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Home My WebLink About12571 ORD - 04/02/1975MLM:VMR:3- 18- 75;1ST ; AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING CANDY STICK CORPORATION, DEVELOPERS OF CAROLYN HEIGHTS SUBDIVISION, PERMISSION TO CONSTRUCT A SIGN, IDENTIFYING THE SUBDIVISION WITHIN THE PUBLIC RIGHT -OF -WAY OF CARAVELLE PARKWAY, AT ITS INTERSECTION WITH WEBER ROAD, A COPY OF WHICH REVOCABLE EASEMENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT TKE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT, GRANTING TO CANDY STICK CORPORATION PERMISSION TO CONSTRUCT A SIGN, IDENTIFYING THE SUBDIVISION, WITHIN THE PUBLIC RIGHT -OF -WAY OF CARAVELLE PARKWAY AT ITS INTERSECTION WITH WEBER ROAD, A COPY OF WHICH REVOCABLE EASE- MENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. 12571 = .,> REVOCABLE EASEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES J( THAT, the City of Corpus Christi, Texas, acting by and through ids duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of Twenty Five ($25.00) Dollars to it in hand paid by Candy Stick Corp., a Texas Corporation, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto the said Candy Stick Corp., the right to construct, maintain, repair and remove one (1) sign to be constructed in accordance with the plan attached hereto, marked Exhibit "B ". The sign is to be located in the center esplanade of Caravelle Parkway at Weber Road, des- cribed as follows: Being a 4 foot wide by 15 foot long strip of land along the centerline of Caravelle Parkway Northwest of Weber Road and more particularly described by metes and bounds as follows: Beginning at the most Southerly Southeast corner of Block 2, Carolya Heights, Unit I,as recorded in Vol. 38, Pg. 91, Map Records of Nueces County, Texas, being also the P.T. of the curve of the property line at said Southeast corner of Block 2; thence S 290 W 48 feet and N 610 W 20 feet to the point of beginning for this description; Thence S 290 W 4 feet to a point; thence N 610 W, parallel to and 2 feet Sosthwest of the centerline of 100 foot wide Cara- velle Parkway, a distance of 15 feet to a point; thence N 290 E 4 feet to a point; thence S 610 E, parallel to and 2 feet Northeast of the centerline of Caravelle Parkway, a distance of 15 feet to the place of beginning. A location map of which is attached hereto and made a part hereof is marked Exhibit "A ". TO HAVE AND TO HOLD the same unto the said Candy Stick Corp., their successors and assigns, together with the right and privilege at any and all times to enter upon the above strip of land for the purpose of constructing and maintaining the said sign at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. Said sign shall be placed substantially in compliance with the plan attached hereto and made a part hereof. The City Building Division will inspect this work during the construction period. 2. It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid sign upon thirty (30) days notice in writing. 3. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said sign or the maintenance or existence thereof. 4. Grantee 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 of said sign and the maintenance thereof. Grantee will apply to the City Building Division, after first acquiring a "Special Council Permit" from the City Council, for a permit before performing the work in accordance with the permit and all City ordi- nances applicable. 5. All rights granted hereby shall be subordinate to all uses as the City may make of such street right -of -way for public purposes. An engi- neering drawing has been filed in the office of the Director of Engineering and Physical Development showing all details of installation and construction, and the construction is to conform and comply wins City requirements and spe- cifications as follows: a. Grantee shall not interfere with traffic in any manner with- _ out first obtaining approval of the City Traffic Engineer. Grantee shall provide for through traffic at all times. b. No work is to be started before proper permit has been obtained from the City Building Division. c. Grantee shall adjust the sign within the area covered by this easement or remove the above described sign if necessary for the construction of any public utilities or change in street grade or patterns on the streets or for any other reason of the City stated in writing to Grantee. -2- d. Grantee shall attach a small aluminum tag to the sign showing the owner's name, address and City Ordinance Number authorizing the construc- tion. IN WITNESS WHEREOF, the City of Corpus Christi has caused these da of 1975. presents to be executed this the y THE CITY OF CORPUS CHRISTI ATTEST: BY Mana Manager R. Marvin Townsend, City g City Secretary APPROVED: Day of 1975 1 �- city Attorney THE STATE OF TEXAS COUNTY OF NUECES T BEFORE ME, the undersigned authority, on this day personally appeared R. to be the City Manager of the City of Corpus MARVIN TOWNSEND, known to me Christi, Texas, and the same person who signed the foregoing instrument, and ac- ed the same as the act of the City of Corpus Christi knowledged to me that he execut and considerations therein expressed. and as City Manager thereof, for the purposes day of GIVEN UNDER tly HAND AND SEAL OF OFFICE, this the 1975. Notary Public in and for Nueces County, Texas -3- The above GP.ANT AND EASMIENT is hereby ACCEPTED this the day of , 1975, by Candy Stick Corp., a Texas Corporation, and said Candy Stick Corp. agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of same. ATTEST: Secretary THE STATE OF TEXAS X COUNTY OF NUECES CANDY STICK CORPORATION BY Roger Seaman, Jr., President BEFORE ME, the undersigned authority, on this day personally appeared Roger Seamon, Jr., President of Candy Stick Corporation, known to me to be the person and officer whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed as the act and deed of said corporation and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1975. NOTARY PUBLIC, Nueces County, Texas 0 I i � e LQ B% OCI 3 0 ; !( Ll-BLOCK HE16H TS UIV I T I o - - - - -- - -- - - - - -- J - I � - /D Sidewalk d LJti /iy Easement .$ 2° °GO'w S - 2 6o� �r pro�c Lind -- - -- X HlB! T ,A " Y MAIN ELEVATION SUBDIVISION ENTRANCE SIGN WEBER ROAD AND CARAVELLE ------------- T 1 sIgE F LEVAjrI6N 0— 4a-r— I wa URBAN ENGINEERING FEBRUARY 1975 JoB No, 6083 4, 0 L Y H EIGHTss {p 6'elce &0 L MAIN ELEVATION SUBDIVISION ENTRANCE SIGN WEBER ROAD AND CARAVELLE ------------- T 1 sIgE F LEVAjrI6N 0— 4a-r— I wa URBAN ENGINEERING FEBRUARY 1975 JoB No, 6083 4, That the foregoing ordinance was read for the firs time and assed to its second reading on this the day of Y , 19by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read for the se and time amassed to its third reading on this the day of , 19 7J , by the following vote: Jason Luby ` James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was for b time and passed finally on this the olt'�`d- day of , 19 7S , �.! by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J.: Howard Stark PASSED AND APPROVED, this the ATTEST: 19d < City Secretary MAYUR " v THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: / IDAY OF�, 19�J bznd Q AOTNC5 City Attorney