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HomeMy WebLinkAbout020369 ORD - 07/05/1988AN ORDINANCE AMENDING ORDINANCE NO. 10185 PASSED MARCH 24, 1971, BY REPEALING SECTION 1 WHICH GRANTED REVOCABLE EASEMENTS FOR THE USE OF A PORTION OF AYERS STREET RIGHT-OF-WAY FOR PARKING PURPOSES; AUTHORIZING USE PRIVILEGE AGREEMENTS WITH PETERSON PROPERTIES, LTD, AND P.J.C. PARTNERSHIP, OWNERS OF PORTAIRS SHOPPING CENTER, FOR THE USE OF THIS RIGHT-OF-WAY FOR PARKING WITH REVOCATION SUBJECT TO FUTURE STREET WIDENING OR IMPROVEMENTS, FOR A FEE OF $100; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 10185, passed March 24, 1971, is hereby amended by repealing Section 1 which granted revocable easements for the use of a portion of Ayers Street right-of-way for parking purposes. SECTION 2. That the City Manager is hereby authorized to execute Use Privilege Agreements with Peterson Properties, Ltd. and P.J.C. Partnership, owners of Portairs Shopping Center, for the use of this right-of-way for parking with revocation subject to future street widening or improvements, for a fee of $100.00, all as more fully set forth in the Use Privilege Agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits A and B respectively. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon fir t reading as an emergency measure this the SW, day of , 19 Y Y ATTEST: 43N...-J1q City Secretary APPROVED:574 DAY OF (AYOR , 19f, C ty Attorney 206HG145.ord 4/AA-I-La THE CITY OF CORPUS CHRISTI, TEXAS 20369 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, for and in consideration of the sum of One Hundred Dollars ($100.00) to it in hand paid by Peterson Properties, Inc., 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, unto said Peterson Properties, Inc., the right to use, for parking purposes: That portion of Ayers Street right-of-way between the existing header curb adjacent to the sidewalk and the property line adjoining Lots 1 through 20R, Block 15, Cuiper Addition, Corpus Christi, Nueces County, Texas; as shown on the sketch attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said Peterson Properties, Ltd., its successors and assigns, together with the right and privilege under the conditions and terms hereto, at any and all times to enter upon the above described right-of-way for the purpose of developing and maintaining a parking area, and it is further understood that the foregoing easement and right is granted upon the following conditions: 1. It is understood and agreed that the easement hereby granted shall be automatically revoked and usage of the area terminated within sixty (60) days of the date of the City Council's action to either: (a) Approve plans and specifications and grant authority to receive bids for any widening or improvements to Ayers Street which would necessitate use of the subject area for street pavement or sidewalk construction, or (b) Enter into any agreement with any any widening or improvements to necessitate the use of the subject sidewalk construction. 2. That the Grantee herein will save and Corpus Christi from any and all claims the improvement, use of and maintenance parking area. federal or state agency for Ayers Street which would area for street pavement or hold harmless the City of for liability by reason of of said right-of-way for a 3. That the use of said area hereby granted shall in no way interfere with the operation by the City of any utility lines or the maintenance thereof. Peterson Properties, Inc. Use Privilege Agreement Page 1 of 2 46- /g 4. The use by the Grantee shall be limited to that portion of Ayers Street right-of-way which is in back of the header curb adjacent to the existing sidewalk, and is to be used as a parking area only. 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 HAL GEORGE, CITY ATTORNEY By: , 1988 Assistant City Attorney THE STATE OF TEXAS S COUNTY OF NUECES § 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 The above grant of easement is hereby accepted this the day of , 1988, by the said Peterson Properties, Ltd., and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and it is bound by all of the terms of the same. PETERSON PROPERTIES, LTD. Patricia Peterson Nuss THE STATE OF TEXAS § COUNTY OF NUECES § Christy Peterson Brown James D. This instrument was acknowledged before me on rson , 1988, by Patricia Peterson Nuss, Christy Peterson Brown, and Jaa es D. Peterson, partners in Peterson Properties, Ltd. Peterson Properties, Inc. Use Privilege Agreement Page 2 of_2 Nota y 'ublic in and for the Stat of Texas JUNE DRUMMOND NOTARY PUBLIC STATE OF TEXAS ors", .4 1,^Cl!W 7e,7,..,�- ., 5 2710 ALEXANDER ST. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT USE PRIVILEGE AGREEMENT THE STATE OF TEXAS S COUNTY OF NUECES S That the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, for and in consideration of the sum of One Dollar ($1.00) to it in hand- paid by P.J.C. Partnership, 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, unto said P.J.C. Partnership, the right to use, for parking purposes: That portion of Ayers Street right-of-way between the existing header curb adjacent to the sidewalk and the property line adjoining Block 1R, Cuiper Addition, Corpus Christi, Nueces County, Texas; as shown on the sketch attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said P.J.C. Partnership, its successors and assigns, together with the right and privilege under the conditions and terms hereto, at any and all times to enter upon the above described right-of-way for the purpose of developing and maintaining a parking area, and it is further understood that the foregoing easement and right is granted upon the following conditions: 1. It is understood and agreed that the easement hereby granted shall be automatically revoked and usage of the area terminated within sixty (60) days of the date of the City Council's action to either: (a) Approve plans and specifications and grant authority to receive bids for any widening or improvements to Ayers Street which would necessitate use of the subject area for street pavement or sidewalk construction, or (b) Enter into any agreement with any federal or state agency for any widening or improvements to Ayers Street which would necessitate the use of the subject area for street pavement or sidewalk construction. 2. That the Grantee herein will save and hold harmless the City of Corpus Christi from any and all claims for liability by reason of the improvement, use of and maintenance of said right-of-way for a parking area. 3. That the use of said area hereby granted shall in no way interfere with the operation by the City of any utility lines or the maintenance thereof. 4. The use by the Grantee shall be limited to that portion of Ayers Street right-of-way which is in back of the header curb adjacent to the existing sidewalk, and is to be used as a parking area only. PJC Partnership Use Privilege Agreement 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 HAL GEORGE, CITY ATTORNEY By: , 1988 Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § 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 The above grant of easement is hereby accepted this the day of , 1988, by the said P.J.C. Partnership, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and it is bound by all of the terms of the same. PJC PARTNERSHIP Patricia Peterson Nuss Christy Peterson Broiar? D. Pon THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was ac owledged before me on �-' , 1988, by k Q��i Si hers as V eArs. of P.J.C. Partnership. Notar,�; •lic in and for the Sta e of Texas PJC Partnership Use Privilege Agreement Page 2 of 2 JUNE DRUMMOND NOTARY PUBLIC STATE OF TEXAS •,,,. '•..rnonrM 5-27-90 ALEXANDER ST. c no r, 15.5' CUIPER ST 0 76 rn 0 0 HORNS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RIGHT OF WAY/ EASEMENT GI 43018 `HOZ-I Slot 4.5, -o 0 ROAD y Corpus Christi, Texas day of , 198Y 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 `4LA4/(.. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero 7;11. Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. tiff/1 Mary Pat Slavik Linda Strong 99.045.01 20369