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Home My WebLink About13391 ORD - 09/15/1976JKH:hb:9 /14/76:lst AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO THE TEXAS MEXICAN RAILWAY COMPANY FOR THE OPERATION OF A SPUR CROSSING AT OR NEAR THE INTERSECTION OF VILLA DRIVE AND AGNES STREET, IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUB- STANTIAL 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 the Texas Mexican Railway Company for the operation of a spur crossing at or near the intersection of Villa Drive and Agnes Street, in.the City of Corpus Christi, all as more fully set forth 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 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 take effect and be in full force and effect from and fter its passage, IT IS ACCORDINGLY SO ORDAINED this the day of , 1976. ATTEST: ST Ci! ecretary MAYOIte THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: . %�� DAY OF .IYGOI/1 , 1976: MICROFI J. B CE AYC —OCK, CITY RNEY LMED By JUN 3 01980 Assistant City torney 13391 REVOCABLE'EASEMENT THE STATE OF TEXAS 1 COWi TY 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 consider- ation of the sum of two hundred dollars ($200) to it in hand paid by the Texas Mexican Railway Company, hereinafter referred to as GRANTEE, said fee to be based on a crossing charge of one hundred dollars ($100) per lane crossing within the public right -of -way of Agnes Street, 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 Texas Mexican Railway Company the right to place, construct, operate, maintain, repair and remove one single track or spur crossing, at grade, at or near the intersection of Villa Drive and Agnes Street, as further shown in the attached Exhibit "A ". Both the City and the Texas Mexican Railway Company recognize that the track or spur was in existence and operation when this instrument was prepared, having been previously authorized by City Ordinance No. 4619, said ordinance tenure having expired. TO HAVE AND TO HOLD the same unto the said Texas Mexican Railway Company, 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 track crossing for common railroad purposes, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. Pail traffic on said track or spur will comply with all applicable ordinances governing operation of railroad moving stock within the City limits. 2. Said track or spur shall be placed or operated substantially in compliance with the plan attached hereto and made a part hereof. 3. 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 track or spur upon sixty (60) days notice in writing. 4. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction or operation of said track or spur or the maintenance or existence thereof. 5. Grantee will repair or cause to be repaired any damage to any street, sewer, storm sewer, drainage facility, under- ground lines, wires, or pipes owned by the City of Corpus Christi or holders of any franchise from the City by reason of the construction or operation of said track or spur and the maintenance thereof. Grantee will apply to the Director of Engineering and Physical Development for a permit before disturbing any part of any street or side- walk area and perform the work in accordance with the permit and all City ordinances applicable. 6. All rights granted hereby shall be subordinate to all uses as the City may make of such street for public purposes. a. Grantee shall adjust as necessary the above described track or spur, if necessary, for the construction 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, at the points above described. b. Grantee shall maintain the riding surface between tracks and to a point two feet either side of tracks to the satisfaction and demand of the City, who shall have the right to require crossing material of any type when, in the City's opinion, such is necessary. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the ' day of , 1976. -2- ATTEST: City Secretary APPROVED: DAY OF , 1976: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney CITY OF CORPUS CHRISTI By. R. Marvin Townsend City Manager. 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 considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1976. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of , 1976, by Texas Mexican Railway Company, and said railway company agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of the same. ATTEST: TEXAS MEXICAN RAILWAY COMPANY Secretary -3- By.. ..... ... THE STATE OF TEXAS COUNTY OF WEBB X BEFORE ME, the undersigned authority, on this day personally appeared " ' , of Texas Mexican Railway Company, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that the same was the action of said corporation, and that he executed the same as the action of such corporation, for the purposes and consideration therein expressed and in the capacity therein stated., GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of . 1976. Notary Public in and for Webb County, Texas SOUTHVIE'-V DR. -111111-1111slillk O STATE HIGHWAY NO. 44 (A Cr?4 9 -r, Gr) I Scale: I"= 20s LOT BLOCK 11 J.C. RUSSELL FARM BLOCKS r:::: x H) 1T A Al 'ex-Mex R.R. Spur G of tt BE vlu 1131111211 Z, V m it -11 3; 33 jou" -,3 A 14 'r. Or SOUTHVIE'-V DR. -111111-1111slillk O STATE HIGHWAY NO. 44 (A Cr?4 9 -r, Gr) I Scale: I"= 20s LOT BLOCK 11 J.C. RUSSELL FARM BLOCKS r:::: x H) 1T A Al 'ex-Mex R.R. Spur G of tt BE CORPUS CHRISTI TEX <" 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 SUSPEN- SION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR TH CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL Ill BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE .C/