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HomeMy WebLinkAbout07484 ORD - 02/03/1965' Bjw:2/3/65 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AND EXECUTE A REVOCABLE EASEMENT AGREE- MENT WITH SARATOGA LAND COMPANY TO PERMIT THE CON- STRUCTION OF A FENCE ON THE PROPERTY LINE IN SUCH A MANNER THAT ONE -HALF OF THE MASONRY PIERS AND PART OF THE FOUNDATION PIERS WILL LIE WITHIN THE PUBLIC RIGHT OF WAY ALONG EVERHART ROAD IN COUNTRY CLUB ESTATES, EXTENDING ALONG THE EAST SIDE OF BLOCKS 35 AND 29 AND ALONG THE WEST SIDE OF BLOCKS 2 AND 3, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: I* SECTION 1. THAT THE CITY MANAGER, ACTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH SARATOGA LAND COMPANY TO PERMIT THE CONSTRUCTION OF A FENCE ON THE PROPERTY LINE IN SUCH A MANNER THAT ONE -HALF OF THE MASONRY PIERS AND PART OF THE FOUNDATION PIERS WILL LIE WITHIN THE PUBLIC RIGHT OF WAY ALONG EVERHART ROAD IN COUNTRY CLUB ESTATES, EXTENDING ALONG THE EAST SIDE OF BLOCKS 35 AND 29 AND ALONG THE WEST SIDE OF BLOCKS 2 AND 3, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUTLINED IN SECTION 1 HEREINABOVE 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE f 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 50 ORDAINED, THIS,THE .5 DAY OF FEBRUARY, 1965. ATT ti OR CITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM TH 3 DAY OF FEBRUARY, 1965: CITY ATTOR E1EY -�' r � F srWt2 /3/65 AGREEMENT THE $TATE QF T MS, � CVJNTY OF .NUECE5 i WFtERCAA$, THt SARATou LAND COMPAHYs DtVELDPERS OF COUNTRY CLU• EoiATES, DIQSIRES TD CONSTRUCT AN ORNAMENTAL FENCE DH AND ALONG VHS PROPERTY k LIME of GVERHART ROAD AT THE LOCATIONS HEREINAFTER PROVIOCO; AND _ ` ItiEREAS, A;yTILITY EASEMENT ,iS LOCATED ALONG THE PROPERTY LINES AT TOW 001014, WHICH MAKE IT MQNE'DCBIRApLE TO PLACE 109 MASONRY PIERS AND FOUNDATION PIERS PARvLv IN TK PUBLIC FIONT OF VAYj AND - - ki�RFR�q PLAAIS AND SPBCiFIt;A71DN3 FOR THE CONSTRUCTION Of ;AID ORHAM04TAL MOCE HAVE OCEN ORtSENTED T4 THE DEPARTMENT,- OF PNOLI C WORKS AND AECOWENDATICN RECEIVED-THAT SUCH CONSTRUCTION BE PERN17TEDS to, THMEFORE, KWM ALL 1£N BY TWSE PRESENTS -THAT' 3ARATOOA LAND COMPANY, fOR AHD IN GDHSIDERA tom OF THE pumms AND THE i1BR octiT :ON THE PART 4F THE CITY HEREINAFTER. CONTAINED TO HERESY AGREE TO AMD IIITH THE CITY ,fit CORFUa CHRIST; THAT SAID ENCROACHMENT SHALL BE MAINTAIIIEo 8D THAT IT SMALL HOT SE UlI Aft OR tONSTITUTE DANGER TO THE "44c, USING SAID RIGHT or WAY, AND THIS SAID AGREEMENT SHALL.tDNfTITI14C A tOYCNANT - RUNNINti WITN'THE LAND. $A1D.SARATOSA LAND COMPANY AGREES To INDEMNtFY AMD'HOLO'HARMLE14 THE CITY Of CORPUS CHRISTI AOAIHST.ALL CLAIMS WHICH 1419W AR at .AS,A RESULT OF AND ON ACCOUNT 'OF T11E ENCROACHMENT Of AN* MAINTENANCE OF *AID,CEIICE PARTLY ON THE SAID PW@LIC'RIGHT Of MAY* CITY OF CORPUS CHRISTI DOES A0jc* IN CON0090ATION Of THE F:OREODINO.OSLIGATION'OF 3ARATDGA LAND COMPANY AND ITS SUCCESSORS I.N: INTEREST I*MAIS AGUTTINO PROPERTY TO THE USE AND'FXIiTLNCE OF SAID 411CROAtHWINT ON SAID PUBLIC RIGHT' Or WAY AS A REVOCABLE PKPAIT 'fROM THE 'CITY'. SUBJECT 70 TERMINATION By THE:C$TY AT ANY TIME AS MAY 11C OETERNINED at THE P.ITYA OY WRITTEN NOTICE To SAID PERNITTEEO ADDRESSED TO'CORPUS CHRISt1, TEKAS Olt 'THE 3UdetbilVE LANDOWNERS IN SAIO @LOCKS AOUTTIN4 i1Ato EYEItHART'ItOAO +' UPON FAILURE OF THE SAID.tERNITTCE TO MAINTAIN.SAI0 ENCROACHMENT IN A.NANHtn ,mArt AND- :HARNLKSS T4 THE PUBLIC, 01! FAILURE OF 3 THE raw"ITT6C& TO OGGEMVC Tut Comol 'idiii D4 AMY RCOWAT&MT 0M /Man" APPLICAM 106R8TOy OR' V"N O"ICt As A 02"Al@s VMS MIGHT& G6QW'*O SAID @itCASACH t O1' Yt ONAM 9 AM ITS SVCCQS M AND ASSIONS SHALL ,CCAst AND at OP NO ►UATNBM fOMCC 08 C►►CCT. a1TMS OIR 14AMS IN DUPLICATE, CACH OF WHICH SHALL at CONSiDCRMD AN D HAL, THIS TK& _ DAY Of FtSRUARYJ I *- AiTE:ii I 66R1<TARv ATMTs CITY 900ARV Ali) AS TO LEUL MW TKIS DAV 0I FIIMIi M, t jt 61Tv ATTiniR[Y SAUTOU LAND CW*W Dv MCs/08NT CITY OF COM CM13T1 IMv CIILRr 4fNITNCT CITY RANAGE11 ®MCCLENDON & ASSOCIA11ES CONSULTING ENGINEERS AND SURVEYORS Jnnuary 27,1965 Mr. Jack Graham Director of Public Works City of COPPUS Christi City Hall Corpus Christi, Texas ATTENTION: Mr. Obie 3'.theridge Gentlemen: FILE JOB NUMBER OR DRAWER SUBJECT _ / 7 , % <- SUB-SUBJECT� LEWER FaXD BY _ DATE We are herein submitting three sets of prints of the proposed fence improvements along Everhart Rd. at Country Club Estates and Also three copies of the Country Club Estates preliminary map marked in red, to show the area in which the fence is to be constructed. Due to the fact that there is a utility easement along Everhert Road in which sanitary sewer, gas and telephone are installed, we feel that it would not be desirable to place the foundation for this fence within this easement and are herein requesting a special council approval to build the fence inaccordance with the details set out in which the batter pile and 35 of the brick columns would be in City ROW, However, the entire'cedgr fence would be on private property. Due to the fact that this requires council action, which they may not be able to issue after the February 3rd moratorium, we would appreciate your fordarding this to the council in order that they may act on it before the moratorium date. Very truly yours, McCLENDCN & ASSOCIATES ugdn r an ECU /ds Encl. ry •, w CORPUS CHRISTI, TEXAS DAY OF r TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS r 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 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. t RESPECTFULLY, v ' MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% JAMES L. BARNARD .JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOL .INGIVOTE: JAMES L. BARNARD JAMES H. YOUNG re JACK R. BLACKMON ad JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.