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Home My WebLink About16780 ORD - 12/23/1981i. sp;12/18/81 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WHICH AUTHORIZES THE CONSTRUCTION OF FOUR CONCRETE BUTTRESSES WITHIN THE ROSSITER STREET RIGHT- OF-WAY ALONG THE SOUTH RIGHT-OF-WAY LINE OF LOT 3, BLOCK 3A, ALTA VISTA ON THE BAY SUBDIVISION, SAID PROPERTY BEING OWNED BY GEORGE FINLEY, III; 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 which authorizes the construction of four concrete buttresses within the Rossiter Street right-of-way along the south right-of-way line of Lot 3, Block 3A, Alta Vista on the Bay Subdivision, said property being owned by George Finley, III. 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 executing the aforesaid revocable easement so that construction of four con- crete buttresses within the Rossiter Street right-of-way can begin at the earliest practicable date, such finding of an emergency is made and declared 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 emergency measure this this (12 day of December, 1981. ATTEST: -- �- // C y ecretary MAYO• THE Y OF CORPUS CHRISTI, TEXAS APPR V AdEDAY OF DECEMBER, 1981 JBruce Aycock, gjlty Attorney 16780 SEP 28 1984 M CROFILMEC REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES X 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 George Finley,III, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these present does GRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto George Finley, III, the right to construct, maintain, repair and remove four reinforced concrete buttresses to be constructed on Rossiter Street at the locations shown in accordance with the plan attached hereto, marked Exhibit A. The markers are to be constructed per the details of the attached Exhibit "B". TO HAVE AND TO HOLD the same unto said George Finley, III, his 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 buttresses at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. Said buttresses 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. 2. It is understood and agreed 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 buttresses 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 buttresses or the maintenance or existence thereof. 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 buttresses and the maintenance Page 1 of 3 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 ordinances applicable. 5. All rights granted hereby shall be subordinate of 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 time. b. No work is to be started before proper permit has been obtained from the City Building Division. c. Grantee shall adjust the buttresses within the area covered by this easement or remove the above described buttress, 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. 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 City Secretary APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1981 Assistant City Attorney APPROVED: 7 -sistant C ty Mag r✓ ,010 Page 2 of 3 - Revocable Easement George Finley, III Buttresses - Rossiter Street By Ernest Briones, Acting City Manager of THE above GRANT AND EASEMENT is hereby ACCEPTED this the day , 1981, by George Finley, III, and said George Finley, III 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. By George Finley, III 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 Christi, Texas, 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. THE STATE OF TEXAS COUNTY OF NUECES I X Notary Public in and for Nueces County, Texas Before me, a Notary Public, on this day personally appeared GEORGE FINLEY, III, 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. Given under my hand and seal of office this day of , 1981. Notary Public in and for Nueces County, Texas Page 3 of 3 - Revocable Easement Buttresses - Rossiter Street 1 . ...• " • . • 4- 7- ALT4 Vs 7-A ON THE 8/1K r x Ne -2.r.- v./A 1—L- •-fvrAt;,ti., -1 P/.151—/C 121i' R055/ TER 1:5-77 • ss7 ,2-44 116% 5 ele, • !-4 -,t ,UTT I • ---- KEr- 4.- - ---• irr• Wt:. • - ' N. -41.; i 1.1-r .1 1,3.. -r , 4 c., r"liI v// Cc ).e c/c,VJM. _ - 1 -1-.0 i (4 A. • I --1" - - - • - _ 11 12Its! 6-1 T Corpus Christi, Texas 7-0 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 MAYOR THE CITY 0 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 =16780