HomeMy WebLinkAbout16464 ORD - 08/12/1981mb;8/11/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE
EASEMENT, GRANTING TUCKER PROPERTIES, DEVELOPERS OF
CROSSGATE SUBDIVISION, PERMISSION TO CONSTRUCT AND
MAINTAIN A MEDIAN ISLAND AND ENTRANCE SIGN IN GATE-
WAY DRIVE AT SOUTH STAPLES STREET, PROVIDING FOR
MAINTENANCE OF THE SAME, AND PROVIDING FOR THE ISLAND
AND SIGN TO BE REMOVED IN FIVE YEARS, A SUBSTANTIAL
COPY OF WHICH REVOCABLE EASEMENT 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, granting to Tucker Properties, developers
of Crossgate Subdivision, permission to construct and maintain a median
island and entrance sign in Gateway Drive at South Staples Street, provid-
ing 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. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need
for preserving public property by executing the above contract and expedit-
ing construction of necessary improvements, such finding of an emergency is
made and declared requiring suspension of the Charter rule as to considera-
tion and voting upon ordinnces or resolutions at three regular meetings so
that this ordinance is passed and shall take effect upon first reading as
an emergency measure this ta% day of August, 1981.
ATTEST:
City Secretary
APPROVED: /DAY OF AUGUST, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
MA
THE CITY OF CORPUS CHRISTI, TEXAS
11464
M! OF LMED
SEP Zi MIA
REVOCABLE EASEMENT
THE STATE OF TEXAS Z
COUNTY OF NUECES X
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This Revocable Easement is authorized by Ordinance No.
and is entered into between the City of Corpus Christi hereinafter called
"CITY" acting by and through its duly authorized City Manager, R. Marvin
Townsend, and Tucker Properties, a partnership, hereinafter called "DEVELOPER."
WHEREAS, Tucker Properties, being the developer of a residential area
known as CROSSGATE SUBDIVISION, desires to construct a distinctive entrance
marker for the subdivision with the dedicated street right of way of
Gateway Drive near South Staples Street 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 vehicular 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
shall be accomplished within thirty (30) days prior to the expiration of this
agreement.
CidY--1.79•'
4. The Developer shall advise the future owners of lots within the
Crossgate 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
any and all claims for liability by reason of the existence 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.
ATTEST:
EXECUTED IN DUPLICATE this the day of , 1981.
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend
7.601ED:City Manager
DAY OF AUGUST, 1981: APPROVE
BRUCE AYCOCK, CIS ATTORNEY is a Ci +'y an ger
By
THE STATE OF TEXAS
COUNTY OF NUECES j
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 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 ancrebbsiderations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
1981. day of
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Notary Public in and for Nueces County,Texas
The above and foregoing Grant and Easement is hereby accepted this the
day of , 19_, by Tucker Properties, a partnership,
and said Developer agrees to keep and perform the conditions imposed by said
grant and easement and said Tucker Properties is bound by all of the terms of
the same.
TUCKER PROPERTIES
By
(2) REVOCABLE EASEMENT - CROSSCATE SUBDIVISION
THE STATE OF TEXAS
COUNTY OF NUECES
X
X
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
(3) REVOCABLE EASEMENT - CROSSGATE SUBDIVISION
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ENTRANCE SIGN DETAIL
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Corpus Christi, Texas
day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in
he emergeny
an emergency exists requiring tsuspensioncofcthesCha terhrule asforegoing ordinance or resolution,
to consideration
upon ordinances or resolutions at three regular meetings; I/we, therefore, requestnthat tyou
suspend said Charter rule and pass this ordinance or resolution finally on the date it i�
introduced, or at the present meeting of the City Council.
Respectfully,
1981
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Counc Mem ers
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the follo ing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
.6464
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