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HomeMy WebLinkAbout09279 ORD - 03/19/1969M A74 ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE ENCROACHMENT AGREEMENT WITH .THE (X"NER OF LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, WEREDY THE CITY AGREES TO PERMIT THE SAID OWNER TO LEAVE THE FCUR -FOOT PORTION OF AN EXISTING BUILDING TO REMAIN AT ITS PRESENT LOCA- TION AS AN ENCROACHMENT ON THE UTILITY EASEMENT IN SAID LOT, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 1 WHEREAS, TRINITY STEEL WAREHOUSE CO., INC., IS OWNER IN FEE 3114PLE OF LOT ll+, IN BLOCK 2, SCHANEN ESTATES UNIT 8, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THERE EXISTS ON A PORTION OF'SAID LOT A UTILITY EASEMENT PRESENTLY OCCUPIED BY THE CITY OF CORPUS CHRISTI, AND INTO WHICH SAID UTILITY EASEMENT A PORTION OF A BUILDING ENCROACHES TO THE EXTENF OF APPROXIMATELY FOUR FEET;- AND WHEREAS, THE SAID OWNERS OF SAID PROPERTY HAVE REQUESTED THE CITY OF CORPUS CHRISTI FOR PERMISSION TO LEAVE THE SAID IMPROVEMENTS AS THE SAME EXTEND INTO THE EASEMENT, IN THEIR PRESENT LOCATION AS ENCROACHMENT ON SAID UTILITY EASEMENT; AND WHEREAS, THE ENCROACHMENT WILL NOT AFFECT THE UTILITIES NOW EXIST- ING IN SAID EASEMENT: N041 THEREFORE, 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 ENCROACHMENT AGREEMENT WITH TRINITY STEEL WAREHOUSE CO., ING., SAID CITY PRESENTLY OCCUPYING A UTILITY EASEMENT IN LOT 1`t, BLOCK 2, SCHANEt4 ESTATES 8 UNIT , IN THE CITY OF CORPUS CHRISTI) NUECES COUNTY, TEXAS, WHEREBY THE SAID TRINITY STEEL WAREHOUSE CO., INC., 15 PERMITTED TO LEAVE THE AFORE- MENTIONED ENCROACHMENTS TO REMAIN AT THEIR PRESENT LOCATION ON SAID UTILITY EASEMENT, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 927-0 SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF 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 DAY OF MARCH, 1969. ATTEST: CIT SECRE ARY 4AY'07--119 7 THE C! 0 CORP S CHRISTI, TEXAS APPROVED: / % DAY OF MARCH, 1969: - cQ?2t-"- - - CITY ATTORNEY a ,: 'I .• THE STATE OF TEXAS 4 COUNTY OF NUECES Q AGREEMENT AS TO ENCROACHPE'NT V'IHEREAS, TRINITY STEEL VIAREHOUSE CO., INC., OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IS THE RECORD TITLE OWNER OF THE PROPERTY DESCRIBED AS LOT 14, BLOCK 2, SCHANEN ESTATES UNIT 8, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND ALL IMPROVEMENTS THEREON; AND WHEREAS, A BUILDING LOCATED ON SAID LOT ENCROACHES INTO THE UTILITY EASEMENT TO THE EXTENT OF APPROXIMATELY FOUR (4) FEET; AND WHEREAS, THE SAID TRINITY STEEL WAREHOUSE CO., INC., HAS REQUESTED THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, FOR PERMISSION TO LEAVE SAID BUILDING IN ITS PRESEN "f LOCATION WHICH ENCROACHES ON SAID UTILITY EASEMENT; AND WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, TO PERMIT SAID BUILDING TO REMAIN IN ITS PRESENT LOCATION AND ENCROACH ON SAID UTILITY EASEMENT SUBJECT TO THE " EERMS AND CONDITIONS HEREINAFTER SET OUT: NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, DOES HEREBY AGREE TO PERMIT THE SAID TRINITY STEEL L'IAREHOUSE CO., INC., ITS SUCCESSORS AND ASSIGNS TO LEAVE SAID BUILDING, IN ITS PRESENT LOCATION, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. THAT THE BONER AGREES, BY THESE PRESENTS, THAT THERE WILL BE NO LIABILITY ON THE PART OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNI- CIPAL CORPORATION, FOR ANY DAMAGE TO THE STRUCTURE BY REASON OF ANY USES OR INSTALLATIONS IN THE UTILITY EASEMENT ON THE PART OF THE CITY OF CORPUS CHRISTI, TEXAS; 2. THAT THE OWNER FARTHER AGREES THAT THCRE WILL BE NO ADDITIONS OR OTHER ENCROACHMENTS IN SAID UTILITY EASEMENT; AND 3. THAT IN 'i HE EVENT THE PRESENT IMPROVEMENTS NOW ENCROACHING ON SAID EASEMENT BE DESTROYED BY F;RE OR OTHER CAUSE OR DAMAGE, OR • 11 DETERIORATED OR REBUILT FOR ANY REASON, THAT THE IMPROVEMENT 50 REBUILT WILL BE MODIFIED TO THE EFFECT THAT NO PORTION OF THE 114PROVE14ENT IIILL BE IN THE AREA OCCUPIED BY THE UTILITY EASEMENT. EXECUTED THIS THE DAY OF , 1969. ATTEST: .SECRETARY ATTEST: TRINITY STEEL U4AREHOUSE CO., INC. BY PRES I DE14T CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF ,1969: ITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , OF THE TRINITY STEEL WAREHOUSE CO., INC., K14O1-IN TO ME TO DE 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 TRINITY STEEL WAREHOUSE CO., INC., A 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 , 1969• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ICE, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER 1-,'HOSE NAME IS SUBSCRIBED TO THE FORECOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI 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 _ , 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, /TEXAS DAY OF� / // CL j igf FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR P�0•T� ' THE 'CiTY OF CORPOOCHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE ✓• V. A. "DICK" BRADLEY, JR./ P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL/ W. J. "WRANGLER" ROBERVTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLCIING VOTE; JACK R. BLACKMON Q Yl RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR� P. JIMENEZ, JR., M.D. GABE LOZANO, SR. /� KEN M6DANIEL ' V W. J. "WRANGLER" ROBERTS /,,'