HomeMy WebLinkAbout13967 ORD - 10/05/1977O JKH:vmr:10- 3- 77;1st
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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
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AmITIONs fr ALTEiZAT1oI1S Exhibit a
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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 __ —
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