HomeMy WebLinkAbout04587 ORD - 07/18/1956GGP:AP:7/17/56
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CHIEF INSPECTOR OF THE INSPECTION
SECTION OF THE DEPARTMENT OF PUBLIC WORKS TO ISSUE A BUILDING PERMIT
TO JOSEPH A. KUSH FOR THE CONSTRUCTION OF A SEVEN {() BUILDI
AT THE NORTHEAST INTE1,6ECTION OF PARK V N E AND S H
R (LOWER SOUTH BROADWAY), BEING REFL7RET5 10 AS bouill
CHPTRRAL STREET (LOWER SOUTH BROADWAY) WITHIN THE CITY, IN
CONFORMITY WITH AND BASED ON THE AFFIRMATIVE REPRESENTATI74—OF
JOSEPH A. KUSH IN HIS AFFIDAVIT AND PUBLIC STREET RIGHT OF WAY
AGREEMENT AND GRANT TO THE C TY, BOTH OF WHICH R ATTACHED
HERETO AND MADE A PART HEREOF,AND TO FORMALLY ACCEPT FOR AND
IN BEHALF OF THE PUBLIC SAID PURLfC 7-RE 7 T 7-RE RIGHT OF WAY 777 E-
MENT AND GRANT; AND DECL R NG AN EIIIERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CHIEF INSPECTOR OF THE INSPECTION SECTION OF
THE DEPARTMENT OF PUBLIC WORKS OF THE CITY, DE AND HE IS HEREBY AUTHORIZED AND
DIRECTED TO ISSUE A BUILDING PERMIT TO JOSEPH A. KUSH, OWNER OF THE PROPERTY
LOCATED AT THE NORTHEAST INTERSECTION OF PARK AVCNUE AND SOUTH CHAPARRAL STREET
(LOWER SOUTH BROADWAY), HEREIN REFERRED TO GENERALLY AS 5511 S. CHAPARRAL STREET,
WITHIN THE CITY OF CORPUS CHRISTI, FOR THE CONSTRUCTION OF A SEVEN (7) STORY
BUILDING AT SAID LOCATION, IN CONFORMITY WITH AND IN RELIANCE UPON THE AFFIRMATIVE
REPRESENTATIONS MADE BY I >1R. JOSEPH A. KUSH IN HIS AFFIDAVIT AND PUBLIC STREET
RIGHT OF ''JAY AGREEMENT A14D GRANT TO THE CITY OF CORPUS CHRISTI, TEXAS, BOTH OF
SAID INSTRUMENTS DEING ATTACHED HERETO AND MADE A PART HEREOF AS FULLY AS THOUGH
COPIED HEREIN AND HEREBY REFERRED TO FOR CLARITY, IDENTIFICATION AND THE SPECIFIC
TERMS AND BASIS ON WHICH SAID BUILDING PERMIT IS ISSUED.
SECTION 2. THAT THE SAID PUBLIC STREET RIGHT OF WAY GRANT TO THE
CITY OF CORPUS CHRISTI, TEXAS, MADE UY JOSEPH A. KUSH IS HEREBY FORMALLY ACCEPTED
FOR PUBLIC STREET PURPOSES, SUBJECT TO THE TERMS AND C014DITIONS SET FORTH IN SAID
GRANT, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 3. THAT THE NECESSITY IN HAVING THE EXTENT OF THE SUBSURFACE
ENCROACHI4ENT AND THE RECOGNITION OF SUCH ENCROACHMENT INTO PUBLIC STREET RIGHT
OF WAY BY MR. JOSEPH A. KUSH IN THE CONSTRUCTIOrl AND INSTALLATION OF A SEMEN (7)
STORY BUILDING AT THE NORTHEAST CCP7NER OF THE INTERSECTION OF PARR AVENUE AND
SOUTI -; CHAPARRAL :STREET (LOWER SOUTH BROADWAY) IN THE CITY OF CORPUS CHRISTI, TEXAS,
AND IN THE SECURII•IG, ESTABLISHING AND ACCEPTANCE OF THE HEREIN DESCRIBED PUBLIC
STREET RIGHT OF WAY GRANT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
4'�e�
EMERGENCY AND AN IMPERATIVE PUBLIC NZCES51TY REQUIRING THE SUSPENSION OF THE
CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND 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 SAID
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 PASSED AND APPROVED, THIS THE D AY OF
JULY, 1956.
MAYOR
THE CITY Of CORPUS CHRISTI, TEXAS
ATTE .`A
c<—
CITY SECRETARY
hPPROVED AS TO LEGAL fORPI
JULY 9
CITY ATTORNEY 1�
THE STATE OF TEXAS Q
PUBLIC STREET RIGHT OF WAY AGREEMENT
COUNTY OF NUECES 0 AND GRANT
FOR AND IN CONSIDERATION OF THE SUM OF TEN ($10.00) DOLLARS AMC)
OTHER AND VALUABLE CONSIDERATION TO THE UNDERSIGNED, CASH IN HAND PAID, THE
RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, THE UNDERSIGNED, HEREIN-
AFTER CALLED THE GRANTOR, HEREBY GRANTS TO THE CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORPORATION, DULY INCORPORATED BY A SPECtAL ACT Of THE LEGISLATURE
OF THE STATE OF TEXAS, HEREINAFTER CALLED GRANTEE, A PUBLIC STREET RIGHT OF WAY
FOR PUBLIC STREET PURPOSES OVER, UNDER AND ACROSS THE ENTIRE SURFACE OF THE
FOLLOWING DESCRIBED LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, TO WITS
BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND CONVEYED TO JOSEPH A. KUSH AND WILLIAM J.
STEIDLE BY DEED DATED AUGUST 12, 1955 AND RECORDED IN
VOLUME 702, PAGE 43 OF THE O EED RECORDS OF NUECES COUNTY,
TEXAS, TO WHICH REFERENCE IS HEREBY MADE IN AID OF T041S
DESCRIPTION;
THENCE N 790 - 371 E A DISTANCE OF 25.29 FEET TO A
POINT FOR A CORNER OF THIS TRACT!
THENCE S 10- 401 - 30• E PARALLEL TO AND 251 EAST OF
THE EAST BOUNDARY LINE OF CHAPARRAL STREET (LOWER SOUTH
BROADWAY) A DISTANCE OF 94.13 FEET TO A POINT FOR A CORNER
Of THIS TRACT;
THENCE S 800 - 421 W A DISTANCE Of 25.22 FEET TO A
POINT FOR A CORNER Of THIS TRACT;
THENCE N 10 - 401 - 30" W ALONG THE EAST BOUNDARY LINE
Of CHAPARRAL STREET (LOWER SOUTH BROADWAY) A DISTANCE OF
83.65 FEET TO THE PLACE OF BEGINNING.
SUCH PUBLIC STREET RIGHT OF WAY HEREBY GRANTED SHALL BE GENERALLY
CONSTRUED TO BE A STRIP OF LAND 25 FEET IN DEPTH AND 94,65 FEET IN LENGTH
PARALLELLING THE ORIGINAL EAST PUBLIC STREET RIGHT OF WAY LINE OF CHAPARRAL
STREET (LOWER SOUTH BROADWAY) AS SET FORTH IN ORDINANCE 03057 PASSED AND
APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ON MAY 29,
1951, WHICH ORDINANCE 15 HEREBY REFERRED TO AND MADE A PART HEREOF IN AID OF
THIS DESCRIPTION. THIS GRANT OF PUBLIC STREET RIGHT OF WAY IS MADE UPON AND
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT THE GRANTOR, HIS HEIRS SUCCESSORS OR ASSIGNS RESERVE THE
ENTIRE SUBSURFACE OF SAID TWENTY -FIVE FOOT PUBLIC STREET RIGHT OF WAY AREA
DESCRIBED HEREINABOVE, FOR THE INSTALLATION OF UNDERGROUND VEHICLE STORAGE AND
MISCELLANEOUS BUILDING STORAGE FACILITIES. IN RETAINING AND USING SAID SUBSURFACE
AREA THE GRANTOR, HIS HEIRS, SUCCESSORS OR ASSIGNS SHALL CONSTRUCT AND MAINTAIN
SAID SUBSURFACE FACILITIES 114 SUCH I MANNER AS TO 114 NO WAY IIMPEDE. OR INTERFERE
WITH ANY PRESENT OR FUTURE PUBLIC IMPROVEMENTS OR USE OF THE SURFACE OF SAID
TWENTY -FIVE FOOT .AREA`. FOR PUBLIC STREET PURPOSES.
2. GRANTOR SHALL CONSTRUCT SAID SUBSURFACE FACILITIES IN SUCH A
MANNER AS TO SAFELY AND ADEQUATELY PROVIDE FOR THE PRESENT AND FUTURE USE OF
THE SAID TWENTY —FIVE FOOT AREA SURFACE AS A PUBLIC STREET, AND HEREBY BINDS
SAID GRANTOR, HIS HEIRS, SUCCESSORS AND ASSIGNS TO REPAIR, ANY DEFECTS THAT MAY
APPEAR IN SAID TWENTY —FIVE FOOT SURFACE STREET RIGHT OF WAY AT NO EXPENSE TO
THE GRANTEE AND TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GRANTEE HEREIN, AGAINST
ANY AND ALL CLAIMS..,.THAT MAY ARISE OR ANY AND ALL LIABILITY, FROM ANY SOURCE.
THAT MAY BE INCURRED $Y SAID GRANTEE. AS THE RESULT OF OR BECAUSE OF SAID SUB—
,HAT
USE OF THc HEREIN GRANTED TWENTY —FIVE FOOT PUBLIC STREET RIGHT OF WAY
iREA.
TO HAVE AND TO HOED SAID PUBLIC STREET RIGHT OF WAY TO SAID GRANTEE,
SUBJECT Tu AND UPON THE FOREGOING CONDITIONS AND STIPULATIONS.
IN TESTIMONY WHEREOF, THE GRANTOR HAS HERETO SET HIS HAND THIS THE
DAY OF
ASEPH A. KUSH
THE STATE GF TEXAS
COUNTY OF NUECES Q
BEFORE ME, THE UNDERSIGNED AUTHORITY. ON THIS DAY PERSONALLY APPEARED
JOSEPH A. KUSH, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE-
GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED.
fia
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE _DAY OF
1456.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
"N" i.
GGP:AP:7 /17/56
THE STATE OF TEXAS j
CWNTY OF NKCES
BEFORE: ME, THE: UNDERSIGNED AUTHORiTYA ON T1415 DAY PERSONALLY APPEARED
JOSEPH A. KUSH, 94OWN To ME TO t.: A PERSON Oi LAWFUL AGE, AND AFTER 3EING SYNC
DULY SWORN, UPON GATK 'OEPOSC5 Af1D 'SAYS:
THIS 4DAY OF I HAVE APPLIED FOR A SUILDtHO
PERMIT TO CONSTRUCT AND MAINTAIN A SEVEN STORY BUILDING CONSISTING OF TWO (2)
FLOORS FOR AUTOMOBILE PARKING. FOUR (4) FLOORS Of BUSINESS OFFICES AND TWO (2)
EXECUTIVE APARTMENTS LOCATED AT 554 S. CHAPARRAL STREET. (LOWER SOUTH BROADWAY)
CITY Of CORPUS CHRISTI@ TEXAS.
I HEREBY RECOGNIZE AND ACKNOWLEDGE, IN REQUESTING A BUILDING PERMIT
FROM THE GA TV Of CORPUS CHRISTI. TEXAS, FOR THE CONSTRUCTION Of A SEVEN (7)
STORY BUILDING ON MY ABOVE 09SCRIBED PROPERTY, IN CONFORMITY WITH THE HERETO
ATTACHED BUILDING CONSTRUCTION PLANS AND SPECIFICAT /OKS. THAT THREE OF THE
FOUNDATION FOOTINGS W144CH WILL SUPPORT THAT PORTION OF SAID SEVEN (7) STORY
BUILDING FRONTING ON PARK AVENUE. A PUBLIC STREET, EXTEND INTO SA#O PUBLIC
STREET RIGHT OF WAY APPROXIMATELY fORTV -FIVE INCHES (478) BEYOND MY PROPERTY
LIME.
R FURTHER RECOGNIZE AND ACKNOWLEDGE THAT THE CITY Of CORPUS CHRISTI,
TEXAS, HAS DULY ESTABLISHED A BUILDING LINE 25 FEET FROM THE COMMON BOUNDARY
LINE of MY PROPERTY AND THE ORIGINAL EAST PUBLIC STREET RIGHT OF WAY LINE OF
CHAPARRAL STX.C.ET (LONER SOUTH FROADWAV) AS SET fORTN IM GRDINANCE 03 057 PASSED
AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CNR15T1. TEXAS ON MAY
29. 3951. IN REGARD TO SAID BUILDING LINE I HEREBY AFFIRMATIVELY REPRESENT,
IN REQUESTING SAID SUILDIMS PERMIT, THAT I SMALL EITHER BEFORE OR IMMEDIATELY
UPON OBTAINING SAID BUILDING PERMIT EXECUTE A STREET RIGHT OF WAY AGREEMENT
AND GRANT WITH THE CITY Of CORPUS CHRISTI. TEXAS. CONVEVINS TO SAID CITV THE
ENTIRE SURFACE OF SAID 25 FOOT AREA, ESTABLISHED BY SAID BUILDING LINE, FOR
PUBLIC STREET PURPOSES., RESERVING HOWEVER UNTO MYSELF THE ENTIRE SUBSURFACE
OF SAID 25 FOOT AREA, FOR THE INSTALLATION OF,UNDERGROUND VEHICLE STORAGE AND
MISCELLANEOUS BUILDING STORAGE FACILITIES. I AFFIRMATIVELY REPRESENT. IN
RETAINING THE SUBSURFACE OWNERSHIP Of SAID 25 FOOT AREA, TO CONSTRUCT SAID
SUBSURFACE FACILITIES IN SUCH A MANNER AS TO IN NO WAY IMPEDE OR INTERFERE
WITH ANY PRESENT 04 FUTURE PUBLIC IMPROVEMENTS OR USE Of THE SURFACE THEREOF
FOR PUBLIC ROAD PURPOSES.
1 HEREBY A►FIRIIATIVELY REPRESENT TO THE CITY OF CORPUS CHRISTI.
TEXAS, THAT SHOULD SAID BUILDING PERMIT BE ISSUED POP. THE CONSTRUCTION Of
SAID BUILDING THAT NEITHER 1. NOR MY HEIRS. ASSIGNS OR SUCCESSORS IN TITLE
TO THE HEREIN DESCRIBED PROPERTY SHALL EVER IMPEDE OR INTERFERE WITH THE
PUBLIC USE OR OCCUPANCY OF SAID DARK AVENUE IN ANY MANNER BY MY HAVIVO EXTENDED
THE SAID THREE FOUNDATION FOOTINGS INTO SAID PUBLIC STREET RIGHT OF WAY.
I FURTHER HFREBV AFFIRMATIVELY REPRESENT TO THE CITY OF CORPUS
CHRISTI. TEXAS. THAT SHOULD SAID BUILDING PERMIT BE ISSUED TO ME TWAT !.
MY HEIRS. ASSIGNS AND SUCCESSORS IN TITLE TO THE HEREIN DESCIrINED PROPERTY
SHALL DEFEND, INDEMNIFY AND KLD HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS.
.GAINST ANY AND ALL CLAIMS THAT MAY -RISE OR ANY AND ALL LIABILITY FROM ANY
SOURCE, THAT' MAY BE INCURRED BY THE L1TY UP CORPUS LHR33T1. TEXAS. AS THE
RESULT OF ON BECAUSE Of SAID THREE BUILDING FOUNOATION FOOTINGS EXTENDING
INTO THE SAID PUBLIC STREET RIGHT OF WAY OR PROM OR AS THE RESULT OF THE A.BDVE
DESCRIBED SUBSURFACE USE OF THE 213 FOOT BUILDING SETBACK AREA.
JOS H A. KUSH
SW"N TG AND SUBSCRIBED BEFORE NE By THE SAID JOSEPH A, SCUSN,
THIS THE DAY OF TO CERTIFY WHICH WITNESS MY HAND AND
SEAL OF OFFICE.
NOTARY PUBLIC IN,,1ND FOR NUECES
f,'.,'T.OU/ITY" " TEXAS .fexm
J,ctru n,� Punk. fr, n.iu fni fSuecas Coy:: Y,
I. .JOSEPH A. KU$H, HEREBY ACKNOWLEDGE RECEIPT OF BUILDING PERMIT
HO• _. —, ON THIS THE g,.; "DAY Of
-- ,28118, ISSUED TO ME BY THE
CITY Of CORPUS CHRISTI, TEXAS, THROUGH THE INSPECTION SECTION OF SAID CITYIS
DEPARTMENT SEF PUBLIC WORKS,
JD PH A. KUSN
THE STATE 017 TEXAS Q
COUNTY OF NUECES Q
BEFORE ME. THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
JOSEPH A. KUSH. KNOWN TO NE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE_
-GOING INSTRUMENT AND ACKNOWLEDGED TO Hf TQIq_T HE EXECUTED THE SAME FOR IMF PURp0bY5
AND CONSIDERATION THEREIN EXPRESSED.
OVEN UNDLk MY HAND AND SEAL UV UFFACE, THIS THC —DAY
Ur
NOTAPY PUOLIC IN AND FUR HUECLS
(.OUNTV, TEXAS
ANN COLI_lr�s
NaTWY PLTliil,- [,, ,,j I,,,- ' j:,U,,,.,
11 - , CU'll, T,
Cow, HRI ST TEXAS
X, 1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN;
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND ;MFERATI'VE, 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 f'0JtiCCL. I, THEREFOREV HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQUU;RE'#f:NT AND PASS THIS ORDINANCE FINALLY ON
THE DATE IT IS INTRODUCED3 OR AT THE PRESERT MEETING OF THE CITY COUNCIL.
RE.SPECTFULLY9
MAr
THE CITY OF' CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE 70--L(1 °.11NS 4'GTEB
FARRELL D. SMITH
r £R
MINOR CULLF
W. J. RurBE'.RTS
Ci. E. BIGL ER
MAN UEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY 7A-- FCLLtOWING VOTE:
FARRE'LL D. SMITH
MIN )R CULL 1
W. J. ROBERTS
B. E. BIGLER
MAUL'.EL P. MALDONADO