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HomeMy WebLinkAbout13958 ORD - 09/28/1977JKH:hb:9 /26/77 ■ AN ORDINANCE • GRANTING A REVOCABLE EASEMENT•TO CENTRAL POWER AND LIGHT COMPANY TO CONSTRUCT A CANOPY OVERHANG PRO- TRUDING 3 FEET INTO AND 11 FEET ABOVE THE PUBLIC RIGHT -OF -WAY OF CHAPARRAL 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 the City Manager be and he is hereby authorized to execute a revocable easement to Central Power & Light Company over the right -of -way of Chaparral Street for the construction of a canopy overhang, said easement being the last three feet (3') of Chaparral Street abutting Lots 8 and 9, Block 15, Beach Portion, 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 40 day of ATTEST: , 1977. City Secretary APPROVED: a% DAY OF MAYOR THE_CITY OF CORPUS_ CHRISTI, TEXAS ' This ordinance is in effect and 1977 force with or without the signature of the Mayor, in J. BRUCE AYCOCK, CITY ATTORNEY accordance with Article II L Section 6 of the City Charter. • - By Assistant ty Attorne 13958 MICROFILMED JUL 0 71980 THE STATE OF TEXAS'' X COUNTY OF MUECES X 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 Central Power and Light Company 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 Central Power and Light Company the right to occupy and use a portion of the public right- of-way along the east side of Chaparral Street in substantial compliance with the sketch attached hereto and description made a part hereof. TO HAVE AND TO HOLD the same unto Central Power and Light Company, 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 herein described right- of-way for the purpose of building construction, 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 the portion of building or buildings constructed over the 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. D. Constructionwof the canopy overhang for drive -in pay station may extend over the public right -of -way, but no portion of said structure will be constructed at a height of less than 11 feet above the public, sidewalk. E. Grantee may use up to three (3) feet of the public right -of -way of Chaparral Street for this work, said portion being the east three feet of Chaparral Street abutting Lots •8 and 9, _ Block 15 of Beach Portion. F. Exhibit A indicates the scope and intent of structure to be built above the public right -of -way for this instrument. G. Adequate provisions, per City requirements, will be made relative to blocking a portion of the public sidewalk during construction. IN TESTIMONY .WHEREOF, the City olCorpus 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 COUNTY ,OF NUECES 1 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, by Central Power and Light Company and said .Grantee agrees to keep and perform the conditions imposed by said grant and easement and it is bound by all of the same. ATTEST: CENTRAL POWER AND LIGHT COMPANY THE STATE OF TEXAS S :COUNTY 'OF NUECES 1 By Vice President 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 Notary Public in and for Nueces County, Texas BEACH PORTION . CnNopY Fog yd y 57=d Tio NS 152. G Z' 9 23.1 ' _ - -- Corpus Christi, Texas 48-th day of tarniyate.t , 19 )1 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 David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample adi; 096 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 13958