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Home My WebLink About14335 ORD - 05/31/1978LC:vp:5 /30/78:lst , AN ORDINANCE GRANTING A 10 -FOOT WIDE REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, TO THE SALVATION ARMY OUT OF THE 60 -FOOT WIDE RIGHT -OF -WAY ON 15TH STREET, ADJACENT TO AND EAST OF BLOCK 6, BAYVIEW NO. 3, AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute and deliver, for and on behalf of the City of Corpus Christi, an instrument of revocable easement to The Salvation Army out of the 60 -foot wide right- of -way on 15th Street, adjacent to and East of Block 6, Bayview No. 3, as more fully described 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 authorize the right to use and main- tain as an addition to the existing playground the aforesaid easement at the location described in the said attached Exhibit "A" at the earliest practic- able 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 3 day of May, 1978. ATTEST: Secretary MAYOR CITY OF C US CHRISTI, TEXAS APPROVED: M � CRON MED MU ':� 0— DAY OF MAY, 1978: J. BRUCE AYCOCK CITY ATTORNEY BY: Assistant i Attorney JUL U o jyvu 14335 EXHIBIT "A" REVOCABLE EASEMENT 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 One Dollar ($1.00) to it in hand paid by The Salvation Army, a charitable non - profit organiza- tion, acting;by and through its duly authorized representative, A. C. Ross, 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 Salvation Army, the right to use and maintain as an addition to an existing playground, this - area in the public right of way of Fifteenth Street described as follows: Being a 10.0 foot wide strip of land out of 60.0 foot wide 15th Street right-of -way, adjacent to and east of Block 6, Bayview No. 3, as shown by map of record in Volume A, Page 25, Map Records, Nueces County, Texas, and more particulary described by metes and bounds as follows: BEGINNING at the point of intersection of the north right- of-way line of Buford Street and the west right -of -way line of said 15th Street, said point being the Southeast corner of abovementioned Block 6, for the beginning point of the tract of land herein described; THENCE N. 50 30' W. along the east boundary line,of said Block 6 with the west right -of -way line of said 15th Street a distance of 377.0 feet to a point being the northeast corner of said Block 6 and the point of intersection with the south right -of -way line of Hancock Avenue; THENCE N. 840 30' E. a distance 10.0 feet to a point; THENCE S. 050 30' E. along a line that is 10.0 feet east of and parallel to the west right- of-way line of said 15th Street a distance of 377.0 feet to a point; THENCE S. 840 30' W. a distance of 10.0 feet to the place of beginning and containing 3770.0 square feet of land, more or less. A map of which is marked "Exhibit A ", and attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the same unto said Salvation Army, 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 and use as an addition to its playground, 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 use of and maint- enance of said playground. 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. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1978. .ATTEST: CITY OF CORPUS CHRISTI By. City Secretary R. Marvin Townsend, City Manager APPROVED: l/tc - , 1978: J. BRUCE AYCOCK, ATTORNEY By: -2- THE STATE OF TEXAS 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 1978. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of , 1978, A. C. Ross, 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 tfie same. ATTEST: THE SALVATION ARMY Secretary A. C. Ross, Commanding Officer THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared A. C. ROSS, Commanding Officer of The Salvation Army, a charitable and non - profit organization, 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 same for the purposes and consideration therein expressed as the act and deed of said organization and in the capacity stated. / GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ✓` day of 1978. /f Notary Public, Nueces Ctrunty, Texas ADELINE J. REICHLE •�,� Notary public, Nueces County, Texas •`� My Commission Expires - G' ••Z -7 \ s 'i -3- - •.a+Yyj3#'{:.�r.1 `a,: '�-[c �:, • =l t _ - • :�4�.:a..4.Y;!'r'�•::.7r'�•sy YS3R,',e_.:`:..,. _ _ _ '_'i•a=- r,>ic<i y... - r�r- l:ta!m ri+.ciW'S 50' 5.84 °30W.. f.�uFO�u ST.PE�'T 60.0' / /6 2 /5 3 /4 4 /3 ,01moO5a/J Al nloC4/3LL= EDSG�LlC.f/T FO.P MG 9,JL tW'1ON /IQMy 5,r,due : /"- /00' O -Z7 78 ,ex#ll3 /T 'J" Corpus Christi, Texas day of 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- ardinance 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', MA OR THE CITY OF CORPUS ISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1433,s :e: :e, M