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Home My WebLink About16814 ORD - 01/13/1982RWC:jkh:1-13-82;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT GRANTING TO WILSON INVESTMENTS THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A SIDEWALK CANOPY OVERHANG IN LEOPARD AND CARANCAHUA STREETS AND UPPER BROADWAY AND TO CONSTRUCT, OPERATE AND MAINTAIN A SIX -LEVEL PARKING GARAGE OVERHANG IN CARANCAHUA AND MESTINA STREETS, SUBJECT TO DEDICATION BY WILSON INVESTMENTS OF A 10 -FOOT BY 50 -FOOT LEOPARD STREET STRIP AND AN APPROXIMATE 10 -FOOT BY 290 -FOOT STRIP ON UPPER BROADWAY; 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 to Wilson Investments to permit construction, operation and maintenance of a sidewalk canopy overhang in Leopard and Carancahua Streets and Upper Broadway and to permit construction, operation and maintenance of a six -level parking garage overhang in Carancahua and Mestina Streets, subject to dedication by Wilson Investments of a 10 -foot by 50 -foot Leopard Street strip and an approximate 10 -foot by 290 -foot strip on Upper Broadway, 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 efficient administration of City affairs by the granting of the aforesaid revocable easement, such finding of an emergency is made and declared requir- ing suspension of the Charter rule as to consideration and voting upon ordi- nances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this day of January, 1982. ' ATTEST: ,ei/1:425e%f.4-2 y Secretary APPROVED: (3 DAY OF JANUARY, 1982: J. BRUCE AYCOCK, CITY ATTORNEY MA 16814 HE CITY VCORPUS CHRISTI, TEXAS SEP 2 8 1984 blICROFILMED REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES THAT the City of Corpus Christi, acting by and through its duly authorized Acting City Manager, Ernest M. Briones, for One Dollar ($1.00) and other considerations, the receipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey, upon the conditions hereinafter stated to Wilson Investors, a California general partnership, w the right to operate and maintain an existingsidewalk canopy overhang in Leopard, Upper Broadway and Carancabua Streets and a 6 level reinforced concrete parking garage overhang in Carancahua and Mestina Streets abutting property described as follows: 1. Leopard Street, sidewalk canopy overhang which abuts the property known as Lots 1, 2, 3, 4, 5, 6, Block 3, Nixon's Replat of Block 3, Bluff Portion of Corpus Christi; 2. North Upper Broadway, sidewalk canopy overhang which abuts the property known as Lot 1, Block 3 as described above; 3. Carancahua Street, sidewalk canopy overhang which abuts property known as Lot 6, Nixon's Replat of Block 3 and Lot 9 and a portion of Lot 10, Block 3, Bluff Portion; 4. Carancahua and Mestina Streets, 6 level parking garage overhang which abuts a portion of Lot 10, Lot 11 and Lot 12 of Block 3, Bluff Portion and the west 150.75 feet of an unplatted 50 foot tract as filed in Volume 194, Page 138, Nueces County, Texas, Deed Records. References to Bluff Portion contained herein shall refer to that filed for record in Volume A, Page 3, Map Records of Nueces County, Texas, and references to Nixon's Replat of Block 3 shall refer to that filed in Volume 4, Page 18, Map Records of Nueces County, Texas. All shown on the attached marked Exhibit "A" and Exhibit "B". TO HAVE AND TO HOLD the same unto Wilson Investors, their 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 sidewalk canopy and 6 level parking garage Page 1 of 3 is/ 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 herebygranted may be revoked at any time upon the giving of 90 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 sidewalk canopy and 6 level parking garage overhang. C. That the use of said area hereby granted shall in no uwy 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. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of 1982. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest M. Briones, Acting City Manager APPROVED: day of ,1982: 2. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: By Assistant City Manager Revocable Easement — Wilson Investors Page 2 of 3 THE STATE OF TEXAS COUNTY OF NUECES I BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared ERNEST M. BRIONES, Acting City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. 1982. GIVEN UNDER MY HAND AND SEAL of office this day of January, Notary Public in and for Nueces County, Texas THE ABOVE GRANT AND EASEMENT is hereby accepted this the • day of , 1982, by WILSON INVESTORS, by Loren G. Baxter, James P. Foster and Dieter H. Ott, General Partners, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and be bound by all of the terms of the same. WILSON INVESTORS Loren G. Baxter General Partner James P. Foster General Partner Dieter H. Ott General Partner THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned, a Notary Public, on this day personally appeared LOREN G. BAXTER, JAMES P. FOSTER and DIETER H. OTT, general partners, of Wilson Investors, a California general partnership, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL of office this day of 1982. Revocable Easement Page 3 of 3 Notary Public in and for Nueces County/State of Texas so - LEOPARD STREET 6.5" stoefrgai. c4N0PY OVERHANG 1 1 , 1 ' 5I ?,7-' / / / / / MULTI - LEVEL C.ONCRETE, STEEL / / / • / BRICK BLDG. cn r— I in 1 KA, 1 ' / 8.75' 6 - LEVEL PARKING GARAGE. tf5 > 0 ler2. 03 BLIK. 3 1 1 IFF FORTION 4 • / / • / 7 / • • L — 301.81' -1 • 8.75" PA RK MI6 4A7ZAE OVERHANG7 hiESTI 1\1.,4 STREET " 4 1 TRAC Lor 4 13 TRACT BE O • "LOT 1 TRAC:1Itt - )1, — D !CATES AREA TO BE DEDIC,ATED TO CITY OF CORPUS CRI5TI EXI-11131T "Aq LEOPARD STREET ,,- • SIDEWALK. CANOPY OVERHAG '''' ' . ; .. • • ::1 muLTI LEVEL CONCRETE, STEEL ERICK t.LOG. TRACT LOT 4 •' • t: w 0 :- In r• -l• a t4 • ( "4-"` 5.75' YARRIM4 64RAe.7E VERNAI% P:1ESTI NA STREET — INDICATES REVD CABLE EASEMENTS T� BE GlzANTED By .THE c.1 Ty OF c_ogP(.5s sT(. 8.75' - LEVEL pARKi NIG 6ARAGE. EXHIBIT "5" a Corpus Christi /3 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1982— 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; 1/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 MAY The above or-dinance was passed bithe foll Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky THE CTrY OF CORPUS CHRISTI, TEXAS g Vote: -- 16814