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Home My WebLink About14397 ORD - 07/26/1978JKH:hb:7 /25/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WITH WESTSIDE LUMBER CO.,INC. FOR THE IN- STALLATION OF AN OVERHEAD BUILDING OVERHANG APPROXI- MATELY 12 FEET ABOVE SIDEWALK LEVEL, ON FRANCESCA STREET, WITHIN THE 1.5 FEET OF RIGHT -OF -WAY WHICH ABUTS THE PROPERTY KNOWN AS LOT 1, BLOCK 1, SEIKEL ADDITION, CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MADE A PART HERE- OF, 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 Westside Lumber Co., Inc. for the in- stallation of an overhead building overhang approximately 12'above the sidewalk level on Francesca Street, within the 1.5 feet of right -of -way which abuts the property known as Lot 1, Block 1, Seikel Addition, in the City of Corpus Christi, all as more fully set forth in the revocable ease- ment, 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 day of July, 1978. ATTEST: _(�A y Secretary MAYOR THE ITY RPUS CHRISTI, TEXAS APPROVED: J� DAY OF JULY, 1978: J. BRUCE YCOCK CITY ATTORNEY SUMMED, r By FJUL 0 6 1980 Assistant MIttorney 1439'7 REVOCABLE EASEMENT THE STATE OF TEXAS I 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 Ten Dollars ($10.00) to it in hand paid by Westside Lumber Co., Inc., a Texas corporation, Leon Grivel, Jr., 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 Westside Lumber Co., Inc., the right to install and maintain an over- head building overhang approximately 12 feet above sidewalk level, in the public right of way of Francisca Street within the 1.5 feet of right -of -way which abuts the property known as Lot 1, Block 1, Seikel Addition of the City of Corpus Christi, as recorded in Vol. 7, Page 32, Nueces County, Texas Map Records, located at 3101 Agnes Street, as shown on the attached drawing marked EXHIBIT "A ". TO HAVE AND TO HOLD the same unto Westside Lumber Co., 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 building overhang, 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 building overhang. 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. 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: 19 ,1978 J. BRUCE AYCOCK, CITY ATTOR11EY Cit ttorney 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 1978. " Notary Public in and for Nueces County, Texas .1 i••' The above grant and easement is hereby accepted this the day of 1978, by Westside Lumber Co., 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: WESTSIDE LUMBER CO., INC. By: �1 C Clifford Stratton, Secretary Leon Grivel, Jr., res dent tom- .G THE STATE OF TEXAS X COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Leon Crivel, Jr., President of Westside Lumber Co., 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 same 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 �� day of C //I /ifl (/ , 1978. Notary Public, Nueces County, Texas • CII U v� \ =-Z7 Corpus Christi, 7 x s -_day of 192, 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 CITI OF 6S CHRISTI, TEXAS The Charter Rule was suspended by a following vote: 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 x.439'7 :e: