HomeMy WebLinkAbout17443 ORD - 01/19/1983AN ORDINANCE
_ APPROVING THE ASSIGNMENT OF AN EASEMENT AGREEMENT WITH
HERSHEY HARBOR HOTEL, LTD., TO HERCO INC; AND DECLARING
AN EMERGENCY.
WHEREAS, an easement agreement authorized by Ordinance No. 16187
was entered into with Hershey Harbor Hotel, Ltd., wherein certain rights to a
portion of the public right of way known as Twigg Street between Water Street
and North Shoreline Drive were granted for a period of sixty years;
WHEREAS, Hershey Harbor Hotel, Ltd., has complied with the terms
and specifications of said Easement Agreement and said Agreement is still in
full force and effect; and
WHEREAS, Hershey Harbor Hotel, Ltd., has proposed to assign said
Easement Agreement to Herco Inc., a Pennsylvania Corporation, in order to
diligently pursue the completion of certain hotel construction and comply
with other requirements of said Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council approves the assignment and
transfer of the aforementioned Easement Agreement to Herco Inc. in accordance
with the terms and specifications of the "Assignment of Easement Agreement"
executed by Hershey Harbor Hotel, Ltd., and Herco Inc., a substantial copy of
which is attached hereto as Exhibit "A" and incorporated herein by reference.
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 to
assign the aforementioned easement to promote the immediate construction and
development of improvements within the City which will further the City's
health, safety, and economic development, 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 1C3 day of January, 1983.
ATTEST:
APPROV
J. BRU
By
D: I7('DAY OF JANUARY, 1983
AMUCK, CITY ATTORNEY
City Attorney
MAYOR
THE CITY
17443
F CORPUS CHRISTI, TEXAS
•
SEP 2 81984
AILCROFiimED
ASSIGNMENT OF EASEMENT AGREEMENT
THIS ASSIGNMENT made this 14th day of January, 1983, by
and between HERSHEY HARBOR HOTEL LTD., a limited partnership
formed and existing under the laws of the State of Texas,
hereinafter referred to as "Assignor" and HERCO INC., a Penn-
sylvania corporation having a principal place of business at
300 Park Boulevard, Hershey, Pennsylvania, hereinafter
referred to as "Assignee".
W ITNESSET H:
WHEREAS, Hershey Harbor Hotel Ltd. was formed for the pur-
pose of acquiring, constructing and operating the Hershey
Harbor Hotel project in Corpus Christi, Texas (hereinafter the
"Project");
WHEREAS, in furtherance of the Project, the City of Corpus
Christi duly adopted Ordinance No. 16187 providing for the
closing of a portion of Twigg Street adjoining the South pro-
perty line of Water Block 9, Corpus Christi, Nueces County,
Texas, and execution of an easement agreement in form
substantially similar to Exhibit 1 attached to Ordinance No.
16187;
WHEREAS, the City of Corpus Christi, Texas, and Hershey
Harbor Hotel Ltd. entered into an Easement Agreement (herein-
after the "Easement Agreement") dated , 198
BfT "A "
and recorded on
, 198 , in the Records Office
of and for Nueces County, Texas; and
WHEREAS, the site intended for construction of the Project
and all project documents is being transferred and conveyed to
Assignee concurrently herewith.
NOW, THEREFORE, in consideration of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, and intending to be legally
bound hereby, Assignor and Assignee do hereby agree as
follows:
1. Assignor hereby assigns, transfers and con-
veys all of its right, title and interest in and to
the Easement Agreement to Assignee, its successors
and assigns.
2. Assignee accepts the within Assignment of
the Easement Agreement, with all of its attendant
benefits and burdens, and agrees to be bound by the
terms of the Easement Agreement.
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and recorded on , 198 , in the Records Office
of and for Nueces County, Texas; and
WHEREAS, the site intended for construction of the Project
and all project documents is being transferred and conveyed to
Assignee concurrently herewith.
NOW, THEREFORE, in consideration of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, and intending to be legally
bound hereby, Assignor and Assignee do hereby agree as
follows:
1. Assignor hereby assigns, transfers and con-
veys all of its right, title and interest in and to
the Easement Agreement to Assignee, its successors
and assigns.
2. Assignee accepts the within Assignment of
the Easement Agreement, with all of its attendant
benefits and burdens, and agrees to be bound by the
terms of the Easement Agreement.
- 2 -
3. This Assignment shall be binding upon and
inure to the benefit of the parties hereto, their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Assignment of Easement Agreement the day and year first
above written.
WITNESS: ASSIGNOR: •
HERSHEY HARBOR HOTEL LTD.
By: Wallace & Wallace,
General Partner
ATTEST:
(CORPORATE SEAL)
By
Robert B. Wallace, Jr.,
Partner
ASSIGNEE:
HERCO INC.
By
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The City of Corpus Christi, Texas, by and through its duly authorized
City Manager, Edward A. Martin, does hereby approve this Assignment of
Easement Agreement by Hershey Harbor Hotel, Ltd. to NERCO, Inc.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
Bill G. Read, City Secretary Edward A. Martin, City Manager
APPROVED AS TO LEGAL FORM:
DAY OF JANUARY, 1983
J. BRUCE AYCOCK, CITY ATTORNEY By
By
Assistant City Attorney
Deputy City Manager
- 4 -
THE STATE OF TEXAS
SS:
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day per-
sonally appeared ROBERT B. WALLACE, JR., a partner of Wallace
& Wallace, General Partner of Hershey Harbor Hotel, Ltd.,
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 for the purposes and consideration
therein expressed as the act and deed of said partnership and
in the capacity stated.
GIVEN under my hand and seal of office this the day
of January, 1983.
Notary Public in and for
Nueces County, Texas
THE STATE OF TEXAS
SS:
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day per-
sonally appeared who
acknowledged self to be the
of
HERCO INC., a corporation, and that as such
, being authorized to do so, executed the
foregoing instrument for the purpose therein contained by
signing the name of the corporation by self as
IN WITNESS WHEREOF, I have hereunto set my hand and offi-
cial seal.
Notary Public
(SEAL)
THE STATE OF TEXAS
SS:
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day per-
sonally appeared EDWARD A. MARTIN,
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 and
deed of the City of Corpus Christi and the City Manager
thereof for the purposes and considerations therein expressed.
GIVEN under my hand and seal of office this the day
of January, 1983.
Notary Public in and for
Nueces County, Texas
Corpus Christi, Texas
/(? day of
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,
MAYOR
Council Members
THE CI 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
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