HomeMy WebLinkAbout020664 ORD - 05/02/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
THE LAKES MASTER ASSOCIATION, INC. TO ALLOW THE INSTALLATION
OF UNDERGROUND CABLES, CONDUITS AND AN EXISTING SPRINKLER
SYSTEM WITHIN THE PUBLIC RIGHT-OF-WAY OF YORKTOWN BOULEVARD
FOR A FEE OF $300.
BE IT ORDAINED 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 The Lakes Master Association, Inc. to allow the
installation and maintenance of underground cables, conduits and an existing
sprinkler system within the public right-of-way of Yorktown Boulevard for a fee
of $300, 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.
208JB062.ord
20664
IC
FILMED
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
Three Hundred Dollars ($300.00) to it in hand paid by The Lakes Master
Association, Inc., 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 said The Lakes Master
Association, Inc., the right to install and maintain electrical cables,
conduits and a sprinkler system in the public right-of-way of Yorktown
Boulevard as more fully shown on the attached drawing marked Exhibit "A". The
2" PVC conduit will contain 12 Volt DC cables to automate the sprinkler system
within the median of Yorktown Boulevard.
TO HAVE AND TO HOLD the same unto The Lakes Master Association, Inc., all
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 conduits and
sprinkler system and it is further understood that the foregoing easement and
right is granted upon the following conditions:
A. It is understood and agreed that the easement hereby granted may be
revoked at any time upon the giving of 90 days notice in writing by the
City of Corpus Christi.
B. The Grantee will save and hold harmless the City of Corpus Christi from
any and all claims for liability by reason of the installation, use of
and maintenance of said conduits and sprinkler system.
C. 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
sidewalks, utility lines or other uses or the maintenance thereof. The
City shall not be responsible for any damage to the conduits or sprinkler
system due to maintenance of said public facilities or by mowing the
median including any water loss caused by damage to the sprinkler system.
D. Street crossings shall be bored and placed a minimum of 24" deep from the
gutter elevation.
E. All applicable State laws and City ordinances shall be complied with and
the necessary construction permit 3.1ail be secured from the City.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these
presents to be executed on this the day of
1988.
ATTEST:
City Secretary
Revocable Easement
The Lakes Master Association
Page 1 of 2
CITY OF CORPUS CHRISTI
By:
Juan Garza, City Manager
APPROVED:
St day of
()ft
By:
. e4
Stant City Attney
198/1
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 1988,
by Juan Garza as City Manager of the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
The above and foregoing grant 4` d easement is hereby accepted this the
day of . -,�z- ci4 , , by The Lakes Master Association, Inc.,
and said Grantee agrees to keep and perform the conditions imposed by said
grant and easement and said The Lakes Master Association, Inc. is bound by all
of the terms of the same.
THE LAKES MASTER ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on p2„7t4
by (1`n-11as Vic: F_ PL,d -%
of The Lakes Master Association, Inc.
Revocable Easement
The Lakes Master Association
Page 2 of 2
9
, 1988,
Notary Pub is in and for the State of Texas
That the foregoing ordinances read for t first time and p ed to its
second reading on this the � day of()()/ft}' 19 ,��, by the
following vote:
Betty N. Turner 'l Bill Pruet
David Berlanga, Sr. a( Mary Rhodes
Leo Guerrero a6,,,,-t,Frank Schwing, Jr.
Clif Moss - Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for t
e second timeand p ed to its
third reading on this the � day of(JpiuQ 19 ��, by the
following vote:
Betty N. Turner ffe,
(11
.(7
th 7L2
x
David Berlanga, Sr. att.,
Leo Guerrero
Clif Moss al/e�,
That the foregoing ordip
this the A day of
Betty N. Turner (Lt
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
at/,
e was read for ththird time and passed finally on
t
David Berlanga, Sr, l�,
Leo Guerrero ati
9
Clif Moss�i�
PASSED AND APPROVED, this the
ATTEST:
City Secretary
AP ROVED:
47:0ADAY OF Mity
HAL GEORG
By
CITY ATTORNEY
Assistant City Attorn),
99.044.01
190:
, 19 , by the following vote:
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
St)
a�r'>
day of At �,- l� ,
THE CITY OF CORPUS CHRISTI, TEXAS
20664