The URL can be used to link to this page

Home My WebLink About020368 RES - 07/05/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH PETERSON PROPERTIES, LTD. TO ALLOW AN EXISTING BUILDING OVERHANG AND THREE SETS OF CONCRETE STEPS TO REMAIN WITHIN PUBLIC RIGHT-OF-WAY ALONG A PORTION OF CUIPER STREET AND THE PUBLIC ALLEY ADJACENT TO LOT 20R, BLOCK 15, CUIPER ADDITION, FOR A FEE OF $200. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with Peterson Properties, Ltd. to allow an existing building overhang and three sets of concrete steps to remain within public right-of-way along a portion of Cuiper Street and the public alley adjacent to Lot 20R, Block 15, Cuiper Addition, for a fee of $200, all as more fully set forth in the Use Privilege Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: /1;14„„42 eec-- City Secretary M YOR APPROVED: SPJ DAY OF // , 19 HAL GEORGE, CITY ATTORNEY By A& -i-stant City Attorney 206HG144.res THE CITY OF CORPUS CHRISTI, TEXAS 20368 MICROFILMED USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THAT the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, in accordance with Article IX, Section 1, Corpus Christi City Charter, for and in consideration of the sum of Two Hundred Dollars ($200.00) to it in hand paid by Peterson Properties, Ltd., Owner, of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto the said Peterson Properties, Ltd., Owner, a use privilege for the right to install and maintain three sets of concrete steps in public sidewalk and an overhead building overhang approximately 15 feet above sidewalk level in the public right-of-way of Cuiper Street and the public alley which abuts the property known as Lot 20R, Block 15, Cuiper Addition of the City of Corpus Christi, as recorded in Volume 35, Pages 172, Nueces County, Texas, Map Records, as shown on the attached drawing marked Exhibit "A". TO HAVE AND TO HOLD the same unto Peterson Properties, Ltd., Owner, 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 concrete steps and building overhang, and it is further understood that the foregoing use privilege is granted upon the following conditions: A. It is understood and agreed that the use privilege hereby granted may be revoked at any upon the giving of 90 days notice in writing by the City of Corpus Christi. Further, should extensive renovations occur, which in the City's opinion would allow removal of said encroachments, then the use privilege shall be automatically revoked. B. Owner shall fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement, unless such injury, loss or damage shall be caused by the sole negligence of the Indemnitees or any of them. Owner shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. Use Privilege Agreement - Peterson Properties, Ltd. Cuiper Addition, Lot 20R, Block 15 Page 1 of 3 C. Owner shall have and maintain comprehensive general liability insurance in the minimum amounts of $100,000 for each injured person; $300,000 for personal injury arising out of each accident, and $50,000 for property damage arising out of each accident. Such policies of insurance shall carry the City as an additional named insured. D. That the use of said area hereby granted shall in no way 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. E. All applicable State laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. F. The rights conferred herein are not assignable by Owner without the written consent of the City of Corpus Christi. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1988. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza, City Manager APPROVED: day of , 1988 Hal George, City Attorney By: Assistant City Attorney THE STATE OF TEXAS S COUNTY OF NUECES S This instrument was acknowledged before me on , 1988, by Juan Garza as City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas Use Privilege Agreement - Peterson Properties, Ltd. Cuiper Addition, Lot 20R, Block 15 Page 2 of 3- The above Grant and Privilege is hereby accepted this the day of , 19 , by Patricia Peterson Nuss, Christy Peterson Brown, and James D. Peterson, partners in Peterson Properties, Ltd., and said Peterson Properties, Ltd., Owner, agrees to keep and perform the conditions imposed by said Grant and Privilege and that it is bound by all of the terms of same. PETERSON PROPERTIES, LTD. Patricia Peterson Nuss, p C , , N , Christy'Peterson Brown, pner Ji es D 'eterson, partner THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me"on by Patricia Peterson Nuss, Christy Peterson Brown, and aures D. Peterson, partners in Peterson Properties, Ltd. , 1988, Notary \ublic in and for the State of Texas Use Privilege Agreement - Peterson Properties, Ltd. Cuiper Addition, Lot 20R, Block 15 Page 3 of 3 JUNE DRUMMOND -"',r'Y PUBLIC STATE OF TEXAS I.27-90 1', conic co RB d c.uTTER 5 LONL WALK „ E conic. cuR$ S GUTTER 12" WD. P. P 181.45 'ACES @ `i t x 16 5 3.S.x 1.8.IULET YV/STEEL LID — - PARKING _AREA 5.5 0e' DIA. �—� ..-3.0' ' STEEL. UGI -it POLE I I ,-t.5 R 50V !•' 1.3R— N b 0 J r•C:ft 0 3 W Y J 2 0 V O 0 x N W 2D R :a 41 O R f" J1 I t1' 0.6' DIA STEEL LIGHT POLE 1.3R a J14(J et N tN L. "N N . 0 D AYERS ST BUS -STOP 5IGN J 3 U 00 SET 508 1.R. STORM I( tkI ET 1 3o I F'D�l1„I. F' — �rePSB y r. "1 s i 10'Eo � BXSaa_ 4 -WipS y�Q-3l? H 3lad. m SET 5,18"1.R 3.2' STORM INLET INLET (TYP) 10.6' W , D6 W MALL • 3 mnrc. STEPS e 1.0' ,n x t0' L 111 L.L. 5 U TEkic P ' 1.0. EA X 4.0'L FI FL N YDRAKT z_coNC CJ 5 CONIC hIALt W%S.S SAG. cot1A(z Ib SPACES e y,L STOP SIGN 3. . 4 1.8' INLET W/ STEEL UD O 0 0 A9PFIALT DRIVE $ Pt 17 SPACES e 17 SPACS 67.10 ASPNAL.T DR NE 4 F i- 6' 1.2 ROOF OVER11ANG 3.6' encroachment 3b. 20.(� COV CONC ENT 0 LOT 20-R VOL. 35 , P6. 112 M! P RECORDS N.C.T. . Co0.5 2.06 7.3 Cony LO 0 '0 WALK Iv Q Alley • T nrm Nr c. Corpus Christi, Texas day of The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. C 0 Leo Guerrero Clif Moss Bill Pruet(5/7--7 Mary Rhodes (2 Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 20368