HomeMy WebLinkAbout16568 ORD - 09/30/1981sp;9/28/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE
EASEMENT WITH CHARLES H. DECOU FOR THE CONSTRUCTION
OF A BUILDING OVERHANG APPROXIMATELY 9.0 FEET ABOVE
A PUBLIC SIDEWALK ACROSS 31 FEET OF THE CHAPARRAL
STREET FRONTAGE AND 32 FEET OF THE WILLIAMS STREET
FRONTAGE OF THE GREEN'S JEWELERS COMPANY LOCATED AT
CHAPARRAL AND WILLIAMS STREETS IN THE DOWNTOWN AREA,
ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASE-
MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERE-
TO 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,
TEXASt
SECTION 1. That the City Manager be and he is hereby authorized
to execute a revocable easement with Charles H. Decou for the construction
of a building overhang approximately 9.0 feet above a public sidewalk across
31 feet of the Chaparral Street frontage and 32 feet of the Williams Street
frontage of the Green's Jewelers Company located at Chaparral and Williams
Streets in the downtown area, 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 of
granting an easement so that the renovation of Green's Jewelers Company may
proceed in an orderly manner, such finding of an emergency is made and de-
clared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an er. :ncy
measure this AO day of September, 1981.
ATTEST:
1/
4Ia7
e a ry '���
AP
.{r,
DAY OF SEPTEMBER, 1981
J Bruce Aycock, Ci ;i Attorney
16568
R
THE"CITY OF CORPUS CHRISTI,TEXAS
MICROFILMED
SEP 2 71984
THE STATE OF TEXAS
COUNTY OF NUECES
1
X
REVOCABLE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
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 Charles H. Decou, of Corpus Christi, Nueces
County, Texas, 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 Charles H. Decou, the right to install and maintain
an overhead building overhang approximately 9 feet above sidewalk level, in the
public right of way of Chaparral Street and Williams Street which abuts the property
known as Lot 1, Block 13, Beach Portion of the City of Corpus Christi, as recorded
in Volume A, Pages 2 and 3, Nueces County, Texas Map Records, located at 301 North
Chaparral Street, as shown on the attached drawings marked EXHIBIT "A".
TO HAVE AND TO HOLD the same unto Charles H. Decou, his successors and
assigns, together with the right and privilege under the conditions and terms hereof,
at any and all times to enter upon the above described right of way for the purpose
of maintaining said building overhang, 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 installation, use of and
maintenance of said building overhang.
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 sidewalks,
utility lines, or other uses, or the maintenance thereof, nor will signs of any type
be installed on the building overhang.
D. All applicable State laws and City ordinances shall be complied with
and the necessary Building Permit shall be secured from the City.
EX), '`/9
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these
presents to be executed on this the
ATTEST:
City Secretary
APPROVED:
J. BRUCE AYCO , CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
X
, 1981
day of , 1981.
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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 Charles H. Decou, and said Grantee agrees to keep and
perform the conditions imposed by said grant and easement and he is bound by all of
the terms of the same.
By
THE STATE OF TEXAS
X
COUNTY OF NUECES 1
Charles U. Decou
BEFORE ME, the undersigned authority, on this day personally appeared
CHARLES H. DECOU, known to me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed as the act and deed of said corporation 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
Revocable Easement
Lot 1, Block 13, Beach Portion
Page 2 of'2
ix.'r 44
•
J
0
1- L. 1 A
A
Corpus Christi, as
..a day of
1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
• Respectfully, Respectfully,
Council Members
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the follo ng vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16568