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HomeMy WebLinkAbout13218 ORD - 06/09/19767RH:hb:6 /8/76:lst AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO MAVERICK MARKETS,INC., TO INSTALL AND MAINTAIN THREE DECORATOR PLANTERS AT EACH OF THREE LOCATIONS, FOR THE PURPOSE OF LANDSCAPE BEAUTIFICATION, IN THE PUBLIC RIGHT OF WAY, AT 3535 SOUTH STAPLES STREET, 3720 SOUTH ALAMEDA STREET AND 4139 SOUTH ALAMEDA STREET, 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 "; 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 Maverick Markets, Inc., a revocable easement to install and maintain three decorator planters at each of three locations, for the purpose of landscape beautification, In the public right of way, at 3535 South Staples Street, 3720 South Alameda Street and 4139 South Alameda Street, 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 grant a revocable easement for the Purposes bereinabove set forth 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 intro- duction but that such ordinance or resolution shall be read at rhree 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 er its passage, IT IS ACCORDINGLY SO ORDAINED this the day of , 1976. ATTEST- . "'�� � Ci y Secretary APPROVED' DAY OF , 1976: J.BB3UCE AYCOCK, C ATTORNEY By Assistant i y Attorne MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 1.3218 I MICROFILMED JUN 16 19"$0 REVOCABLE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 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 Maverick Markets, Inc., a Texas Corporation, 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 Maverick Markets, Inc. the right to install and maintain three (3) decorator planters at each location, for the purpose of landscape beautification, in the public right of way upon which abut the properties known as 3535 South Staples St., 3720 South Alameda and 4139 South Alameda Street,in substantial compliance with the drawings attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto Maverick Markets, 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 rightlof - way for the purpose of maintaining said decorator planters, 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 upon the giving of 30 days notice in writing, 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 decorator planters. C. That the use of said area hereby granted shall in no way interfere with the operation by the City of any existing or future proposed utility lines or the maintenance thereof. IN TESTIM014Y WHEREOF, the City of /Corpus Christi has caused these presents to be executed on this the / day of 1976. IV ATTEST: City Secretary APPROVED: q___,1976: City Attorney THE STATE OF TEXAS I COUNTY OF NUECES I CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager 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 ay of 1976, by the Maverick Markets; Ind., 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: // MAN K MARL STS j INC. Elvira Wendl, Secretary Erich Wendl, President THE STATE OF TEXAS X COUNTY 'OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Erich Wendl 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 President of Maverick Market's, inc. Given under my hand and seal of office, this the G�' •.'day of •r -_C 1976. Notary Public in and`for Nueces County, Texas. ALL PROPOSED WORK IN FUESLIC RIGHT OF %VAY APPROVED NAME DATE JUN 11976 DEPT. Or ENMNEERIING AND PHYSICAL DEVELOPPAENT T7C APPROVED 7� Traffic Engineering !neering fh-perlment Corom, oh,i'ti T;,,xp.s h e;e X, 11;n Ir -e .;Or lie 11 ;Owl (fj Y), e. 41Y 372!0 ?�PPROVED Tra F n,'ne eng - D epartment PARKING SOACES N (nrLnus Toxis, ALL PRdPO4D WORK IN PUBLIC RIGHT Ori WAY APPROVED .1.. NAkit DATE 11976 DEPT. OF ENGINEERING AND PH`(SIC.-L DEVELOPMENT GAS PUMP ISLAND Alo lee 17 A u IT H LA -Aq 450 A STR F- I— T A r ENGINEERING 1MV1' MADE URBAN 14, aleov'VD 7-11E 1C*.o1e'c4o11v N* C ceerl.-Y THAT rXleee ARE A10 P4 er-1 A'a Zell, ..... ................ ............. II it ALL PROPOSED WORK IN PUBLIC RIGHT OF WAY APM OVED , vy�,, APPROVED NAME —4. JUN 11976 -r.g opa mellt DATE DEPT. OF ENGINEERM G AND ('n'Dus Christi. Texas PHYSICAL DEVELOPMENT __ ___ J.. ............... ray IWO LA, to "oll 0 O CORPUS CHRISTI, TEXAS 9 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. RESPECTFUL MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. _ EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE: JASON Way �-1 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE „R/