The URL can be used to link to this page

Home My WebLink About16287 ORD - 06/03/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING E. H. MOORE HOMES, INC., AND J -R BUILDERS, INC., DEVELOPERS OF BRECKENRIDGE SUBDIVI- SION, PERMISSION TO CONSTRUCT AND MAINTAIN A MEDIAN ISLAND AND SUBDIVISION ENTRANCE SIGN, PROVIDING FOR MAINTENANCE OF THE SAME, AND PROVIDING FOR THE ISLAND AND SIGN TO BE REMOVED IN FIVE YEARS, A SUB- STANTIAL COPY OF WHICH REVOCABLE EASEMENT IS ATTACH- ED 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, granting to E. H. Moore Homes, Inc., and J -R Builders, Inc., developers of Breckenridge Subdivision, permission to construct and maintain a median island and subdivision entrance sign, pro- viding for maintenance of the same, and providing for the removal of the island and sign in five years, 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. The necessity to authorize execution of the aforesaid revocable easement in order that the project may be completed at the earliest practicable date creates an imperative public necessity requiring the sus- pension 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 or Council members, 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 3.44 day of June, 1981. ATTEST: City Secretary MAYOR APPROVED 3 DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci torney 1,6287 / 4 E CIT OF CORPUS CHRISTI, TEXAS MICROFILMED 'SEP 27 QQa4 REVOCABLE EASEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This Revocable Easement is authorized by Ordinance No. and entered into between the City of Corpus Christi hereinafter called "CITY" acting by and through its duly authorized City Manager, R. Marvin Townsend and J -R Builders, Inc., a Texas corporation, and E. H. Moore Homes, Inc., a Texas corporation, hereinafter called "DEVELOPER." WHEREAS, Developer is developing a residential area known as BRECKENRIDGE SUBDIVISION, and desires to construct a distinctive entrance marker for the subdivision with the dedicated street right of way of Sierra Blanca Blvd. and Everhart Rd. as shown in Exhibit "A", attached hereto and made a part hereof, and WHEREAS, the "CITY" desires to assure the use of the street right of way for the purposes intended, that being for the safe and efficient movement of vehicu- lar and pedestrian traffic; NOW THEREFORE the City and Developer agree as follows: 1. The City grants Developer permission to temporarily construct a median island and entrance marker sign as shown on Exhibit "A" attached hereto and made a part hereof. 2. The Developer -shall maintain in good condition the median island (including concrete curbing), entrance markers, and the surface area of the island. The developer shall grade, mow, plant, landscape, irrigate, and/or otherwise assume full responsibility for the care and preservation of planting materials of all types which may be placed in the islands by the Developer, to include a regular maintenance program. Entrance markers and planting materials shall in no way interfere with the required sight distance of the intersection. 3. In anticipation of the need to improve and increase the capacity of the intersection, in the future, by the addition of a left turn lane, the median island and entrance marker will be a hinderance to said improvement. Therefore, permission for placement of said median island and entrance marker within the street right of way shall be revoked five (5) years from and after the date of execution of this Conveyance and Agreement. The Developer agrees to remove the median island and entrance marker and to construct pavement within the area of the island of the same cross-section as the surrounding pavement. This work t_ /04 shall be accomplished within thirty (30) days prior to the expiration of this agreement. 4. The Developer shall advise the future owners of lots within the Crosagate subdivision of the temporary nature of the median island and entrance marker by an appropriate statement in the deed restrictions for said subdivision, or on the recorded plat of the subdivision. 5. All right granted hereby shall be subordinate to all uses the City may make of such street right of way for public purposes. 6. Developer will save and keep harmless the City of Corpus Christi from I any and all claims for liability by reason of the existance of the island or entrance signs. 7. This Conveyance and 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 from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original, this day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager THE STATE OF TEXAS j COUNTY OF NUECES X APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorne Approved Depart ent Head BEFORE ME, the undersigned authority, o is day personally appeared R. MARVIN TOWNSEND, known to me to be the City anager of the CITY OF CORPUS CHRISTI, TEXAS, and the same person who signed the foregoing instruments 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 considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for Nueces County, Texas The above and foregoing Grant and Easement is hereby accepted this the day of , 19, by J -R Builders, Inc., and E.H. Moore Homes, Inc., a partnership, and said Developer agrees to keep and perform the condi- tions imposed by said grant and easement and said J -R Builders, Inc., and E.H. Moore Homes, Inc. is bound by all of the terms of the same. THE STATE OF TEXAS X COUNTY OF NUECES x J -R BUILDERS, INC. By: James R. Ewing, President E. H. MOORE HOMES, INC. By: E. H. Moore, President BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1981. Notary Public in and for Nueces County, Texas Page No. 3, REVOCABLE EASEMENT - BRECKENRIDGE SUBDIVISION LOT. 3'1 BLOCK 3 LOT 49 SI.OGK •i I ACI, APIs EXHI6IT �A VEK DATE DESCRIPTION 6l EaA ENOINEERIN3 CORM) i CHRISTI, TEXAS CURB LAYOUT 'FOR ENTRANCE SIGN ISLAND BRECKENRIDGE UNIT 1 CORPUS CHRISTI, TEXAS _a,..R ms'_s_aatr '' • I2' Boa*a t 2 r Corpus Christi, Te o�A4 day of , 19P/ 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Council Members Respectfully, The City of Corpus Christi, Texas The Charter rule was suspended by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: by t e following vote: je 1628'7