HomeMy WebLinkAbout15921 ORD - 11/26/1980jkh:11-26-80;lst
TEXAS:
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO TERSH BAKER TO PERMIT
THE SAID TERSH BAKER THE RIGHT TO OCCUPY AND USE A PORTION.
OF THE PUBLIC RIGHT-OF-WAY ALONG THE SIDE OF ARNIM STREET
FROM OLEANDER STREET TO MELROSE STREET ALONGSIDE LOT 6,
BLOCK 7, BESSAR PARK, 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 k
DECLARING AN EMERGENCY.
BE IT
• r
ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI;
SECTION 1. That the City Manager be and he is hereby,authorized .
toezecute a revocable easement to Tersh Baker. to permit the said Tersh
Baker the right to occupy and use,a portion of the public`right-of-way along
the side of Arnim Street from Oleander Street to Melrose'Street alongside
• Q
• Lot 6, Block 7, Bessar;Park; all as more fully set forth in the revocable
'easement,'a.substanial copy of which is attached hereto and made a part
hereof,'marked Exhibit "A'. .
•• Kb
SECTION 2: The necessity td execute the aforesaid
easement at the earliest practicable date creates a public emergency and
;,.• an imperative public. necessity requiring the suspension of the Charter rule
revocable
thaeno ordinance or resolution s1ia11 be passed finally on the date of its
introduction -but that such ordinance, or.rresol,ution shall be read at three
several meetings of the City Council land the Mayor, having,declared that
such emergency and necessity exist, having requested the suspension of the,
•..
} may: • .y: .' ' , f. • ` u .
Charter rule and that this ordinance be Fassed-'final?ly',on'the.date of its
intrbduction-and take effect and>Fbee;inafu11' force and effect.from
�, its passage, IT IS ACCORDINGLY 50.ORDAINED; this the 26th day of
1980.
ATTEST:
' City Secretary
(pAY OF NOVEMBER, 1980:'
J. BRUCE AYCOCK, CITY ATTORNEY
and after
November,
By
0 ,•
• TH CITY•:OF CORPUS CHRISTI, TEXAS
City.Attorn
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SSP 2 7 1994
THE STATE• OF TEXAS X ,
COUNTY OF NUECES X
REVOCABLE EASEMENT
KNOW ALL. MEN THESE PRESENTS:
THAT the City of Corpus Christi, acting by and through its duly authorized
City Manager, R. Marvin Townsend, 'far and in consideration of the sum of One Hundred
Dollars ($100.00) to it in hand paid by Tersh Baker 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 grdnt, sell and convey, upon the conditions
= hereinafter stated, unto .Tersh-Baker'the right•to occupy and use'a portion of the
public right-of-way along the side,of,Arnim Street from Oleander Street to Melrose
Street alongside Lot 6, Block 7, Sesser Park.in substantial compliance with the
sketch attached hereto titled Exhibit A. _
TO HAVE AND TO HOLD •the same unto Tersh Baker, his successors and assigns,
together with the right and privilege under the conditions and terms hereof, at any
and all time; to enter upon the herein described'right-of-way for the sole purpose
of erecting and. maintaining a privacy fence of a maximum height of six feet, 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 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 existence of, use
of and maintenance of the fence within said area.
C-. That the use of said Area hereby granted shall in no way interfere •
with the operation by the City, of any other company holding avalidfranchise from
the City, of any utility lines therein over or under said Area, or the maintenance
thereof.
.D. Grantee will maintain said fence in good condition and will '
• prohibit the placing of signs of all types on said fence.
4
IN TESTIMONY WHEREOF, the City of Corpus Christi 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
THE STATE OF TEXAS X
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 the day of
, 1980.
Notary Public in and for Nueces County, Texas
APPROVED: , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
The above grant and easement is hereby accepted this the day of
, 1980, by Tersh Baker and said Grantee agrees to keep and
perform the conditions imposed by said grant and easement and it is bound by all of
the terms of the same.
ATTEST:
Secretary Tersh Baker
THE STATE OF TEXAS X
COUNTY OF NUECES
X
BEFORE ME, the undersigned authority, on this day personally appeared
TERSH BAKER, known to me to be the person who signed the above instrument and he
acknowledged to me that the same was executed for the purposes and consideration
therein expressed, and in the capacity in
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1980.
Notary Public in and for Nueces County, Texas
Page 2
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EXHIBIT- `;d1
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Corpus Christi as
24 day of
, 19g0
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 pass _ by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
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