HomeMy WebLinkAbout13890 ORD - 08/17/1977vp:8 /15/7 -7:lst
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO GULL INVESTMENTS, INC.
OVER THE RIGHT -OF -WAY OF ANTELOPE BETWEEN WACO AND
ARTESIAN STREETS FOR THE CONSTRUCTION OF A CANOPY, SAID
EASEMENT EXTENDING 5' INTO THE CITY RIGHT -OF -WAY AND
BEING APPROXIMATELY 50' LONG, 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 the City Manager be and he is hereby authorized
to execute a revocable easement to Gull Investments, Inc. over the right-of-
way of Antelope between Waco and Artesian Streets for the construction of
a canopy, said easement extending 5' into the City right -of -way and being
approximately 50'''long, in the City of Corpus Christi, all as more fully
set forth in the revocable easement, a substantial copy of which is attached
hereto, marked "Exhibit A ", and made a part hereof.
SECTION 2. The necessity to execute the aforesaid revocable
easement 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, and having requested the suspension of
the Charter rule and that this ordinance be passed finally on the date of
its introduction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 1'10 day
of August, 1977.
ATTEST:
City .Secretary
APPROVED:
.& DAY OF AUGUST, 1977:
J. BR CE AYCOCK, C ATTORNEY
BY
Assistant Cit A torney
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in effect ab,6
force with or without the
signature of the Mayor, in
`accordance with Article II
Section 6 of the City Charter.
13890
MICROFILM IEO ,
;lUL 0 7 1980
P
REVOCABLE EASEMENT 1
THE STATE OF TEXAS X
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 Ten Dollars ($10.00) to it in hand paid by Gull'Investments, Inc., a
Texas corporation, Donald E. Hanna, President, 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 Gulil Investments, Inc., the right
to install and maintain an overhead canopy in the public right of way of Antelope
Street within the 5 feet of right -of -way which abutts the property known as the
East 50 feet of Lot 7, Block 34, Bluff Portion of the City of Corpus Christi, as
recorded in Vol. A, Pages 2 & 3 Nueces County, Texas Map Records, located at
1017 Antelope Street as shown on the attached drawing marked EXHIBIT "A ", in
substantial compliance with the drawing attached hereto and made a part hereof
marked EXHIBIT "B ".
TO HAVE AND TO HOLD the same unto Gulil Investments, 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 right of way for
the purpose of maintaining said 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 of Corpus
Christi from any and all claims for liability by reason of the installation,
_use of and maintenance of said canopy.
C. That the use of said area hereby granted shall 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.
D. All applicable State laws and City ordinances shall be complied
with and the necessary Building Permit shall be secured from the City.
. 52'
IN TESTU ONY WHEREOF, the City of Corpus Christi has caused these
presents to be executed on -this the day of , 1977.
ATTEST:
City Secretary
APPROVED: — /3 — , 1977:
.J. BRUCE OCK, CITY ATTORNEY
CITY OF CORPUS CHRISTI
BY
R. Marvin Townsend, City Manager
THE STATE OF TEXAS X
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 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
1977.
Notary Public in and for Nueces County, Texas
The above grant and easement is hereby accepted this the day
;of , 1977, byGall- •Investments, Inc., and said Grantee
agrees to keep and perform the conditions imposed by said grant and easement and
he is bound by all of the terms of the same.
:ATTEST: GULL ES NTS, INC.
By —
Secretary Dona d E. Hann President
THE STATE OF TEXAS X
,COUNTY OF NUECES X
BEFORE ME, the undersinged authority, on this day personally appeared
Donald E. Hanna, President of Gull- Investments, Inc_, 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 he executed the sane 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 Z Q / day
of 0 1977.
Notary Public, Nueces Cottntkj Texas
CHERYL MOFF
Notary Public, In and for Nuece County, Texas
My Commission Expir
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ZXHIB I T
Corpus Christi, Texas
17th day of T-- , 19
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases a.
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
` Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
13890
