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HomeMy WebLinkAbout12981 ORD - 01/14/1976JMi:hb:1/13/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO BAILY CADILLAC WHEREBY (SAID GRANTEE MAY UTILIZE A PORTION OF THE PUBLIC RIGHT OF WAY ALONG THE NORTH SIDE OF BORN STREET BETWEEN SOUTH SHORELINE BOULEVARD AND WATER STREET, FOR THE CONSTRUCTION OF AN ENTRY SIDEWALK THREE FEET [BIDE BY SEVEN FEET LONG, ALL AS IS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A °; 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 to execute, for and on behalf of the City of Corpus Christi, • revocable easement to Bailey Cadillac whereby said Grantee may utilize • portion of the public right of way along the north side of Born Street, between South Shoreline Boulevard and Water Street, for the construction of an entry sidewalk 3' x 71, all as is more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid revocable easement so that construction of the said entry We- walk may be effected at the earliest practicable date 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and of er its passage, IT IS ACCORDINGLY SO ORDAINED this the /',ice day of 1976. ATTEST* t ty�tary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED:JDAY OFJr .. , 1976: r' City Attorney 12981 • REVOCABLE EASEMENT THE STATE OF TEXAS I KNOW ALL PEEN BY THESE PRESENTS: COWL TY 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 sum of One Dollar ($1.00) to it in hand paid by Harold Bailey, dba Bailey Cadillac, 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 said Harold Bailey, dba Bailey Cadillac, the right to install and maintain a 3' x 7' concrete porch in public right -of -way along the north side of Born Street between West Shoreline Blvd. and Water Street, in substantial compliance with the sketch attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto Harold Bailey, dba Bailey Cadillac, 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 maintaining said concrete porch and it is further understood that the foregoing easement and right is granted upon the following conditions: A. It is understood and agreed that the easement hereby granted may be revoked at any time by the City of Corpus Christi. B. That the Grantee will save and keep harmless the City of Corpus Christi from any and all claims for liability by reason of the installation, use of and maintenance of said concrete porch. C. That the use of said area hereby granted shall in no way interfere with the operation by the City, or other company holding a valid franchise from the City, of any utility lines or the maintenance thereof. �� 4 • IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1976. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: . 1976 City Attorney THE STATE OF TEXAS X COUNTY OF NUECES �( BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of 1976. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of , 1976, by Harold Bailey, dba Bailey lac, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and it is bound by all of the terms of the same. ATTEST: HAROLD BAILEY, dba BAILEY CADILLAC By cretary THE STATE OF TEXAS �( COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of Given under my hand and seal of office, this the day of 1976. Notary Public in and for Nueces County, Texas • �x s f JP N_ 1( SALES . = Q -zV �2 U CA CLC OF CL( 'WOMEN; �. -l' �� -�' of r -0.re. roneH J! 104 y.4, tg SHAFFER [' CLOSING a 102-- OFFICE 103 w�iL. - i' - I Nom; �,� - Os.TG - LN I �Xl�lT, t�wl{YwQ. �I ell �Jsl` J \i I' �1 I ' EXISTING 118 • CORPUS CHRISTI, TEXAS DAT OF Zf�in. i TO THE WJBERS 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, THE C11Y OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE F LOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL 808- GULLEY GABE- LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LOWING VOTE: JASON LueT DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE