HomeMy WebLinkAbout14558 ORD - 10/18/1978JKH:hb:10 /17/78
TEXAS:
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO COUNTRY CLUB ESTATES
ASSOCIATION, INC. FOR ERECTION OF TWO MASONRY ENTRANCE
MARKERS ON ST. ANDREWS DRIVE AT THE ENTRANCE OF COUNTRY
CLUB ESTATES, UNIT 16, ALL AS MORE FULLY SET FORTH IN
THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT
"A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a revocable easement to Country Club Estates Association, Inc.
for erection of two masonry entrance markers on St. Andrews Drive at the
entrance of Country Club Estates, Unit 16, all as more fully set forth in
the revocable easement, a substantial copy of which is attached hereto,
made a part hereof, and marked Exhibit "A ".
SECTION 2. That 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 de-
clared 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 _j & day of October,1978.
ATTEST:
Secretary
APPROVED:
/1 DAY OF OCTOBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant ff Attorney
V�11CRL�
FJUL 0 81980
1455€3 1
REVOCABLE EASEMENT
THE STATE OF TEXAS
COUNTY OF NUECES X
THAT, the City of Corpus Christi, Texas, acting by and through its
duly authorized City Manager, R. Marvin Townsend, for and in consideration
of the sum of _ Fifty ($50.00) Dollars to it in hand paid by Country
Club Estates Association,, Inc., a Texas Corporation, hereinafter referred to
as GRANTEE, 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 Country Club Estates
Association, Inc., the right to construct, maintain, repair and remove two
reinforced concrete entry markers to be constructed at the locations shown
in accordance with the plan attached hereto, marked Exhibit "A ". The markers
are to be located free and clear of the public sidewalk and are to be constructed
per the details of the attached Exhibit "B ". The markers will bear the words
"COUNTRY CLUB ESTATES" in cast aluminum letters. '
TO HAVE AND TO HOLD the same unto the said Country Club Estates
Association, Inc., their successors and assigns, together with the right and
privilege at any and all times to enter upon the above strip of land for the
purpose of constructing and maintaining the said sign at said location, and
it is further understood that the foregoing easement and right is granted upon
the following conditions and terms;
1. Said marker shall be placed substantially in compliance with the
plan attached hereto and made a part hereof. The City Building Division
will inspect this work during the construction period.
2. It is understood and agreed that the right and easement herein
granted may be revoked at any time by the City of Corpus Christi, and Grantee
may be required to remove the aforesaid marker upon thirty (30) days notice,
in writing.
3. Grantee will save and keep harmless the City of Corpus Christi, from
any and all claims for liability by reason of the construction of said sign
or the maintenance or existence thereof.
4. Grantee will repair or cause to be repaired any damage to any
street, sewer, storm sewer, drainage facility, underground lines, wires, or
pipes owned by the City of Corpus Christi, or holders of any franchise from
the City, by reason of the construction of said sign and the maintenance
thereof. Grantee will apply to the City Building Division, after first
acquiring a "Special Council Permit" from the City Council, for a permit
before performing the work in accordance with the permit and all City ordin-.
ances applicable.
5. All rights granted hereby shall be subordinate to all uses as
the City may make of such street right -of -way for public purposes.
a. Grantee shall not interfere with traffic in any manner without
first obtaining approval of the City Traffic Engineer. Grantee shalL' provide
for through traffic at all times.
b. No work is to be started before proper permit has been obtained
from the City Building Division.
c. Grantee shall adjust the marker within the area covered by this
easement or remove the above described marker, if necessary, for the construc-
tion of any public utilities or change in street grade or patterns on the
streets or for any other reason of the City stated in writing to Grantee..
d. Grantee shall attach a small aluminum tag to the marker showing
the owner's name, address and City Ordinance Number authorizing the construction.
IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents
to be executed this the day of 1978.
,
ATTEST: THE CITY OF CORPUS CHRISTI
By
Bill Read, City Secretary R. Marvin Townsend, City Manager
APPROVED:
day of t4 1978
J. BRUCE ✓,p,CK, CJJY ATTORNEY
Bv:
, f�(. City t f "ney R. W. Coffin
- 2 -
THE STATE OF TEXAS X
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 considerations therein
expressed.
GIVEN UNDER My HAND AND SEAL OF OFFICE, this the day of
1978.
Notary Public, Nueces County, Texas
The above GRANT AND EASEMENT is hereby ACCEPTED this the day
of , 1978, by Country Club Estates Association, Inc.,
a Texas Corporation, and said Country Club Estates Association, Inc. agrees
to keep and perform the conditions imposed by said grant and easement and that
it is bound by all of the terms of same.
COUNTRY CLUB ESTATES ASSOCIATION, INC.
By
Andrea Stella, President
ATTEST:
Secretary
THE STATE OF TEXAS X
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Andrea Stella, President of Country Club Estates Association, Inc_, known to
me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that she 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
1978.
_ Notary Public, Nueces County, Texan'
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EXHIBIT " B
Corpus Christi, T as
_day of , 19A
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.
The Charter rule was suspe
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
14558