HomeMy WebLinkAbout16870 ORD - 02/17/1982AN ORDINANCE
GRANTING REVOCABLE EASEMENTS AND A TEMPORARY
CONSTRUCTION EASEMENT TO RUST PROPERTIES FOR
CONSTRUCTION OF UNDERGROUND FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY OF ANTELOPE STREET AND
NORTH CARANCAHUA STREET, IN CONJUNCTION WITH
CONSTRUCTION OF TEXAS COMMERCE BANK PLAZA,
ADJACENT TO BLOCK 5, BLUFF PORTION AS FILED
FOR RECORD IN VOLUME A, PAGES 2 AND 3, MAP
RECORDS OF NUECES COUNTY, TEXAS, ALL AS MORE
FULLY SET FORTH IN THE REVOCABLE EASEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby
authorized to execute revocable easements and a temporary
construction easement to Rust Properties for construction of
underground facilities in the public right-of-ways of Antelope
Street and North Carancahua Street, in conjunction with
construction of Texas Commerce Bank Plaza, adjacent to Block 5,
Bluff Portion as filed for record in Volume A, Pages 2 and 3, Map
Records of Nueces County, Texas, all as more fully set forth in
the revocable easement, a substantial copy of which is attached
hereto as 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 easements and
temporary construction easement, 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 the
/"/ day of February, 1982.
ATTEST:
(Pe
'Citf Secretary
APPROVED: Y OF FEBRUARY,1982
Aftete
..IP. 'Bruce Ayco9J, City Attorney
16870
0
THE ITT OF CORPUS
CORPUS CHRISTI, TEXAS
-Op S !P84
MICROFILMED
REVOCABLE EASEMENT
THE STATE OF TEXAS I
COUNTY OF NUECES 1
THAT, the City of Corpus Christi, Texas acting by and throughits
duly authorized Acting City Manager, Ernest M. Briones, for and inconsideration
of the sum of Two Hundred Dollars ($200.00) to it in hand paid by Rust Properties,
hereinafter referred to 3"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 Grantee,
the right to install and maintain an underground utility vault, with permanent
36 inch diameter soldier piles, to protect the excavation, in and under the
public right-of-way of North Carancahua Street, which abuts the property known
as Lots 9, 10, 11, Block 5, Bluff Portion of Corpus Christi, as recorded in
Volume A, Pages 2 and 3, Nueces County, Texas, Map Records, as described and
shown on attached Exhibits "Al" and "A2", and the right to install and maintain
underground air vents, with 36 inch diameter permanent soldier piles to protect
the excavations, in and under the public right-of-way of Antelope Street which
abuts the property known as Lot 1 and Lot 12, Block 5, Bluff Portion, as recorded
above and as described and shown on Exhibits "Bl" and "B2".
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns,
together with the rights and privileges under the conditions and terms hereof,
and be it further understood that the foregoing easement and right is granted
upon the following conditions:
A. That the City does hereby grant a temporary construction easement
out of the right-of-way of Antelope Street adjacent to said revocable easement
having the approximate dimension g of 11 feet by 74 feet and more specifically
shown on Exhibit "B2"; this temporary construction easement shall exist for a
period of two (2) years from the adoption of this agreement by the City.
B. That, Grantee, shall restore all sidewalk, utilities, curb and
gutter and street disturbed by construction in public right-of-way to original
or better condition and to the satisfaction of the City. Grantee shall contact
Water Division for location of 8 inch water line in Antelope Street and shall
contact Gas Division for location of 6 inch gas main in North Carancahua, prior
to construction.
"
C. It is understood and agreed.that the easement hereby granted may
be revoked at any time.upon the giving of ninety (90) days notice in writing by
the City of Corpus Christi.
D. That. Grantee will save and keel.) harmless the City of Corpus
Christi from any and all claims for liability by reason of the installation, use
of and maintenance of said underground, and related construction.
E. That the use of said area hereby granted after the completion of
said construction and restoration of surface shall in no way interfere with the
City's use of the surface or above the surface for the purpose of sidewalks,
curbs, streets or signs, nor shall said use interfere with the public's access,
or right -of --way on said.surface. -
F. All applicable State laws and City ordinances shall be complied
with and the necessary Building Permit shall be secured -from the City
IN WITNESS WHEREOF, the City of Corpus Christi has caused these
presents to be executed this the
ATTEST:
City Secretary
APPROVED:
• day of
J. BRUCE AYCOCK, CITY ATTORNEY
By
, 1982.
Assistant City Attorney
dfr
• -istant Cit Manager
STATE OF TEXAS
, I
COUNTY OF NUECES I
day of , 1982.
CITY OF CORPUS CHRISTI
By
Ernest M. Briones, Acting. City Manager
BEFORE ME, the undersigned authority, on this day personally appeared
ERNEST M. BRIONES, known to me to be. the Acting City Manager of the CITY OF
COPRUS 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 Acting City Manager therea, for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1982.
Notary Public in and for Nueces County, Texas
Revocable Easement - Underground Utility Vault
Page 2 of 3
THE ABOVE AND FOREGOING grant and easement is hereby accepted this the
day of ; 1982, by Rust Properties, and said Grantee
agrees to keep and perform the conditions imposed by said grant and easement.and
said Rust Properties is bound by all of the terms of the same.
ATTEST: RUST PROPERTIES
THE STATE OF TEXAS
COUNTY OF NUECES
By
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
, 1982.
Notary Public in and for Nueces County, Texas _
Revocable Easement - Underground Utility Vault .
Rust Properties
Page 3 of 3
STATE OF TEXAS
COUNTY OF MINCES
FIELDNOTES for 1,564.36 square feet of land out of the East half of North
Carancahua street right-of-way, adjacent to Lots 9, 10, 11, Block 5, Bluff
Portion of Corpus Christi, a map of which is recorded in Volume A, Pages 2
and 3, map records of Nueces County, Texas:
BEGINNING at a point on the East right-of-way line of North Carancahua Street,
same being the West line of said Lot 11 for the Southeast corner of this tract,
from which corner the point of intersection of said East right-of-way and the
North right-of-way line of Antelope Street, being the Southwest corner of Lot
12, said Block 5 bears South 00°50'15" wes6 61.92 feet;
THENCE North -89°09'45" West, leaving said East right-of-way line, at 10.00
feet pass the exiting back of curb, in all a distance of 14.00 feet to a point
for the Southwest corner of this tract;
THENCE North 00°50'15" East, parallel to the East right-of-way line of North
Carancahua Street, 111.74 feet to a point for the. Northwest corner of this tract;
THENCE South 89°09'45" East, at 4.00 feet pass the existing back of curb, in.
all a distance of 14.00 feet to a point on the aforementioned East right-of-way,
same being the West line of said Lot 9 for the Northeast corner of this tract;
THENCE South 00°50'15" West, along the above mentioned East right-of-way,
with the west line of said Lots 9, 10 and 11, 111.74 feet to the POINT OF BE-
GINNING.
Ex 41. 41
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-
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For 1,564.36 square feet of 'land out of the East
half of North Carancahua Street right-of-way,
adjacent to Lots 9, 10, 11, Block 5, Bluff Portion i
of Corpus Christi, a map of which is recorded in - X
Volume A, Pages 2 and 3, map records of Nueces
County, Texas.
MAP TO ACCOMPANY FIELDNOTES
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COUNTY OF NIECES
FIELBNOTES for 1,507.18 square feet of land out.of the North half of
Antelope Street right-of-way, adjacent to Lots 1 and 12, Block 5, Bluff
Portion of Corpus Christi, a map of which is recorded in Volume A, Page 2
and 3, map records of Nueces County, Texas:
BEGINNING at a point on the North right-of-way line of Antelope Street,
same being the South line of said Lot 12 for the Northwest corner of this tract,
from which corner the point of intersection of said North right-of-way and the
East right-of-way line of North Carancahua Street, being the Southwest corner
of said Lot 12, bears North 89°38'30" West 83.34 feet;
. THENCE South 89°3830" East, along the aforementioned North right-of-way;'
with the South line.of said Lots 1 and 12, 133.49 feet to a point for the
Northeast corner of this tract;
THENCE South 0°2130" West, leaving said North right-of-way, 11.84 feet
to a point on the existing back of curb for the Southeast corner of this tract;
THENCE North 89°0955" West, along the above mentioned back of curb, 133.50
feet to a point for the Southwest corner of this tract;
THENCE North 00°21'30" East 10.73 feet to the POINT OF BEGINNING.
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'MAP TO ACCOMPANY FIELDNOTES
,
, For 1,507.18 square feet of land out of the North half of
Antelope Street right-of-way, adjacent to Lots 1 and 12,
, Block 5, Bluff Portion of Corpus Christi, a map of which
, is recorded in Volume A, Page 2 and 3, map records of
Nieces County,'Texas.
Corpus Christi, Te s
/7 day of ..audiefy, 1982
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; 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
MAYOR
THE CITY s- CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gilley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16870