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
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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
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