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
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ALEXANDER ST.
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HORNS
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
SERVICES
RIGHT OF WAY/ EASEMENT
GI 43018 `HOZ-I Slot
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ROAD
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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