HomeMy WebLinkAbout10033 ORD - 12/09/1970JKH:12 9 70
• 0
AN ORDINANCE
VACATING THE EASEMENT ACROSS LOTS 9 THROUGH 13,
BRATTON PLACE,UNIT 2, SUBJECT TO DEDICATION OF
A SUBSTITUTE 10 -FOOT EASEMENT IN LOTS 9 AND 14
OF BLOCK 2, BRATTON PLACE, UNIT 2, AS SHOWN ON THE
PLAT THEREOF RECORDED IN VOLUME 35, AT PAGES 170
AND. 171 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS;
AND DECLARING AN EMERGENCY.
WHEREAS, A CERTAIN 10 -FOOT UTILITY EASEMENT EXISTS ACROSS
LOTS 9 THROUGH 13, BRATTON PLACE UNIT 2, AS SHOWN BY MAP OR PLAT OF
RECORD IN THE MAP RECORDS OF NUECES COUNT O, TEXAS; AND
WHEREAS, THE OWNER OF THE HEREINABOVE DESCRIBED PROPERTY, SAM
ALLEN, HAS EXPRESSED A WILLINGNESS TO DEDICATE A SUBSTITUTE l0 -FOOT
EASEMENT IN LOTS 9 AND 14 OF BLOCK 2, BRATTON PLACE, UNIT 2, IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI 1S AGREEABLE TO THE RELOCA-
TION OF THE HEREINABOVE UTILITY EASEMENT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THERE IS HEREBY ABANDONED, RELEASED AND RELINQUISHED
BY THE CITY OF CORPUS CHRISTI UNTO THE PRESENT OWNER, SAM ALLEN, A CERTAIN
10 -FOOT UTILITY EASEMENT ACROSS LOTS 9 THROUGH 13, BRATTON PLACE UNIT 2,
AS SHOWN BY MAP OR PLAT OF RECORD IN THE MAP RECORDS OF NUECES COUNTY,
TEXAS, SUBJECT TO DEDICATION BY THE SAID OWNER OF A SUBSTITUTE 1O -FOOT
EASEMENT IN LOTS 9 AND 14 OF BLOCK 2, BRATTON PLACE, UNIT 2, AS SHOWN
ON THE PLAT THEREOF RECORDED IN VOLUME 35, AT PAGES 170 AND 171 OF THE
MAP RECORDS OF NUECES COUNTY, TEXAS, A COPY OF WHICH "UTILITY EASEMENT,"
MARKED "EXHIBIT A ", IS ANNEXED HERETO FOR ALL PURPOSES AND WHICH THE
SAID SAM ALLEN SHALL CAUSE TO BE DULY EXECUTED AND THE SAME TO BE FILED
. FOR RECORD IN THE DEED RECORDS OF NUECES COUNTY, TEXAS.
•
SECTION 2. THE NECESSITY FOR ABANDONING THE ABOVE DESCRIBED
EASEMENT SUBJECT TO DEDICATION OF A SUBSTITUTE 10-FOOT UTILITY EASEMENT
AS HEREINABOVE DESCRIBED, IN ORDER THAT THE PREVIOUS EASEMENT MAY BE USED
BY THE OWNER.FOR OTHER PURPOSES, CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTERRULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT
/lid 3 3
•
THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION
•
OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
DAY OF DECEMBER, 1970.
ATTEST:
APPROVED:
1970:
CITY ° TTORNEY
R
THE CITY OF CORPUS CHRISTI, TEXAS
UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES 1
THAT, I, Sam L. Allen,
•
of the County of Nueces, State of Texas, for an in consideration of the sum of
ONE AND NO /100 ($1.00) DOLLARS to me in hand paid by the City of
Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged,
have granted and conveyed, and by these presents do grant and convey unto the City
of Corpus Christi, Texas, a municipal corporation duly incorporated under and by
virtue of the laws of the State of Texas, its successors and legal representatives
the free and uninterrupted use, liberty, privilege, and easement of going in, on,
over, under, and along a certain tract of land situated in Nueces County, Texas
and being described as follows:
Being atract_of land in Lots 9 and.14 of Block 2, Bratton Place, Unit 2,
as shown on the plat thereof recorded in Volume 35 at Pages 170 and 171
of the Map Records of Nueces County, Texas, and being more particularly
described by metes and bounds as follows:
Beginning at the northeast corner of said Lot 14, Block 2,
Bratton Place, Unit 2;
THENCE S 29° W a distance of 125.0 feet to a point;
THENCE N 61° W, at 50 feet past, the west line of Lot 14;
the southeast corner of Lot 9 and the northeast corner
of Lot 8, Block 2, Bratton Place, Unit 2 and in all a
distance of 60.0 feet to a point;
THENCE N 29° E a distance of 10 feet to a point;
THENCE S 61° E, at 10 feet past the east line of Lot 9,
Block 2, Bratton Place, Unit 2 and in all a distance of
50.0 feet to a point;
THENCE N 29° E a distance of 115.0 feet to a point, in
the north line of Lot 14, Block 2, Bratton Place, Unit 2
and the south right -of -way line of Brett Street;
THENCE 5 61° E a distance of 10.0 feet to the point of
beginning.
g. /2 -7
Together with the free ingress, egress, and regress to and for the City of Corpus
Christi, Texas, for the purpose of constructing, laying, and keeping public utility
lines, and for the purposes of maintaining, servicing, repairing, and inspecting
ovEI�,
said lines under, on,^ and along said tract. i A — 7
Ex///,62/
•
TO HAVE AND TO HOLD, all and singular, the rights and privileges
aforesaid to the City of Corpus Christi, Texas, its successors and legal
representatives, for the proper use as a utility easement and utility
right of way, for so long as used for such purpose, and if the use for
said easement and way of said uses be ever abandoned, then, in that event,
the aforesaid rights and privileges shall cease.
WITNESS my HAND this the 4th
19 70 .
day of December
„--S`AM L. ALLEN
STATE OF TEXAS 4
COUNTY OF NUECES 0
Before me, the undersigned authority, a Notary Public in and
for Nueces County, Texas, on this day personally appeared SAM L. ALLEN
, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he
executed the sane for the purposes and consideration therein expressed.
Given under my hand and seal of office this 4th day of
December , 19 70 .
STATE OF TEXAS Q
COUNTY OF NUECES
;.; ;.iJORIE BROOKS Notary
in and for Nueces
unty, Texas
Before me, the undersigned authority, a Notary Public in and
for Nueces County, Texas, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
, 19
Notary Public in and for Nueces
County, Texas
PW 2-lb
Corpus Christi, Tex
of- , 19
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Chatter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
it,bReL4Aczve-Le42.--vil),./
/ THE CITY OF CORPUS CBRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano,.Sr.
V. A. "Dick" Bradley, Jr
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the follow;._ vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
d6 /
ogslre
6v -
'LOCATION MAP
WM( RAW
GRAMM SCALE
PREPARED BO
t..-e' vurc.-rer a 8f.SS
CONSUIVNG FACIA -7S
JUL, 1970
NOTE •
ALL CORNERS' RE MARRED WITH 518 IRON RODS UNLESS OTHERWISE
NOTED.
MOIEN -LOTS ARE SOLD THEY SHALL BE IN INCREMENTS OF AT LEAST
TWO SO PVT THE RESULTING PARCEL WOULD HAVE A MINIMUM
WDTH K 00,
30'
2
20C
200'
03
IED.
- 100i, "N297
4
5 1
ILT
ipso°
0
200
20 B L
0 ° �=
0
S29 °W
20 DEDICATED FOR ADDITIONAL 5T RO.W
•
I
315'
20'
325'
'1 WEBER ROAD
PLAT OF
BRATTON PLACE - UNIT 2
BEING 2141 ACRES OUT OF LOT 2, BYRON WILLIS SUBDIVISION
CORPUS CHRISTI. NUECES COUNTY, TEXAS
25' Et
DEceMeeR ,11, 1970.`
MR. SAM ALLEN
-3230 RE ID DRIVE ,.,'..
•CORPUS, •CHR I8TI, TEAAs j$O!
k Y
DEAR�MR- ALLtNy a -
IINOW, THE CITT LICOUNCUL AUTHORISED SY ORDINANCE TFIE SUBSTI-
TUVE UTILITY' - EASEMENT 119 PER, YOUR. REQUESTED EXCHANGE FOR CI-TY ABANDONMENT:•
OF THE - :OTHEa - EASEMENT: •-
-Yo WI'LI:'NOTE •THAT ON THE - O_RIGINAL' AND- .TWO COPIES: OF THE SUB -
ATITUTE. "UTILITY EASEMENT,- ENCLOSED, I HAVE MADE TWO- 'MINOR CHANGES +IN THE
'.° DESCRI,PTIONS, BOYK BEING CHANGED tlPASS ° :TO.• .•"PAST ",'AND 1 HAVE ADDED IN
THE LAST LINE ON THE FIRST- PAGE- THE -.WORD °OVER , .T0' CONFORM THE, EASE
MENT DESCRIPTION GRANTED IN THE FIRST PARAGRAPH,- .WHICH -YOU, WILL NOTE
":READS 'A8 FOLLOWS:-'. 'GOING' IN,`ON,.OVER,.UNDER, AND ALONG A- CERTAIN - :TRACT,
OF LAND. ° PLEASE PLACE 'YOUR INTITALS, SLA, AND THE. DATE OF"INITIAL.'
NG IN THE NARGIN VMERE THE- CORRECTIONS HAVE BEEN . MADE, AS- -I HAVE - 'DONE, ON
THE ONIGINAL AND THE COPI,EB, AND RETURN TO US IN. ORDER- THAT-.THE INSTRUMENT
-_;
MAYBEI- FI LED OF RECORD AND THAT YOU WILL- THEREBY- ACTUALLY DBTAIN °YOUR,
:EASEMENT AS` OF THAT DATE.
VERY - TRULY YOURS,
:_.
JANES`R. "RICCB.'.
CITY- ATTORNEY
ENCLOBUaes
':CC'II LARRY :WENGER'
' J -IMMY LONTOR