HomeMy WebLinkAbout16119 ORD - 03/19/1981jkh:3-18-81;lst
TEXAS:
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO ISRAEL GOLTZMAN FOR
CONSTRUCTION OF A BUILDING OVERHANG APPROXIMATELY 10 FEET
ABOVE A PUBLIC SIDEWALK ACROSS 50 FEET OF THE CHAPARRAL
STREET FRONTAGE AND 23 FEET OF THE STARR STREET FRONTAGE
OF THE ALAMO LOAN AND JEWELRY COMPANY LOCATED AT CHAPARRAL
AND STARR STREETS IN THE DOWNTOWN AREA, 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 DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a revocable easement to Israel Goltzman for construction of a
building overhang approximately ten feet above a public sidewalk across 50 feet
of the Chaparral Street frontage and 23 feet of the Starr Street frontage of
the Alamo Loan and Jewelry Company, located at Chaparral and Starr Streets in
the downtown area, 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. That 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 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 if day of March, 1981.
ATTEST:
y Secretary MAYOR
APPROIED:
I$ DAY OF MARCH, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Asstant City Atisrney
16119
THE CITY OF CORPUS CHRISTI, TEXAS
AIMEiLmED
SEP 4 't ►yzi4
P27 ON
REVOCABLE EASEMENT
THE STATE OF TEXAS
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 Israel Goltzman, 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 Israel Goltzman, the right to install and maintain
an overhead building overhang approximately 10 feet above sidewalk level, in the
public right of way of Chaparral Street and Starr Street which abuts the property
known as Lot 1, Block 9, Beach Portion of the City of Corpus Christi, as recorded
in Volume A, Pages 2 and 3, Nueces County, Texas Map Records, located at 701 N. Chaparral
Street, as shown on the attached drawings marked EXHIBIT "A" and EXHIBIT "B".
TO HAVE AND TO HOLD the same unto Israel Goltzman, his successors and
assigns, togethei 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 building overhang, 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 upon the giving of 60 days notice in writing 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 installation, use of and
maintenance of said building overhang.
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 proposed sidewalks,
utility lines, or other uses, or the maintenance thereof, nor will signs of any type
be installed on the building overhang.
D. All applicable State laws and City ordinances shall be complied with
and the necessary Building Permit shall be. secured from the City.
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LN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the
ATTEST:
day of , 1981.
CITY OF CORPUS CHRISTI
By
City Secretary
APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY
, 1981
Assistant City Attorney
THE STATE OF TEXAS I
COUNTY OF NUECES )
R. Marvin Townsend, City Manager
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
, 1981.
Notary Public in and for Nueces Cobnty, Texas
The above grant and easement is hereby accepted this the day of
, 1981, by ISRAEL GOLTZMAN, 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.
By
Israel Goltzman
THE STATE OF TEXAS j
COUNTY OF NUECES I
BEFORE ME, the undersigned authority, on this day personally appeared
ISRAEL GOLTZMAN, known to me to be the person whose name is subscribed to rhe fore—
going instrument, and .acknowledged to -me that he executed,the same for the purposes
and consideration therein expressed as the act and deed of said corporation and in
the capacity stated.
Given under my hand and seal of office, this the day of
, 1981.
Notary Public in and for Nueces County, Texas
Revocable Easement
Lot 1, Block 9, Beach Portion
Page 2 of 2
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Corpus ChristiTexas
1? day of
, 19J/
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,
MAYOR
THE CI- OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
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:
16119