Loading...
HomeMy WebLinkAbout08009 ORD - 05/11/1966B.JW:5/9/66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE ENLARGEMENT AND IMPROVEMENT TO COLE PARK, ALL AS MORE FULLY SET OUT IN THE EASEMENT AGREEMENT, 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: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN EASEMENT AGREEMENT WITH SCOTCH INVESTMENT COMPANY WHEREBY THE CITY WILL BE PERMITTED TO USE A PORTION OF THE PROPERTY LOCATED ON THE SHORE OF CORPUS CHRISTI BAY AND NOW CALLED 'EMERALD COVE° FOR TEMPORARY ROAD PURPOSES AND STOCKPILING OF FILL MATERIAL DURING THE ENLARGEMENT AND IMPROVEMENT TO COLE PARK, ALL AS MORE FULLY SET OUT IN THE EASEMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORE- SAID AGREEMENT IN ORDER THAT THE PROPOSED ENLARGEMENT AND IMPROVEMENT OF COLE PARK MAY BE BEGUN WITHOUT DELAY 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 SO ORDAINED, THIS THE / / DAY OF MAY, 1966. ATTEST: MAYOR CITY SECRETA2LEGA7LFORM THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TH DAY OF MAY, 1966: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS,: � I THAT SCOTCH INVESTMENT COMPANY, FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) TO IT IN HAND PAID BY THE CITY OF CORPUS CHRISTI, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HAS GRANTED AND CONVEYED, AND BY THESE PRESENTS DOES GRANT AND CONVEY UNTO THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, INCORPORATED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS, HEREINAFTER CALLED `CITY", A TEMPORARY EASEMENT FOR A LIMITED PERIOD OF TIME. SAID EASEMENT SHALL BE FOR THE PURPOSE OF PERMITTING THE CITY TO ENLARGE COLE PARK WITH FILL MATERIALS OBTAINED FROM THE EXCAVATION OF THE MIDTOWN TRAFFIC EXCHANGE BY THE HIGHWAY DEPARTMENT AND SUCH OTHER SOURCES AS MAY EXIST FOR FILL MATERIAL. SAID EASEMENT SHALL BE FOR TEMPORARY ROAD PURPOSES AND STOCKPILING OF FILL MATERIAL FOR THE CITY AND ITS CONTRACTOR OR CONTRACTORS AND SUCH OTHER PERSONS AS THE CITY MAY AUTHORIZE. SAID PERSONS SHALL HAVE THE RIGHT TO ENTER THE PROPERTY OF THE GRANTOR AT ELIZABETH STREET AND PROCEED ACROSS THE PROPERTY LOCATED ON THE SHORE OF CORPUS CHRISTI BAY AND FORMERLY GENERALLY REFERRED TO AS THE "GLASSCOCK FILL PROPERTY", BUT NOW CALLED "EMERALD COVED, PROCEEDING SOUTH OF ELIZABETH STREET EXTENDED TO REACH CITY LANDS GENERALLY REFERRED TO AS COLE PARK, AND THE SHORE AREA ABUTTING SAID COLE PARK. THE RIGHTS HERE- UNDER SHALL BE CONFINED TO THE AREA OF SAID "EMERALD COVED PROPERTY SOUTH OF THE NORTH LINE OF ELIZABETH STREET EXTENDED. THE GRANTEE SHALL HAVE THE RIGHT TO MAINTAIN SAID ROAD OR ROADS INCLUDING THE SHELLING AND BLADING OF IT AS MAY BE REQUIRED. THIS EASEMENT SHALL BE FOR A TERM OF ONE (1) YEAR, BEGINNING JULY 1, 1966, WITH THE OPTION TO GRANTEE TO EXTEND SAID PERIOD FOR AN ADDITIONAL SIX (6) MONTHS PERIOD BY WRITTEN NOTICE TO THE GRANTOR PRIOR TO THE EXPIRATION OF SAID ONE -YEAR PERIOD. THIS EASEMENT SHALL IN NO WAY EXCLUDE GRANTOR FROM JOINT USE WITH GRANTEE OF THE AREA SUBJECT TO THIS EASEMENT. GRANTEE SHALL HAVE THE RIGHT TO TEMPORARILY STOCKPILE MATERIALS ON THE PROPERTY'OF GRANTEE, SOUTH OF THE NORTH LINE OF ELIZABETH STREET EXTENDED BUT THE PROPERTY OF GRANTOR SHALL BE RESTORED TO ITS ORIGINAL CONDITION TO THE SATISFACTION OF GRANTOR AT THE TERMINATION OF THIS CASE- MENT. 'THE GRANTEE AND ITS ASSIGNS SHALL HAVE THE RIGHT TO TRANSPORT SAID FILL MATERIALS ACROSS THE RETAINING WALL OF GRANTEE WHICH EXTENDS ALONG THE SOUTH LINE OF GRANTORS PROPERTY AND SAID RIGHT SHALL INCLUDE THE RIGHT TO BUILD UP SUCH AREA TO PERMIT SUCH CONSTRUCTION AND TO CROSS OVER SAID WALL WITH TRUCKS AND OTHER EQUIPMENT. GRANTEE SHALL RETURN SUCH PROP- ERTY TO ITS ORIGINAL CONDITION TO THE SATISFACTION OF THE GRANTOR AT THE EXPIRATION OF THIS EASEMENT. IT IS AGREED BY GRANTEE THAT THE ROADWAY AT THE EASTERN EDGE OF THE OCEAN DRIVE RIGHT OF WAY SHALL BE BARRICADED BY THE PLACING OF GATES AND SUFFICIENT OTHER BARRICADES TO PROVIDE FOR THE LOCKING OF SAID GATE AND RESTRICTION THEREOF TO AUTHORIZED PERSONS AND THE CITY AGREES TO PREVENT ENTRY TO OTHER THAN THOSE PERMITTED BY THE CITY. IT IS FURTHER AGREED THAT THE CITY'S PLAN FOR ROAD CONSTRUCTION FROM ELIZABETH STREET EXTENSION TO THE SOUTH SEAWALL AND THE PLANS FOR THE PROTECTION OF SAID SEAWALL BE SUBMITTED AND RECEIVE APPROVAL OF GRANTOR'S ENGINEER, JAMES GOLDSTON, PRIOR TO THE USE OF THE EASEMENT HEREBY GRANTED. IT•IS AGREED BY THE GRANTEE CITY THAT THE CITY SHALL AND DOES BY THE ACCEPTANCE OF THIS EASEMENT' AGREE TO HOLD GRANTOR HARMLESS IN ALL LIABILITY AND EXPENSES ARISINGIOUT OF THE USE OF THE EASEMENT HEREBY GRANTED. IT IS AGREED BY THE PARTIES HERETO THAT IN THE EVENT GRANTOR SHOULD,'DURING THE TERM OF THIS EASEMENT, REQUIRE RELOCATION OF THE ROADWAY 09XfdXIOMXplRD=IH7Q XMWX BECAUSE OF ANY SALE OR LEASE OF A PORTION OF OR USE OF SAME FOR CONSTRUCTION OF IMPROVEMENTS BY GRAq TOR, SAID PROPERTY,/THEN SUCH RELOCATIONS ON DEMAND ON PART OF GRANTOR SHALL BE MADE BY GRANTEES SO AS TO AVOID CROSSING SUCH LAND OR PORTION THEREOF AS MAY BE SOLD OR LEASED BY GRANTOR TO OTHER PARTIES, OR USED BY GRANTOR FOR CONSTRUCTION OF IMPROVEMENTS BY GRANTOR. TO HAVE AND TO HOLD, ALL AND SINGULAR, THE RIGHTS AND PRIVILEGES AFORESAID TO THE CITY OF CORPUS CHRISTI, TEXAS, ITS SUCCESSORS AND LEGAL -2- REPRESENTATIVES AND THE PUBLIC, FOR THE PROPER USE OF SAID TEMPORARY ROADWAY EASEMENT FOR THE PERIOD HEREIN PROVIDED AND AFTER THE EXPIRATION OF SAID PERIOD, THE USE OF SAID TRACT AND WAY SHALL CEASE AND THE AFORE- SAID RIGHTS AND PRIVILEGES HEREINABOVE GRANTED TO THE CITY AND THE PUBLIC SHALL AUTOMATICALLY TERMINATE AND REVERT TO THE GRANTOR. WITNESS OUR HANDS THIS THE DAY OF 1966. ATTEST: SCOTCH INVESTMENT COMPANY BY SECRETARY APPROVED AS TO FORM: ATTORNEY FOR SCOTCH INVESTMENT COMPANY ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1966: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED J OF THE SCOTCH INVESTMENT COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID SCOTCH INVESTMENT COMPANY, A TEXAS CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1966. NOTARY PUBLIC IN AND FOR COUNTY, TEXAS -3- THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1966. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS CHRISTI, TEXAS zr DAY OF f 79 _L• 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 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. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN CL.'i JACK BLp CKMON � ' p `�'- PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE