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Home My WebLink About16636 ORD - 10/28/1981sp;10/27/81;lst TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO THE COUNTRY CLUB ESTATES ASSOCIATION, INC., FOR ERECTING A MASONRY PEDESTAL EIGHT FEET HIGH WITH A COUNTRY CLUB ESTATES CAST ALUMINUM MARK- ING BETWEEN THE CURB AND SIDEWALK AND LACOSTA DRIVE 150 FEET WEST OF SOUTH STAPLES STREET AND ON KENITH 25 FEET WEST OF SOUTH STAPLES STREET ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT A SUBSTAN- TIAL 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, SECTION 1. That the City Manager be and he is' hereby authorized to execute a revocable easement to the Country Club Estates Association, Inc., for erecting a masonry pedestal eight feet high with a Country Club Estates cast aluminum marking between the curb and sidewalk and LaCosta Drive 150 feet west of South Staples Street and on Kenith 25 feet west of South Staples Street 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 a revocable easement so that construction of the aforesaid entry markers can commence as soon as possible, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consider- ation 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 emergency this 2 day of October, 1981. ATTEST: City Secretary APP VED: DAY OF OCTOBER, 1981 J. BRUCE AYCOCK, CITY ATTORNEY Assistant Ci J / orney MAYO 16636 THE Y OF CORPUS CHRISTI, TEXAS SEP 4 ' 1984 otuatiLMED REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES �( THAT, the City of Corpus Christi, Texas, acting by and through its duly authorized Acting City Manager, Ernest Briones, for and in consideration of the sum of Fifty Dollars ($50.00) to it in hand paid by Country Club Estates Association, Inc., a Texas Corporation, hereinafter referred to as GRANTEE, 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 Country Club Estates Association, Inc., the right to construct, maintain, repair and remove two reinforced concrete entry markers to be constructed on La Costa Drive and Kenith Street at the locations shown in accordance with the plans attached hereto, marked Exhibits "A-1" and "A-2". The markers are to be located free and clear of the public sidewalk and are to he constructed per the details of the attached Exhibit "B". The markers will bear the words "COUNTRY CLUB ESTATES" in cast aluminum letters. TO HAVE AND TO HOLD the same unto the said Country Club Estates Association, Inc., their successors and assigns, together with the right and privilege at any and all times to enter upon the above strip of land for the purpose of constructing and maintaining the said sign at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. Said marker shall be placed substantially in compliance with the plan attached hereto and made a part thereof. The City Building Division will inspect this work during the construction period. The City Water Division will be called prior to excavation on Kenith Street site. 2. It is understoodandagreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid marker upon thirty (30) days notice, in writing. 3. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said sign or the maintenance or existence thereof. Page 1 of 3 4. Grantee will repair or cause to be repaired any damage tO any street, sewer, 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 the maintenance thereof. Grantee will apply to the City Building Division, after first acquiring a "Special Council Permit" from the City Council, for a permit before performing the work in accordance with the permit and all City ordin- ances applicable. 5. All rights granted hereby shall be subordinate to all uses as the City may make of such 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. Grantee shall provide for through traffic at all times. b. No work is to be started before proper permit has been obtained from the City Building Division. c. Grantee shall adjust the marker within the area covered by this easement or remove the above described marker, if necessary, for the construction of any public utilities or change in street grade or patterns on the streets or for any other reason of the City stated in writing to Grantee. d. Grantee shall attach a small aluminum tag to the marker showing the owner's name, address and City Ordinance Number authorizing the construction. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1981. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: By Assistant City Manager Ernest Briones, Acting City Manager ,Page 2 of 3 - Revocable Easement '",''Country Ql_ub'Estate Assoc.,, Inc. THE above GRANT AND EASEMENT is hereby ACCEPTED this the day of , 1981, by the Country Club Estates Association, Inc., a Texas Corporation, and said Country Club Estates Association, Inc. agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of same. ATTEST: COUNTRY CLUB ESTATES ASSOCIATION, INC. By Secretary Barbara J. Smith, President THE STATE OF TEXAS j( COUNTY OF NUECES Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ERNEST BRIONES, Acting City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Chrsiti, Teras, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office,this the day of 1981. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS j( COUNTY OF NUECES Z . Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Barbara 3, Smith, Presidentof the Country Club Estates Association, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Country Club Estates Association, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of , 1981. Notary Public in and for Nueces County, Texas SOUTH STAPES T. S CONTACT lit/.47e 176--P77 fR/oTL 7 c 4 VAT/aN CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPMENT,_ DESCRtPTIOW REtVofAELE EASEMENT PROJECT: E4VTRy MARkelz DATE; 0-1E 8/. SCALE: 1's146` XH/8/T %4 S S5UTh/ STAPLES Sr. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING & PHYSICAL DEVELOPMENT. 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Corpus Christi, .28 day of exas , 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, MAYO Council Members THir S TY OF CORPUS CHRISTI, TEXAS • The'above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16636