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HomeMy WebLinkAbout13967 ORD - 10/05/1977O JKH:vmr:10- 3- 77;1st i a AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO T. FRANK SMITH, JR., INTO THE RIGHT OF WAY OF AGNES AND SOUTH STAPLES STREETS FOR THE CONSTRUCTION OF MANSARD CANOPIES AND BALCONIES, SAID EASEMENTS EXTENDING FOUR FEET ay INTO THE PUBLIC RIGHT OF WAY OF AGNES STREET AND SOUTH STAPLES STREET, ALL AS MORE FULLY SET FORTH IN THE RE- VOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACH- ED 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 T. Frank Smith, Jr., into the right of way of Agnes and South Staples for the construction of mansard canopies and balconies. said easements extending four feet into the public right of way of Agnes Street;, being the south four feet of Agnes Street abutting Lots 13, 14 and 15, Block 11, Chamberlin Subdivision, 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 5 day of �� -mil / , 1977. ATTEST: City Secretary PV DAY OF 1977 J. BRUCE AYCOCK, CITY ATTORNEY Assistant City ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and C force with or without the , signature of the Mayor, in accordance with Article II Section 6 of the City Charter. MICROFILMED 13967 JUL 0 71980 0 REVOCABLE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I 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 T. Frank Smith, Jr. 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 T. Frank Smith, Jr, the right to occupy and use a portion of the public right-of-way along the south side of Agnes Street and the west side of South Staples Street in substantial compliance with the sketch attached hereto and description made a part hereof. TO HAVE AND TO HOLD the same unto T. Frank Smith, Jr., 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 herein described right -of -way for. the purpose, of building reconstruction, 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,upon the giving of 30 =days written notice.. 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. Construction of mansard canopies and balconies may extend over the public, right -of -way, but no portion of said structures will be constructed at a height of less than 11 feet above the public sidewalk. - E. Grantee may use up to four (4) feet of the public right -of -way of Agnes Street for this work, said portion being the south four feet of Agnes Street abutting Lots 13, 14 and 15, Block 11, Chamberlins Subdivision, and grantee may use up to four (4) feet of the west right -of -way of South Staples Street abutting Lot 15, Block 11, Chamberlins Subdivision. F_ Exhibits A and B (attached) indicate the scope and intent of structures 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 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 COUNTY OF NUECES 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 T. Frank Smith, Jr. 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: Secretary THE STATE OF TEXAS $ COUNTY OF NUECES j( T. Frank Smith, Jr. 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 IT J_ULEFT �Ooc) UP 64LS 1: ifff Ue: S. STAPLES ST ELEVATION i4l 14 Z!Y L I I �PROPOSES� MM4SA F2YDS _� aA.- )✓';_ 1, l ti''il ::� 1. �`� I -iI N y F--,U I DI 0' - ��p�,�e,•rr °�.1�'••> �,'�1:•:�1�;�:!:•ti IA �- L o Z.►Q�O /3Gl�C�,� I �' �j `ail . G /- �l�l� c. 1 • LING: • I I • � ' .�G ;.aJL •.. _ _- 313 i _ o �� • ± � � �'' � " rt � _ ... � , � ` • 5. STAPLSs ST. I o I Fl- k6l. III - ^�o•o ` • • � • AmITIONs fr ALTEiZAT1oI1S Exhibit a TO buit- 011JCvS FOR a0SEP �i �;: -r, A. 1. A. . . ''—.I .. . . . . i A III nirDc .S ♦ . . 4 Corpus Christi, Texas day of 19 17 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 The above ordinance was passed by the following vote: Jason Luby IEduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. ____ Edward L. Sample __ — 1.96'7