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HomeMy WebLinkAbout13078 ORD - 03/17/1976• JKH:hb:3 /15/76:1st • AN ORDINANCE GRANTING TO FIRST STATE BANK OF CORPUS CHRISTI A REVOCABLE EASEMENT FOR USE OF A 6 -INCH STRIP 132 FEET LONG OF SOUTH ALAMEDA STREET RIGHT -OF -WAY IN CONNECTION WITH REMODELING OF THE SAID BANK, A SUBSTANTIAL COPY OF SAID REVOCABLE EASEMENT BEING 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 there is hereby granted to First State Bank of Corpus Christi a revocable easement for use of a portion of South Alameda Street right -of -way in connection with remodeling the said bank, all as 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 the granting of the aforesaid revocable easement in order that remodeling of the said structure may be commenced without delay 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 after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of G , 1976. ATTEST: l Cit Secre ry MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 16 DAY OF, 1976: J. BRUCE AYCOCY, CITY ATTORNEY By Assi Attorney 13078 REVOCABLE EASEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NOECES X 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 the First State Bank of Corpus Christi, Nueces County, Texas, 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 First State Bank of Corpus Christi the right to occupy and use a portion of the public right -of -way along the east side of South Alameda Street, between Palmero and Clifford Streets, more par- ticularly described as follows: Beginning at a point being the northeast corner of Lot 8, Block 22 of Del Mar Addition as recorded in Vol. 4, Pages 8, 9, and 10 of the Map Records of Nueces County, Texas, said point being the southeast corner of said revocable easement grant and being also a point on the east right -of -way line of South Alameda Street: Thence S. 31° 10' E. a distance of 132 feet along the east right -of -way line of South Alameda Street to a point, said point being the southwest corner of the easement grant; Thence S. 58° 50' W. a distance of 0.50 feet to a point; Thence N. 31° 10' W. a distance of 132 feet to a point; Thence N. 58° 50' E. a distance of 0.50 feet to a point in the east right - of-way line of South Alameda Street, said point being the point of beginning; in substantial compliance with the sketch attached hereto and made a part hereof, marked Exhibit "A". TO HAVE AND TO HOLD the same unto the First State Bank of Corpus Christi its successors and assigns, together with the rights and privileges and under the conditions and terms hereof, at any and all times to enter upon the herein described right- of-way for the purpose of building reconstruction, 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 hold harmless the City of Corpus Christi from any and all claims for liability by reason of the installation, use, and maintenance of the portion of building or buildings constructed in the said public right -of -way. 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. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed in duplicate on this the day of , 1976. ATTEST: City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NOECES X CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager 1976: 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 of the 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 . 1976. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of , 1976, by the first State Bank of Corpus Christi and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and to be bound by all of the terms of the same. ATTEST: FIRST STATE BANK OF CORPUS CHRISTI Secretary By. E. W. Schrader, President -2- THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE NE, the undersigned authority, on this day personally appeared E. W. SCHRADER, President of the First State Bank of Corpus Christi, a Texas corporation, 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 First State Bank of Corpus Christi, a Texas 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 1976. Notary Public in and for Nueces County, Texas lU • / Al II s' A/ ., a 6 7S / 1 m <1 b n .2/ /D , n / 40 C4o,,OV4991'Cr4O .__ . l� k w ¢3 �S �T SD � I I I i C4o,,OV4991'Cr4O .__ . l� k w • CORPUS CHRISTI TEXAS 17 AY OF lg TO THE W 43M OF THE CITY COUNCIL CORPUS CHRISTis TEXAS • FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- 910N OF T14E 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 SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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 YO OTHE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LuBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Arl BOBGULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LOWING VOTE: JASON LUBY , DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE