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HomeMy WebLinkAbout11524 ORD - 06/13/1973JRR:vp 6/13/73 lst S AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT FOR THE PURPOSE OF ERECTING AN ILLUMINATED MASONRY SIGN WITHIN THE RIGHT OF WAY OF AYERS STREET BETWEEN HORNE ROAD AND CUIPER STREET (SOUTH SIDE), SAID AREA HAVING PREVIOUSLY BEEN GRANTED A REVOCABLE EASEMENT FOR PARKING TO E. C. PETERSON, TRUSTEE, BY ORDINANCE NO. 10185, SUCH SIGN TO CONFORM TO ALL CITY ZONING AND BUILDING CODE REQUIREMENTS AND TO BE PER- MITTED TO REMAIN IN THE RIGHT OF WAY OF AYERS STREET UNTIL SUCH RIGHT OF WAY IS NEEDED FOR FUTURE CITY USE, AND SAID SIGN TO BE LOCATED AT ENGINEER'S STATION 21 + 50, SAID SIGN TO BE CONSTRUCTED THIRTEEN (139 FEET INTO THE AYERS STREET RIGHT OF WAY IN ACCORDANCE WITH THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF BY REFERENCE; 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 hereby is authorized to execute a Revocable Easement for the purpose of erecting an illuminated masonry sign within the right of way of Ayers Street between Horne Road and Cuiper Street (South side), said area having previously been granted a revocable easement for parking to E. C. Peterson, Trustee, by Ordinance No. 10185, such sign to conform to all City Zoning and Building Code require- ments and to be permitted to remain in the right of way of Ayers Street until such right of way is needed for future City use, and said sign to be located at Engineer's Station 21 + 50, said sign to be constructed thirteen (13') feet into the Ayers Street right of way, in accordance with the Revocable Easement attached hereto, marked Exhibit "A ", and made a part hereof by reference. SECTION 2. The necessity to execute the aforesaid Revocable Easemement creates a public emergency and an imperative public necessity requir` ing the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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, and having requested the suspension of the Charter rule 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 IJ-5 4 ORDAINED, this the 1,30, day of June, 1973. ATTEST: c City Secret ary APPROVED: DAY OF JUNE, 1973: V& 2�� Zit t n If MAYO THE CITY OF CORPUS CHRISTI, TEXAS JRR:vp 6/13/73 1st REVOCABLE EASEMENT THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NbECES 0 That the City of Corpus Christi, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid and previous dedication of right of way for Horne Road by E. C. Peterson, Trustee, the receipt of which is hereby acknowledged, has granted, sold, and conveyed and by these presents does grant, sell and convey, upon the conditions hereinafter stated, unto said E. C. Peterson, Trustee, the right to use, for erection of a masonry sign, that portion of Ayers Street right of way described as follows: That portion which is in back of the header curb to be installed by the City of Corpus Christi, and which adjoins Lots 6, 7, 8, 9 and 10, Block 15, Cuiper Addition (Portairs Shopping Center), in the City of Corpus Christi, Nueees County, Texas; as shown on the sketch attached hereto and made a part hereof, such sign to conform to all City Zoning and Building Code requirements and to be permitted to remain in the right of way of Ayers Street until such right of way is needed for future City use, and said sign to be located at Engineer's Station 21 + 50, said sign to be constructed thirteen (13') feet into the Ayers Street right of way. TO HAVE AND TO HOLD the same unto the said E. C. Peterson, Trustee, his successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right of way for the purpose of developing and maintaining an illu- minated masonry sign. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the City of Corpus Christi, its successors and assigns forever; and I do hereby bind myself, my successors and assigns to forever warrant and defend, all and singular the said premises unto the said City of Corpus Christi, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof. JExNr131T "A" o n WITNESS OUR HANDS, this t ATTEST: h City Secretary APPROVED: ln DAY OF,,�+tk4A-Q , 1973: City' AttorheAy'- x z r e day of , 1973. CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager E. C. Peterson, Trustee THE STATE OF TEXAS COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVINIOWNSEND , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING 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 EXPRESSE-1 AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 19 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared E. C. Peterson, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity of Trustee therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973. Notary Public in and for Nueces County, Texas 1 I'd l�l zo •.8�i 2�:: V I .l ae Ll MV). M'. S7- - Iii I ep Lot I 1? 0 g 0 for R. 0. ✓/ 7-z: =7,; ?0 70-t,7/ fireu 2071.3 Corpus Christi, Texas P day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark JC., Jason Luby ✓ ar James T. Acuff y._ Rev. Harold T. Branch ��- Thomas V. Gonzales ✓ Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark JC.,