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HomeMy WebLinkAbout16187 ORD - 04/08/1981AN ORDINANCE CLOSING A PORTION OF TWIGG STREET BETWEEN WATER STREET AND NORTH SHORELINE BOULEVARD ABUTTING LOTS 1 AND 12, WATER BLOCK 9, WATER BEACH ADDITION, SUBJECT TO EXECUTION OF AN AGREEMENT BY HERSHEY HARBOR HOTEL, LTD., TO CON- STRUCT CERTAIN STREET SIDEWALK AND LANDSCAPING IMPROVEMENTS AND TO MAINTAIN CERTAIN AREAS SO LONG AS SAID PORTION OF TWIGG STREET REMAINS CLOSED, INDEMNIFYING AND HOLDING THE CITY HARMLESS, AND GRANTING TO SAID HOTEL A SIXTY -YEAR EASEMENT, ALL AS MORE FULLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of a portion of Twigg Street, situated in the City of Corpus Christi, Nueces County, Texas, was given by publication and mailed to the last known address of the owners of property abutting said street and within 450 feet of area to be closed and therafter, pursuant to said notice, public hearing was held at regular Council meeting of the City Council of the City of Corpus Christi on Wednesday, March 25, 1981, in accordance with the provisions of the City Char- ter; and it was determined by the City Council after such hearing that such clos- ing would greatly contribute to the safety of the public at large by facilitating traffic flow and by separating pedestrian from vehicular traffic, and that it would best serve the public convenience and necessity to close the portion of Twigg Street more fully described hereinafter: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following descrihed portion of Twigg Street between Water Street and North Shoreline Boulevard abutting Lots 1 and 12, Water Block 9, Water Beach Addition, situated in the City of Corpus Christi, Nueces County, Texas, as shown in Exhibit A attached hereto and made a part hereof, be and the same is hereby closed as to vehicles only: A portion of Twigg Street adjoining the South property line of Water Block 9, Corpus Christi, Nueces County, Texas: BEGINNING at the Southwest corner of said Water Block 9 for the Northwest corner of this tract; THENCE along the South boundary of said Water Block 9 and the North boundary of Twigg Street, North 78°45'E, 320.00 feet to the Southeast corner of said Water Block 9, for the Northeast corner of this tract; THENCE South 11°15'E, along the southerly extension of the East boundary of said Water Block 9, 73.67 feet for the Southeast corner of this tract; MICROFILMED SEP 2 71984 • THENCE North 89°50'W., parallel to the North boundary of Water Block 8 which is also the South boundary of Twigg Street, 60 feet northerly therefrom measured at right angles thereto, 326.08 feet to a point on the southerly extension of the West boundary of said Water Block 9, for the Southwest corner of this tract; THENCE North 11°15'W. along the southerly extension of the West boundary of said Water Block 9, 10.99 feet to the PLACE OF BEGINNING containing 13,545.60 square feet of land. Said closing of the above described portion of Twigg Street to be subject' to the owners of the abutting property, presently Hershey Harbor Hotel, Ltd, execu- ting and complying with the terms of an easement agreement, a substantial copy of which is attached hereto as Exhibit 1, obligating such owner to diligently proceed to construct certain street, sidewalk and landscaping improvements and to maintain certain areas at said owner's sole expense, and indemnifying and holding the City harmless from all liability whatsoever in connection with the said premises or said owner's use of said premises, not the result of the negligence of the City, its agents or employees, and the granting by the City to said owner a sixty -year easement for a sign, fountain, and other improvements set forth in said easement agreement, to be used solely by said owner to identify the hotel to be constructed on the above described abutting property and to maintain said sign and other im- provements and to supply said sign with an electrical power source. SECTION 2, If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitu- tional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provi- sion of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. The fact that the public convenience and necessity would be better served by the closing of the hereinabove described portions of Twigg Street 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 `� day of Q _S), , 1981. ATTEST: City Secretary MAYO APPROVED: 2 -‘44 -DAY OF 1%i , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assi ant City Attorney THE CITY OF CORPUS CHRISTI, TEXAS AN EASEMENT AGREEMENT THE STATE OF TEXAS 0 COUNTY OF NUECES 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 ten dollars to it in hand paid by Hershey Harbor Hotel, Ltd., a Texas Limited Partnership, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, and far the further consideration as specifically set forth herein, have granted, and by these presents does grant for a period of sixty years from the date hereof, upon the conditions hereinafter stated, unto the said Hershey Harbor Hotel, Ltd., the right to install and maintain a sign, fountain, and other improvements, for the purpose of identifying and directing customer traffic to the soon to he constructed hotel on abutting premises, on property owned by the City which formerly constituted that portion of Twigg Street between Water Street and North Shoreline Boulevard abutting Lots 1 and 12, Water Block 9, Water Beach Addition, in the City of Corpus Christi, Nueces County, Texas, described in Ordinance No. , and contained in the map attached hereto as Exhibit A, together with the right to install and maintain an underground electrical power conduit to said sign. To have and to hold the same unto Hershey Harbor Hotel, Ltd., its successors and assigns, together with the right and privilege under the condi- tions and -terms hereof, at any and all times to enter upon the above described premises for the purpose of maintaining said sign, fountain, and other improve- ments, and it is further understood that the foregoing easement and right is granted upon the following conditions and considerations: 1. It is understood and agreed that the easement granted may be revoked if Hotel or its successors and assigns should ever use said sign, fountain, and other improvements, or any portion thereof, for any purpose other than those purposes herein detailed by said Hotel, or successor hotel on the prospective hotel site. 2. Said sign, fountain, and other improvements shall be placed in compliance with the plans and specifications only after prior approval by the City's Building Division, which will inspect this work during the construction period. Said sign shall be placed in compliance with the sign characteristics, including square footage limitations, permitted within B-2 zoning district as described in the City of Corpus Christi's Zoning Ordinance, as amended. In addition, if illuminated, said sign shall be non -flashing and shall be either internally illuminated or backlighted. Said sign, fountain and other structures shall be set back at least twenty (20) feet from those curbs to be constructed by Hotel pursuant to this agreement and which curbs will front on the north side of Twigg Street. 3. Hotel 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 sign or underground electrical power conduit or the maintenance or existence thereof. 4, Hotel shall diligently proceed to construct, in conjunction with the hotel construction, certain street, sidewalk, driveways, curbs and land- scaping improvements, including traffic control islands, within and without the premises described in Ordinance No., and adequate pedestrian walkways along Twigg, Shoreline, Mann and Water Streets, specifically set forth in a detailed site plan to be submitted by Hotel to the City's Director of Traffic and Transit for approval, which approval shall be -required prior to beginning construction of any such improvements. Said improvements shall be constructed solely at the expense of Hotel in accordance with City standards and specifications; and it is further expressly understood and agreed that it shall be the obligation of Hotel to preserve and maintain all driveways and streets in the entire area of each of the traffic islands within the curb lines where portions of the traffic islands -may lie within the public right- of-way outside the closed portion of Twigg Street and to preserve and maintain all pedestrian ways within the premises described in Orinance No. , all of which shall constitute specific consideration to be given by Hotel in ex- change for this easement and the specific rights granted to Hotel herein. 5. Hotel shall save and hold City of Corpus Christi harmless from all liability whatsoever in connection with any and all injuries, death or property damage arising out of the condition of the premises described in Ordinance No. for the owner's use of said premises, or the condition of the improvements constructed or to be constructed and maintained by Hotel as described above, not _„_, theF result of the_ negl_iaence of_ the,Citts.,agents and employees... Note1 _shall_ __„ also reimburse, as necessary, City for the amount of any damage to City's utility - 2 - lines, fixtures or equipment beneath the surface of the premises described in Ordi- nance No. caused by Hotel's use, enjoyment or maintenance of such premises. 6. The use of said area hereby granted shall in no way interfere with the operation and maintenance by the City, or others, of existing underground lines, cables, conduits, etc., located within any existing easements granted by or to the City. City shall have the right to require removal of all or a portion of the sign or electrical power conduit if interference is shown. Further, the right of the public for the pedestrian use of the area covered by this easement shall in no way be denied or restricted by Grantee. City agrees that any future easements, use privileges or leases of this property during the term hereof shall be subordinate to this easement granted herein. Except for the improvements provided for herein, City shall not permit or cause to be constructed upon the above described premises including the entire area of each of the traffic islands within the curb lines where portions of the traffic islands may lie within the public right-of—way outside the closed portion of Twigg Street, any signs, struc- tures or improvements, other than those necessary for traffic flow and control. 7. All applicable laws and ordinances shall be complied with and the necessary building permits shall be secured from the City. 8. Grantee will repair or cause to be repaired any damage to any street, curb, storm sewer, drainage facility, underground lines, wires, or pipes owned by the City of Corpus Christi, or holders of any franchise from the City, by reason of the construction of said sign and underground electrical. power conduit and the maintenance thereof. 9. Except as otherwise provided herein, all rights granted hereby shall - be subordinate to all uses as the City may make of the street right-of-way for public purposes. A. Grantee shall not interfere with traffic in any manner without first obtaining approval of the City Traffic Engineer. B. No work shall be started before proper permit has been obtained from the City Building Division. 10. It is understood and agreed that the easement granted may be revoked if Hotel or its successors or assigns should ever fail to comply with the obligations set forth herein. 3 IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of ATTEST: , 1981. CITY OF CORPUS CHRISTI By City Secretary A. Marvin Townsend, City Manager APPROVED: DAY OF APRIL, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 4 of 4 (Twigg Street Easement) 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 and deed of the City of Corpus Christi and the City Manager thereof for the purposes and considera— tions therein expressed. GIVEN under my hand and seal of office this the day of 1981. Notary Public in and for Nueces County, Texas The_above granted easement is hereby accepted this the day of , 1981, by Hershey Harbor Hotel, Ltd., a Texas Limited Partner— ship, and said Hershey Harbor Hotel, Ltd., agrees to keep and perform the condi— tions imposed by said granted easement and that it is bound by all of the terms of same. THE STATE OF TEXAS 1 HERSHEY HARBOR HOTEL, LTD_ by WALLACE & WALLACE, GENERAL PARTNER By Robert B. Wallace, Jr_, Partner COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Robert B. Wallace, Jr., a partner of Wallace & Wallace, a general partner. _ of Hershey Harbor Hotel, Ltd., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me.that he executed the same for the purposes and consideration therein expressed as the act and deed of said partnership 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 Corpus Christi, Texas day of t L1,,;,j2. , 19 I 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 CIT OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Lo Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner -%1 - Cliff Zarsky„Qa Q JL aktt 1fI.R7 •••• , . - - - - • \\*•••... - • . • Ft - • MANN STREET • •• TWO vat - • ., • ' HERSHEY HARBOR HOTEL - _SITE DEVELOPMENT 771: - • o 1d2d ' od - • - " •-• •