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HomeMy WebLinkAbout13692 ORD - 03/02/1977• jkh:3 -2 -77; 1st TEXAS: AN ORDINANCE GRANTING TO JERRY R. BAUGH, DBA TUBBS OF FLOWERS, A REVOCABLE EASEMENT FOR USE OF A FOUR -FOOT BY SIXTY -EIGHT FOOT (4' x 68') TRACT OR PARCEL ALONG THE WEST RIGHT OF WAY LINE OF TENTH STREET NEAR AGNES STREET FOR THE PUR- POSE OF CONSTRUCTING A BOARDWALK AND CANOPY ALONG THE FRONT OF THE BUSINESS, ALL AS SHOWN ON THE EXHIBIT AND AS SET FORTH IN THE AGREEMENT, 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, SECTION 1. That there is hereby granted to Jerry R. Baugh, dba Tubbs of Flowers, a revocable easement for use of a 4 -foot wide by 68 -foot long area along the west right of way line of Tenth Street near Agnes Street for the purpose of constructing a boardwalk and canopy along the front of the business, all as shown on the exhibit and as set forth in the agreement, 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 afore- said revocable easement in order that the aforesaid boardwalk and canopy may be constructed without delay creates a public emergency and an impera- tive 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_q&tJ _day of March, 1977. ATTEST: Ci Secretary MAYOR EM:10 THE CITY OF CORPUS RISTI, TEXAS APPROVED: 2nd DAY OF MARCH, 1977: J. JU YCOCK, TTORNEY BY MICROFILMED Assistant c y Attorne .1111 0 7 19$0 THE STATE OF TEXAS X COUNTY OF NUECES REVOCABLE EASEMENT KNOW ALL MEN BY THESE PRESENTS: 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 Jerry R. Baugh,doing business as Tubbs of Flowers, of Corpus Christi, Nueces Cgunty, 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 Jerry R. Baugh, the right to install and maintain a boardwalk with overhead canopy in the public right of way of Tenth Street upon which abut the property known as Tubbs of Flowers, located at 1301 Agnes Street, in substantial compliance with the drawing attached hereto and made a part hereof. TO HAVE AND TO HOLD the some unto Jerry R. Baugh, 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 boardwalk and canopy, 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 -o£•Corpus Christi from any and all claims for liability by reason of the installation, use of and maintenance of said boardwalk and canopy. C. That the use of said area hereby granted sball in no way interfere with the construction or operation by the City of any existing or future proposed sidewalks, utility lines, or other uses, or the maintenance thereof. IN TESTIMONY WHEREOF, the City of.Corpus Christi has caused these presents to be executed on this the day of 1977. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED:_ ,1977: City Attorney THE STATE OF TEXAS X o. COUNTY OF NUECES X 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 Carpus 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 1977. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the ���4 day of r y 1977, by Jerry R. Baugh, and said Grantee Agrees to keep and perform the conditions imposed by said grant and easement and tie is bound by all of the terms of the same. By: Jerry- ugh dba Wfibbs of Blowers THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority,.on this day personally appeared Jerry R. Baugh, known to me to be the person who signed the above f.1sttument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day pk 2 Lo r 5 1977. /3! ( i Public A and for 6eces County, Texas u1 j LS 1� �l CORPUS CHRISTI, TEXAS DAY OF , 1911 TO THE MEM6ERS 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, MWYOR projem THE CITY OF CORPUS CHR STI, 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 THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE i