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Home My WebLink About14634 ORD - 11/22/1978/ jkh:11- 21- 78;lst AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO SCOTCH INVESTMENT CO. TO PERMIT THE HOLIDAY INN - EMERALD BEACH TO CON- STRUCT ADDITIONAL CONCRETE SHEET PILING, A CONCRETE CAP TO RETAIN AND ENLARGE THE EXISTING SAND BEACH AND A COVERED SUN DECK ON THE EAST SIDE OF THE HOTEL ON PROPERTY OWNED BY THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED 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 Scotch Investment Co, to permit the Holiday Inn - Emerald Beach to construct additional concrete sheet piling, a concrete cap to retain and enlarge the existing sand beach and a covered sun deck on the east side of the hotel on property owned by the City of Corpus Christi, all as more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". 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, 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 .222 day of November, 1978. ATTEST: �� City Secretary MAYOR APPROVED: THE CITY 0 C CHRISTI, TEXAS 7i2/DAY OF NOVEMBER, 1978: ✓ Uaawa J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C' ttorney �y a �'#f2ii•3 REVOCABLE EASEMENT THE STATE OF TEXAS x COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS: 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 Hundred Dollars ($100.00) to it in hand paid by Scotch Investment Company, Inc., a Texas corporation, the receipt of which is hereby acknowledged, has granted, and by these presents does grant upon the conditions hereinafter stated, unto the said Scotch Investment Company, Inc., the right to install and maintain piling, pile cap, handrails, a concrete and timber sun deck and a sand beach on property owned by the City at the water's edge and in waters of Corpus Christi Bay immediately east of the C. G. Glasscock Bayfront Addition, as recorded in Vol. 25, Page 34, Nueces County, Texas Map Records, further described and contained in the attached map marked Exhibit A. TO HAVE AND TO HOLD the same unto Scotch Investment Company, 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 for the purpose of maintaining said improvements, 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 improvements. 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 City improvements, or other uses, or the maintenance thereof. The City shall have the right to require removal of all or a portion of improvements if interference is shown. Further, the right of the public for the use of the area covered by this easement shall in no way be denied or restricted by the Grantee. D. All applicable State laws and City ordinances shall be complied with and the necessary Building Permit shall be secured from the City. Z-/ l ,� E• All necessary Corps of Engineer and /or Coast Guard permits shall be secured by the Grantee, to include General Land Office clearance as required, F• No portion of the public seawall on East Shoreline Boulevard is to be crossed by construction equipment as a result of the purposed improvements unless specific written approval has been obtained by the Department of Engineering and Physical Development. IN TESTIMONY WHEREOF, the City of Corp Christi has caused these to be executed on this the ZL day to of 1.978. ATTEST: CITY OF CORPUS CHRISTI City Secretary By '�/J- R. Marvin Townsend, City Manager APPROVED: (�2-� C. Z - S. Bruce Aycock ' 1978 City Attorney By Assistant Cit torney 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 consideration therein - expressed. Given under my hand and seal of office, this the —.—�_ day of 1978. Notary Public in and for Nu--- County, eces Texas -2- The above grant and easement is hereby accepted this the of ---- day 1978, by SCOTCH INVESTMENT, 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: SCOTCH INVESTMENT CO., INC. By' — THE STATE OF TEXAS X COUNTY OF NUECES j BEFORE ME, the undersigned authority, on this day personally appeared: 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 of day 1978. Notary Public, Nueces County, Texas -3- d� Ilk h Ilk 4 � o m � tii d y C 3 O D .S¢g Gb /. G7� X092 /93 d¢sc /ripiron. ATo s¢P --- C@ /Uo. G¢r/¢ro/ .O¢scri- Pion o/' U,o %d Pideo� �vJ v A q� 3 N / I h r v h �J V l3Qi�9 o�oor7`ion off' -God / � � v.C£T�.v �.�' .4.esy Ado/i fio� !/o /. 2S, Go rr -5:9 h ii/G/Q'CQ -S Co vs / —.L ucTio v .4r COU/J7f %QXdJ Cords', . B.E/%C!� /, Cpef-YJS C,y.E'isr� JOHN HUSTO N, INC. CGNSJLTIHG ENGINEER � � /f " Tcx'S's _57 /97B a CORPUS CHRISTI, TEXAS 7 Corpus Christi, z7as day of� Ag,,p ,V , 19 %P 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 TPE CITY 6F C CHRISTI, TEXAS The Charter rule was suspended by ,4he following vote: Gabe Lozano, Sr. Bob Gulley E 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 ?��31. e: