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Home My WebLink About16046 ORD - 02/18/1981vp:2/16/81:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER, TO EXECUTE AN EASEMENT GRANT, RELEASE AND HOLD HARMLESS AGREEMENT WITH THE OWNERS OF THE GULFWAY SHOPPING CENTER PROVIDING FOR CONSTRUCTION OF A TEMPORARY ROADWAY ON THE PROPERTY ADJACENT TO THE CENTER TO PROVIDE ACCESS AND FACILITATE TRAFFIC MOVEMENT DURING THE CONSTRUCTION OF McARDLE ROAD, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO,,MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $1,200 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-3, McARDLE ROAD, AIRLINE TO MT. VERNON PARK; 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 authorized to execute an Easement Grant, Release and Hold Harmless Agreement with the owners of the Gulfway Shopping Center providing for construction of a temporary roadway on the property adjacent to the center to provide access and facilitate traffic movement during the construction of McArdle Road, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. That there is hereby appropriated $1,200 out of the No. 220 Street Bond Fund, applicable to Project No. 220-72-3, McArdle Road, Airline to Mt. Vernon Park. SECTION 3. The necessity to authorize execution of the aforesaid Easement Grant, Release and Hold Harmless Agreement 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 1 b day of February, 1980. ATTEST: Ci ecretary 4 d APPROVED: /7 DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci27' Forney is MAY THE CITY OF CORPUS CHRISTI, TEXAS 10046 '? FILMED IS€P 7 iya41 4 EASEMENT GRANT, RELEASE AND HOLD HARMLESS AGREEMENT STATE OF TEXAS 1 COUNTY OF NUECES THIS AGREEMENT, made this 9th day of February , 1981. by and between the City of Corpus Christi, hereinafter called the "City" and owners of Gulfway Shopping Center, a partnership hereinafter called "Owners", and pertains to the construction of a temporary roadway and use of temporary construction easement on Gulfway Shopping Center property adjacent to McArdle Road. WITNESSETH WHEREAS: Both the City of Corpus Christi and the Texas State Department of Highways and Public Transportation plan the reconstruction of McArdle Road from Holmes Drive to Crescent Drive, and WHEREAS: Said reconstruction of McArdle Road is scheduled to begin during the first' -quarter of the 1981 calendar year, and WHEREAS: Said reconstruction alongside the Gulfway Shopping Center will seriously affect ingress and egress to McArdle Road and the Shopping Center, and WHEREAS: The construction of a temporary roadway near McArdle Road and inside Gulfway Shopping Center property will improve public ingress and egress as well as general vehicular circulation within and around the Shopping Center. NOW THEREFORE, LET IT BE RESOLVED 1. The City will construct, with City forces and at -City cost, a temporary roadway on Gulfway Shopping Center property at the location shown on the attached EXHIBIT "A".. 2. Said roadway to be constructed prior to excavation operations in McArdle Road as part of the reconstruc- tion of McArdle Road by the City and the State Department of Highways and Public Transportation. - 3. Owners will permit City equipment on the Shopping Center property for purposes of building the temporary roadway, and for purposes of performing utility related work in McArdle Road. Easement Grant, Release and Hold Harmless Agreement Page 1 of 3 4. Owners will grant and do hereby grant an easement for said temporary roadway, for its construction, use and operation. Said temporary roadway easement to be 20 feet wide and at the location shown on attached EXHIBIT "A" and centered on the roadway as constructed. This easement shall extend through June 30, 1981, or until the roadway is removed, and the roadway shall be kept repaired by the City until it is removed. 5. Owners will also grant an approximate 40' x 200' temporary construction easement at the McArdle Road right-of-way line, as shown on attached EXHIBIT "A" for City utility forces temporary storage and ground use, such total use not to exceed a period of six weeks from January 19, 1981. 6. The City will pay Owners the sum of TWELVE HUNDRED DOLLARS ($1200.00) for the combined temporary roadway and temporary construction easement as herein described, and for the purposes indicated. 7. Owners, in consideration of the above sum and the roadway construction, hereby release, discharge and hold harmless the City of Corpus Christi and the State Department of Highways and Public Transportation, their agents and assigns and all others who may be liable for any claims, present and future, known and unknown, in any manner, arising out of the construction of the temporary roadway and use of said temporary roadway, or said temporary construction easement. This release shall in no way release the City or the State Department of Highways and Public Transportation, its agents or assigns, or any other person from a cause of action for negligence arising out of the use of said temporary roadway. This release and hold harmless agreement will remain in force beginning during initial caastruction of the temporary roadway and until such time as the roadway is removed. Such time is _ estimated to be less than six (6) months from date of this instrument. 8. Construction of the temporary roadway will begin within the first•ninety (90) calendar days of 1981. Owner will provide pipe in gutters to facilitate flow of water and will build asphalt ramp for access to roadway. Owners will remove pipe in gutters and asphalt ramp concurrently with removal of the temporary roadway. The City will remove the temporary roadway at such time as McArdle Road alongside the Gulfway Shopping Center is reconstructed and a minimum of one way traffic each direction is restored on the reconstructed section. Removal of the roadway is anticipated within the second six (6) months of calendar year 1981. THIS AGREEMENT shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. WITNESS this day of , 1981. GULFWAY SHOPPING CENTER, a partnership Easement Grant, Release and Hold Harmless Agreement Page 2 of 3 ATTEST: City Secretary APPROVED:/ / 0 day of ;44441_____ __ , 1981 J. BRUCE AYCOCK, CITY AT By Assistan C .7` Attorney APPROVED: (Department Head) a CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager Easement Grant, Release and Hold Harmless Agreement Page 3 of 3 L. chNtCiO = PR/YE /N 8,44/K y FAc/Ur/es Cl r I 1 b 1 1 il N /8o'= 0 ro • — _ zoo 'f GULI VAY s/aaPP/4VG CwNTET2 DA/RY QUEEN•-\ £'X/sr/Nb P,4 h'/Nrj LOT . Z 'E,aseM 'Nr 3 cRo /8' /'COU'$ $afirAce TREATMENT • CoNPAcreo $agGRADB 5ecT/ON A -A �'4•AL/c/ M`AROLe Ro4O A /ND/e4r&s ? 6fPORe4RY GoNsrRaer/eN Egse/tiWwr —8o00 SF. 1/47/71.7 oP 7'4fP4 ,4.Y/2f 8Da S.P. ,e44,711/AYF4sEMEMr . �_ CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 12, 1981 I certify to the City Council that $ 1,200 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No. 220-72-3 Project Name McArdle Road, Airline to Mt. Vernon Park from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Corpus Christi, Texas /9 day of 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, MAYO THE CI Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspend d by the following vote: Luther Jones ' ¢J Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr.. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky ' by the following vote: 16016