE CITY CHARTER. SECTION 2. THE URGENT NEED OF THE GRANTEE FOR THE GRANT HEREINPROVEDED TO PERMIT THE ERECTION OF IMPROVEMENTS PERMITTED BY SAID GRANT AS SOON AS POSSIBLE 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 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, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTE PASSED AND APPROVED THIS / DAY OF ATTEST: CITY SECRET APPROVED AS TO LEGAL FORM IS , 1961: 7 DAY OF CITY ATTORNEY PASSAGE, IT IS ACCORDINGLY , 1961. MAYOR L is THE CITY OF CORPUS CHRIST Ntemo18 -7-61 THAT THE CITY or CORPUS CHRISTI ACTING BY AND THROUGH ITS DULY. • • AUTHORIZEO CITY MANAGER, HERBERT •W. •WHITNEY, FOR AND IN.CONSIIDERATION OF THE SUN OF 1EN 4410.00) DOLLARS TO IT IN HAND PAID BY A.' SOFRO , or. ; CORPUS CHRISTI, NDECE9 COUNTY, TEXAS, THE RECEIPT OF WHICH 15 HEREOY A CKNOYREDGED AND CONFESSED, HAS GRANTED, -SOLD AND. CONVEYED' AND 0Y THESE PRIESENTS,'DOE9 HEREBY GRANT,.DELI. AND CONVEY UPON THE • CONDITIONS HEREIN -' AFTER STATED, UNTO THE. SAID E. A. $AR$AN THE RIGHT TO :CONSTRUCT, RECON= STRUCT AND MAINTAIN. FOUNDATIONS_AND - POtEB TO SUPPORT. A,CANOPr ON AND OVER A PORTION OF THE PUBLIC'RIGHT OF WAY OF SOUTH ALANEDA STREET- EXTENDING GOUTHWARD FROM THE INTERSECTION OF EVERHART ROAD A DISTANCE orIOD FEET, • MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OP LOT 11, BLDCKt2, OF AWALOH PLACE, -AN ADDITION TO'THE C,ITY'OF CORPUS- CH1ISTI AS SHOWN BY MAP OR. PLAT OP RECORD IN'VOL. 8, PAQE ! Or • it THENCE N 31° O10 l WITH TtIR•EAST BOUNDARY LINE OF 1A1O LOT 11, A.DISTANCE OF 91.76 FEET TD'A POINT) -, II THCNCc.I1 A WESTERLY DIRECTION WITH THE ARC OF A,CtRCULAR, CURV TO THE LEFT HAVING A RADIUS Dr 20 FEST -A DISTANCE OF 41.6b' TO A. POINT) THENCE N.290 O0' C A DISTANCE OF 92 FEET MORE OR LESS.TO ITS INTERSECTION .WITH THE W-EDT'RIGHT OF WAY LINE OIjI •ALAMEDA STREET EXTENDED FROM THE NORTH SIDE OF EVERHART ROAD) THENCE $ 31© 04* C.Wr TH THE WEST BOUNDARY LI®E;OF LAMCDA STREET AS-EXTENDED :FROM THE NORTH SIDE OF EVERHART1ROAO A. DISTANCE OF 155 FEET MORE OR LESS TO A POINT IN THE NORTH - EASTERLY .EXTENSION OF'THESOUTH BOUNDARY LINE OF SID LOT 11s ' THENCE IN A,SOUTHWESTERLY DIRECTION WITH THE NORTI(fAOTENLY. EXTENSION OF THE SOUTH BOUNDARY LINE OF SAID. LOT 11 A DISTANCE OF 50 FEET to THE PLACE OF BEGINNING. TO HAVE AND TO HOLD THE SAME UNTO THE SAID C, A. SAAMAN, HIS SUCCESSORS .AND ASSIGNSa TOGETHER WITH THE RIGHT AND PRIVILEGE TO CONSTRUCT AND MAINTAIN THE SUPPORTING POLES INCLUDING FOUNDATIONS THEREFOR, AND CANOPY SUPPORTED. THEREBY EXTENDING OVER AND ABOVE A PORTION. or SOUTH.' ALAMEDA STREET AS ABOVE DESCRIBED, "IT BEING UNDERSTOOD THAT THEFOREGOINO CASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS: (A) C. A. SARMAN AGREES THAT HE WILL - MAINTAIN SAID AREA BY REPAIRING AND KEEPING IN REPAIR THE PAVED PORTIONS THEREOF DURING THE, •LIEF OF THIS 1:ASCMENT.. (a) THAT E. A. SARNAN, N18 CSUCCESS0R8 AND.ASSIONe WILL NATE: AND CEP WARl1LES9 THE ,CITY or CORPUS CHRI*T6,;TEII4si FROM AMY,'ANF ALA CLA$MS•rOR UA011-ITY BY REASON'or THE CONSTRUCTION; MAINTEIIAYCE ARO ENISTERCE OF INC , POLO AND CANOPY OR BY REASON OF THE FAI;VRi or /Hi SAID E.'A. SARNAN,TO MEP THE'PAVEMENT''IN REPAIR AS N•EREINABIIYE STATED. TNAT THE 40.6 T 0 REPAt.RED ANT UAMAIiC To, THE CITY STREET, PAVEMENT OR OTHER PUBLIC lNl'R(lYEMENTS THEREON'DY REASON OF CONSTRUCTION; MAINTENANOE, REPAIR OR R*VAL OF' THE:. SANG, (o) 'THAT IN 7NC USE OF THE RIGHTS PRINTED 111 rdlt CASEMENT; SAID E.A. BARMAN WILL COMPLY WITH ALL CITY ORDINANCES. RELATING TO INC CONSTRUCTION OF'THE SUPPORTS!,AND CANOPT ABOVENENTIOREDy,REE.ANY AND_'ALL • TAXES' THEREON PAID BEFORE IIECONING'DELfNQUENT, AND CONILYINt KITH AU. BUILO/NS.; HEALTW :AND SAFETY,ORDINANCCS OF THE CITY. 11 (E - THIS GRANT OF EASEMENT 15 SUBJECT TD THE. RE3 RtC71ONS, AND UNDERTAKINGS PROVIDED 111.THE CITY CHANTER AND -UPON, ANY REACH OF THE CONDITIONS HEREAN OR'TERMINATION THEREOF' OY THE CITY;.G TCE.SMALL '. ,c$DYE ANY AND AV. POLES; SUPPORTS AHD FOUNDATIONS THEREON ¶N0 RESTORE. IHC`PUOLIC.RIOHT OF WAY 70 ITS PRESENT' CONDITION AT tits OWN;,COST ANA EXPENSE. (Fr ;THAI .THE STRUCTURES A10 IMPROVEMENTS ANO USEe'AUTHORIZED HEREBY.SHA'LL BE EXERCISED ONLY BY .THE GRANTEE AND 1115.SLCCES50RS AND AMOR 5 USING.THE PREMISES ABUTTING THE AREA IIEREINABOVE DESCRIBED. (G) ANY S}GN- 00 SONS ERECTED D ANTE • Y GRE SHALL 0 Iq • • ACCORDANC W4Th ALL'CIT:Y ORDI!HANCES PERTAINING 'TO •THE..SANLij.'. (H) #T 15 SPECIFICALLY PROVIDED THAT IH'TNE.EVE T INC. CITY, SHOU1,D :ABANDON. INC STREET RIGHT •OR VAY *11D A PORTION OF INC PREMISES SUDJECT •TO THE EASEMENT HEREBY'ORANTEDs',THAT INC CASEMENT FjEAESY GRANTED SHALL AUTOMATICALLY RE.TERMINATED. (1) 1, THE SUN of TE* • (019.00) DOLLARS AROVENENTIO$ED ;,SMALL BE CONSIDERED AS'A RENTAL'PAYMENT FOR THE FIRST`TEAR DR'PORTI4N THEREOF Or UNE BT INC ,G+iRANTEC. ARO A PAYMENT or TEN, 010.00) DOI.WI* NNALL 011: ,. -2- • • CO{RRRPUS CHRI TEXAS TEXAS / DAY OF ay 194 / 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 RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL SE 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, YOR THE CITY OF CORPUS CHRI I,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES Le BARNARD JOSE R. DELEON M. P. MALDONADO We J. ROBERTS tier JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW! G VOTES BEN Fe MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. Po MALDONADO W. Je ROBERTS JAMES H. YOUNG