HomeMy WebLinkAbout15713 ORD - 08/20/1980TO:
FROM:
THE CITY SECRETARY'S OFFICE
DATE:
BY
•
jkh:8-5-80;1st
•
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO DR. W. R. CLEAVES FOR
UTILIZATION OF A SMALL PORTION OF PUBLIC RIGHT-OF-WAY
AT HEINLEY AND MORGAN STREETS TO PROVIDE FOR THE CON-
TINUATION OF THE EXISTING HEAD -IN PARKING AT THE AFORE-
SAID LOCATION, A SUBSTANTIAL COPY OF WHICH REVOCABLE
EASEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That authorization is hereby given for grant of a
revocable easement to Dr. W. R. Cleaves for utilization of a small portion
of public right-of-way at Heinley and Morgan Streets which abuts property
known as Lot 7, Block 19, Segrest Addition, of the City of Corpus Christi,
as recorded in Volume 2, page 11, Nueces County, Texas Map Records, located
at 2202 Crews, 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 grant the revocable easement herein-
above described 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 that
such emergency and necessity 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 20 day of August,
1980.
ATTEST:
APPR VED:
24 DAY OF AUGUST, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CITY s CORPUS CHRISTI, TEXAS
15713
REVOCABLE EASEMENT
THE STATE OF TEXAS X
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 one hundred dollars, ($100.00) to it in hand paid by W. R. Cleaves, 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 W. R.
Cleaves, the right to install and maintain a parking lot, in the public right-
of-way of Heinley Street which abuts the property known as Lot 7, Block 19,
Segrest Addition of the City of Corpus Christi, as recorded in Volumn 2, page 11,
Nueces County, Texas Map Records, located at 2202 Crews, as shown on the attached
drawing marked EXHIBIT "A" and more particularly described in EXHIBIT "B."
TO HAVE AND TO HOLD the same unto W. R. Cleaves, its successors
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 parking lot, and 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 60 days' notice in writing by the City
of Corpus Christi.
B. That the Grantee will indemnify, save and keep harmless the City
of Corpus Christi, its officers, agents, and employees, from any and all claims
for liability whatsoever by reason of the installation, condition, use of and
maintenance of, access into and out of said parking lot.
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 pro-
posed sidewalks, utility lines, or other uses, or the maintenance thereof.
D. All applicable State laws and City ordinances shall be compiled
with and necessary Building Permit shall be secured from the City.
E. Cost of construction of said parking area will be solely at
Grantees expense and will be subject to City inspection and standards as
presecribed by the Director of Engineering and Physical Development.
IN TESTIMONY THEREOF, the City of Corpus Chrsiti has caused these
presents to be executed on this the day of , 1980.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: , 1980
Assistant City Attorney
THE STATE OF TEXAS 1
COUNTY OF NUECES x
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 day of
, 1980.
Notary Public in and for Nueces County, Texas
The above grant and easement is hereby accepted this the day
of , 1980, by W. R. CLEAVES, 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.
W. R. CLEAVES
THE STATE OF TEXAS 1 •
COUNTY OF NUECES 1
REFORE ME, the undersigned authority, on this day personally appeared
W. R. CLEAVES, know to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, and in the capacity of
Given under my hand and seal of office, this day of
, 1980.
Notary Public in and for Nueces County; Texas
-2-
AllkitJG (WE)
6
S. -Adams
'vas6!_eicA9/e 7E314/5
Z/itfir oF
PefrocAsz-e• Es/%477
135'
•••••••• amommi.,
ADD.•
•
'
•
It ;
BUSIME56
. • .
' 00.4""
!
W ..{ ' 2 •
/eCil,e0 • ••:, f•',;'
. • .
• ••
• 11.:
< , .• • , ,
•
° •••• ,
• •
•
• :
ASIMALT. • PARKING •
• /as'
13 11. GUTTER
HEINLEY
U)
tiJ
r
• '
o
si tot
\
0
wi 4.4
CUR V I
ASPHALT I. •
PARICINO • i
fp 0,41
. • a •
iilyh . •
. p•
' • /
4ci 6
... k 0. NI,„ ,, 1
•.
Being a tract of land out of the dedicated right-of-way of Heinley
Street and more particulary described by metes and bounds as follows:
BEGINNING at point being the intersection of Heinley Street and
Crews Street;
THENCE S. 61° 40' 00" E. along the centerline of Heinley Street a
distance of 57.0 feet to a point, said point being the beginning
point of the tract of land herein described;
THENCE S. 710 40' 00" E. along a line a distance of 10.0 feet to
a point;
THENCE S. 61° 40' 00" E. along a line a distance of 63.0 feet to
a point;
THENCE S. 88° 10' 00" E. along a line a distance of 18.0 feet to
a point;
THENCE S. 11° 40' 00" E. along a line a distance of 28.0 feet to
a point;
THENCE S. 28° 20' 00" W. along a line a distance of 19.0 feet to
a point, said point being on the northeast line of Lot 7, Block 19,
Segrest Addition Subdivision as shown by map of record Page 11,
Volume 2, Nueces County, Texas, Map Records;
THENCE N. 610 40' 00" W. along the northeast line of Lot 7 a distance
of 105.0 feet to a point;
THENCE N. 280 20' 00" E. along a line a distance of 30.0 feet to
the point of beginning and containing 0.0730 acres more or less.
EXHIBIT "B"
Corpus Christi, Texas
20 day of , 19/6
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
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
Respectfully,
MAYOR
THE ' TY OF CORPUS CHRISTI, TEXAS
was suspended by the following vote:
The above ordinance was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed
by
the following vote:
15713