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Home My WebLink About11673 ORD - 08/29/1973JRR:0 8- 29- 73:2nd . • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING SHELTER CORPUS CHRISTI INC., DEVELOPERS OF OSO ESTATES UNIT 1, PERMISSION TO CONSTRUCT A KIOSK WITHIN THE PUBLIC RIGHT OF WAY OF BULLFINCH STREET BETWEEN PADRE ISLAND DRIVE AND QUETZAL; SAID REVOCABLE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, SUBJECT TO THE TERMS AND CONDITIONS THEREIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a revocable easement, granting to Shelter Corpus Christi Inc., developers of Oso Estates Unit 1, permission to construct a kiosk (a small building approximately 6 -feet by 10 -feet) within the public right of way of Bullfinch Street, between Padre Island Drive and Quetzal Street. Said revocable easement is to be granted subject to the terms and conditions in said revocable easement, attached hereto as Exhibit "A" and incorporated herein by reference the same as if written herein. SECTION 2. The necessity to authorize the execution of the above referenced revocable easement so that development of this subdivision may proceed in an orderly fashion 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 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 from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the aZ 27� day of August, 1973. ATTEST: / r City Secretor APPROVED: DAY OF AUGUST, 1973: City Attorney {' a� - , /7 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 1167.1 • JRR:HG:vp:8- 29- 73:3rd • REVOCABLE EASEMENT THE STATE OF TEXAS 4 G KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT the City of Corpus Christi, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the BUM of Ten ($10.00) Dollars and other good and valuable consideration, includ- ing the dedication and construction to City standards of Bullfinch Street, to it in hand paid by Shelter Corpus Christi Inc., a Texas corporation, the receipt and sufficiency which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey a revocable ease- ment, upon the conditions hereinafter stated, unto the said Shelter Corpus Christi Inc., developers of Oso Estates Unit 1, its successors and assigns, for the erection of a 6 ft. x 10 ft. Kiosk, landscaping and beautification work, electrical work and necessary related work for beautifying the area and identifying the Oso Estates Unit 1 subdivision on Bullfinch Street between Padre Island Drive and Quetzal Street right of way and more particularly described as follows: Beginning at a point on Bullfinch Street and South Padre Island Drive and being the Southwest corner of Lot 8, Block 1, Unit 3 Mobile Estates Subdivision as filed in Nueces County Deed Records and being a point at the end of a 10 ft. radius; Thence along the east right -of -way line of Bullfinch Street North 5° - 51' east a distance of 25 ft.; Thence north 840 - 9' west a distance of 30 ft. to a point of beginning and corner of a 6 ft. x 10.ft. rectangular tract; Thence north 840 - 9' west a distance of 6 ft.; Thence north 50 - 51' east a distance of 10 ft.; Thence south 84° - 9' east a distance of 6 ft.; Thence south 50 - 51' west a distance of 10 ft. to the point of beginning of said rectangular tract. TO HAVE AND TO HOLD the same revocable easement unto the said Shelter Corpus Christi Inc., its 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 main - twining the above described landscaping, beautification and building and it is further understood that the foregoing revocable easement and right is subject to and granted upon the following terms and conditions: 1. Said landscaping,.construction and beautification shall at all times be maintained and kept in good condition, free from unsightly weeds, trash and rubbish, and maintained in a pleasing appearance by Shelter Corpus Christi Inc., or the Homeowners Association of Oso Estates Unit 1 and their successors and assigns. 2. It is understood and agreed that the right and easement granted herein may be revoked at any time by the City of Corpus Christi, for any reason, and Grantee Shelter Corpus Christi Inc., or the aforesaid Homeowners Association or their successors and assigns be required.to remove all struc- tures, buildings, landscaping or other added obstructions to the right of way, at their expense and not at the City's expense and to make such removal within 120 days from the said revocation by the City. 3. Grantee, Shelter Corpus Christi Inc., and the Homeowners Association of Oso Estates Unit 1 and their successors and assigns agree to indemnify and hold harmless the City of Corpus Christi from any and all claims, suits or liability of any kind whatsoever by reason of the granting of this revocable easement or any construction therein. 4. Grantee, its successors and assigns, will repair or cause to be repaired any damage to any street, sewer, storm sewer, drainage facility, underground lines, wires, or pipes owned by the City of Corpus Christi or holders of any franchise from the City by reason of the construction in said revocable easement and the operation and maintenance thereof. Grantee, its successorsand assigns, will apply to the Director of Engineering & Physical Development for a permit before disturbing any part of any street or sidewalk area and perform the work in accordance with the permit and all City ordinances applicable. 5. The name "OSO ESTATES" may be placed on the Kiosk by Shelter Corpus Christi Inc. provided such name is placed on a plaque not to exceed 5' by 8" which is mounted flat against the wall. 6. Grantee and its successors and assigns agree that any construc- tion within said area granted herein shall be subject to all applicable City -2- �, 0 • ordinances and to specifically submit any construction plans to the City Director of Traffic Engineering for review and approval so that such con- struction does not produce a traffic hazard or traffic visual hazard. 7. Grantee, or its successors and assigns hereby agrees to file for record in the Deed Records of Nueces County deed restrictions for Oso Estates approved by the Director of Engineering and Physical Development of the City of Corpus Christi. Grantee understands,agrees and consents, that in the event said approved Deed Restrictions are not filed within four (4) months from date of execution of this easement, the City will immediately revoke the easement granted hereunder. WHEREFORE, witness my hand this day of 1973. ATTEST: City Secretary APPROVED: DAY OF AUGUST, 1973: —Vxg�"Ie City At n ^ne,yA� 'c , "I ATTEST: Secretary CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager ACCEPTED: SHELTER CORPUS CHRISTI INC. By. Title THE STATE OF TEXAS j X COUNTY OF NUECES X BEFORE ME , the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, 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 expressed 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 X X COUNTY OF NUECES j BEFORE ME, the undersigned authority, on this day personally appeared of the Shelter Corpus Christi Inc., 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 Shelter Corpus Christi 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 19 Notary Public in and for Nueces County, Texas Corpus Christi, Texas o2 C% day of , 19 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, a:,=� _ ; �� 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 The above ordinance was passed by the following vote: Jason Luby ✓ James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales ✓ Ricardo Gonzalez f Gabe Lozano, Sr. J. Howard Stark /