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Home My WebLink About16189 ORD - 04/15/1981jkh:4-15-81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT GRANTING TO T. E. BEACH, G. M. BEACH AND B. A. BEACH, OWNERS OF BLOCK 60, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, PROVIDING FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY OF LEOPARD, SAM RANKIN AND NORTH ALAMEDA STREETS OF AN EXISTING MASONRY BUILDING AN AVERAGE OF 4 INCHES AND TO PERMIT AN 8 -FOOT WIDE OVER- HANG INTO THE RIGHT OF WAY AND ABOVE THE SIDEWALK, 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, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a revocable easement to T. E. Beach, G. M. Beach and B. A. Beach, owners of Block 60, Beach Portion of the City of Corpus Christi, providing for encroachment into the public right of way of Leopard, Sam Rankin and North Alameda Streets of an existing masonry building an average of 4 inches, and to permit an 8 -foot wide overhang into the right of way and above the side- walk, all as more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, markedExhibit A. SECTION 2. The necessity to execute the aforesaid revocable ease- ment at the earliest practicable date creates a public emergency and an impera- tive 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 'S day of April, 1981. ATTEST: Cl Secretary APPROVED: .4�DAY OF APRIL, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City ,j/r.rney MAYO THE CITY OF CORPUS CHRISTI, TEXAS i4=.i89 AfJCROFJLMED 'SEP 27 084 REVOCABLE EASEMENT THE STATE OF TEXAS 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 One Hundred Dollars ($100.00) to it in hand paid by T. E. Beach, G. M. Beach and B. A. Beach, 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 T. E. Beach, G. M. Beach and B. A. Beach the right to encroach onto a portion of the Leopard Street and Sam Rankin Street right-of-way by a portion of an existing masonry building and an existing sidewalk roof overhang, and to further encroach into the public rights - of way of North Alameda Street and Sam Rankin Street with masonry buildings and roof.overhangs, said improvements being in existence at the date of this instrument on Lots 2, 6, 7 through 10 and the west 28.55 feet of Lot 11, Block 60, Bluff Portion as filed in Volume A, Page 3, Map Records of Nueces County, Texas, to include replats of said property to the date of this instrument, with said encroach- ments further being shown on the attached survey dated March 25, 1981 and further described as Exhibit "A". TO HAVE AND TO HOLD the same unto T. E. Beach; G. M. Beach and B. A. Beach, their successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the herein described rights-of-way forthepurpose of maintaining said building overhang and 'building encroachments, 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 existence of and maintenance of said roof or building overhang and building encroachments. 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 L. W" sidewalks, utility lines, or other uses, or the maintenance thereof, nor will signs of any type be installed on the building or roof overhang. D. This easement grant will automatically terminate in the event the building on the herein described property is demolished. The right for the roof overhang to continue to remain in service in Leopard Street and Sam Rankin Street is granted, except as provided for in Section A above, as long as the overhang is determined to be structurally sound and safe. Grantee shall provide the Building Official of the City of Corpus Christi a certification from a qualified structural engineer, to include a thorough inspection,that the roof overhang at Leopard Street and Sam Rankin Street is structurally sound and meets existing building code criteria for structural loading. This certification, if not provided within ninety (90) calendar days of date of this instrument, will cause this easement grant to be voided and herewith cancelled. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1981. ATTEST: CITY OF CORPUS CHRISTI APPROVED: By: City Secretary R. Marvin Townsend, City Manager, P l 0 , 1981 APPROVED: r C Cf1 C16__Au Assistant'City Attorney James K. Lantos, P.E. Assistant 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 , 1981. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of 1981, by T. E. Beach, G. M. Beach and B. A. Beach, and said Grantees agree to keep and perform the conditions imposed by said grant and easement and are bound by all of the:terms of the same. T. E. BEACH G. M. BEACH B.'A. BEACH • . 1 6 ri.atc.,. 6 Al irt: { • co. Wecord.c1 42 Meds,) • (42 2 7 REP V 0 LUME AT LEOPARD . • A :Ls, • •• - : •-•• ,. 42.85 Recorded (4-2. 86' Meas,) • ' • . . • 60, BLUFF , . • COUNTY, • •' • ' , . , ' ,•( , ' . , r• a 11 i • Z Z.85' , • • ' 42. 85 co d44 -.- (42.8 r Me.)as - . . . , • • , . ' , '„ PORTION •, DEED ' -,' R EC , . TEXAS '•••• •' ': . . , •• : • i , - . • , . ., . . t , 2 'f''s!t';:' f. - • ,:',":1•7,, (2-8'.55 teleni-1: , .. 44 4.' 'i ' '''' i . - • •44 85 Rcz.corded 86' Meas) . - BLOCK W, PAGE'575 :CES , *, ', • . . . . , , . „ _ , .. . • , . , .., ,,, ,,, 1:: . - „,„ 4:. ,, '...V.ik,,,s ''••• • .. DRDS.V'"` '"•,.- , , - • 1.- ..... ' '4." . 1:., , :„-- - , .,,, • 4 • . ': .. "•:,' ''; . ,I „ 1 •_... k''.el -..•,'Ar;•,/ ..,...,...A., ‘ 1:1•!,•,„ •:, Irrii r-..,!.,7is.,,, ",••‘1,-ic.i* ‘.., I n iht, f......'''' ' ••A•A,. .. •41,.• ki •••s ..: , t •-,!,:. kv- .. .., '14 14 , ''tirs Corpus Christi, Texas 1S day of, 19 R 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 was Luther Jones Edward L. Sample Dr. Jack Best Jack K-. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky Respectfully, MAYO THE CITY OF CORPUS CHRISTI, TEXAS suspended by the following vote: passed by the following vote: 1f189