HomeMy WebLinkAbout11172 ORD - 11/15/1972JRR:e:11/15/72
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AN ORDINANCE
CLOSING AND ABANDONING TO DAVID S. ENGEL A PORTION
OF A TEN (10) FOOT UTILITY EASEMENT, WHICH HAD
PREVIOIISLY BEEN DEDICATED TO THE CITY, OVER BLOCKS
13 AND 17 OF THE J. C. RUSSELL FARM BLOCKS; PROVIDING
THAT AN ALTERNATE EASEMENT BE DEDICATED BY SEPARATE
INSTRUMENT; PROVIDING THAT THE ABANDONMENT BE SUBJECT
TO THE RELOCATION OF ALL UTILITY LINES LOCATED IN THAT
PORTION TO BE ABANDONED AT THE APPLICANT'S EXPENSE;
A COPY OF THE INSTRUMENT OF DEDICATION AND ABANDONMENT
BEING ATTACHED HERETO, MARKED EXHIBIT 'W', AND MADE A
PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING
AN EMERGENCY.
WHEREAS, there exists an easement over Blocks 13 and 17 of the
J. C. Russell Farm Blocks, which easement was granted to the City of Corpus
Christi by Guaranty Title and Trust Company, at al, by instrument dated
November 9, 1959, recorded in Volume 902, Page 448; and
WHEREAS, a portion of Block 17 of said J. C. Russell Farm Blocks
was replatted into Lots 1, 2 and 3 of Corpus Christi Industrial District,
and Lot 3 of Corpus Christi Industrial District, along with a portion of
the remainder of Block 17, J. C. Russell Farm Blocks, was replatted into
Lot 3A, Block 7, Corpus Christi Industrial District; and
WHEREAS, said easement originally granted over Block 17 of J.C.
Russell Farm Blocks now runs across Lot 3A, Block 7, of Corpus Christi
Industrial District; and
WHEREAS, it has been determined that it is feasible and advantageous
to the City to abandon the easement hereinabove described to the owner of
Lot 3A, Block 7, Corpus Christi Industrial District, subject to the dedication
of an alternate easement by said owner, and the relocation of all utility
lines located in that portion of the existing easement which is to be
abandoned:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That that portion of the easement granted to the City
by Guaranty Title and Trust Company over Blocks 13 6 17, J. C. Russell Farm
Blocks, which now runs across Lot 3A, Block 7, of Corpus Christi Industrial
District, be and the same is hereby abandoned to the owner of the property,
David S. Engel, subject to the dedication by David S. Engel of an alternate
easement to the City of Corpus Christi. This abandonment will become
effective upon completion of the relocation,at the expense of David S. Engel,
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of all utility lines presently located in that portion of the easement
to be abandoned by the City, said utility lines to be relocated in said
alternate easement.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction,
it shall not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its
purpose.
SECTION 3. The fact that the public convenience and necessity would
be better served by the closing of the aforesaid easement creates a public
emergency and imperative public necessity requiring the suspension of the
Charter rule that no ordinance or resolution shall be passed finally on the
date of its introduction but that such ordinance or resolution shall be read
at 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 5� day of
November, 1972.
ATTEST: c 1
City Seer to MAYOR 14- M
THE CITY OF CORPUS CHRISTI, TEXAS
APVED
/ OF NO ER, 972:
/�
-city At -ey
�N:bhs 10 -5 -72 •
SUBSTITUTE UTILITY EASEMENT AND AGREEMENT
THE STATE OF TEXAS S
COUNTY OF NUECES S
WHEREAS, the City of Corpus Christi, Texas is now the owner and
holder of a 10 -foot utility easement over Farm Blocks 13 and 17 of
the J. C. Russell Farm Blocks by virtue of an easement from Guaranty
Title and Trust Company, et al, to the City of Corpus Christi, Texas,
dated November 5, 1959, recorded in Volume 902, Page 448, of the Deed
Records of Nueces County, Texas, all of which is more fully described
in said instrument, a reference to which is hereby made and the same
is made a part hereof; and
WHEREAS, David S. Engel is the owner of a portion of Farm Block 17
of the said J. C. Russell Farm Blocks, such portion being known and
described as Lot 3, Block 7, of the Corpus Christi Industrial District,
a subdivision of the City of Corpus Christi, Texas, as shown on map or
plat of record in Volume 27, Page 29 of the Map Records of Nueces
County, Texas; and
WHEREAS, David S. Engel has requested the City of Corpus Christi,
Texas, to accept a substitute route for such easement as such applies
to said Lot 3, Block 7, so that said easement does not cross said Lot 3,
Block 7, and to induce the acceptance of such request, has agreed to
provide such substitute route along and across Lot 3A, Block 7, of
said Industrial District, which adjoins said Lot 3, Block 7, and to
re -route and relocate the existing utilities located within said
easement as the same cross said Lot 3, Block 7; and
WHEREAS, the City of Corpus Christi, Texas, has agreed to such
request as so conditioned.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That DAVID S.
ENGEL, for and in consideration of the release and abandonment herein-
after referred to, does hereby grant and convey unto the CITY OF
CORPUS CHRISTI, TEXAS, its successors and assigns, a ten foot (10')
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utility easement along the south and the east property line of Lot
3A, Block 7, Corpus Christi Industrial District, as filed in Volume
32, Page 22, Map Records of Nueces County, Texas, said lot and utility
easement being described as follows, to -wit:
BEGINNING at a point on the west property line
of Lot 3A, Block 7, Corpus Christi Industrial
District. Said point also being the southwest
corner of said Lot 3A.
THENCE: North, 10.0 feet along the west pro-
perty line of Lot 3A, to a point.
THENCE: East, 115.0 feet to a point.
THENCE: North, 10 feet from and parallel to
the east line of Lot 3A, a distance of
190.0 feet to a point on the south line
of an existing 10 foot utility easement.
THENCE: East, along said south line of an existing
10 foot easement, 10 feet to the east pro-
perty line of Lot 3A.
THENCE: South, 200.0 feet to a point in the south-
east corner of Lot 3A.
THENCE: West, along the south property line of
Lot 3A, 125 feet to the west property line
and the place of beginning.
The rights herein granted to the City of Corpus Christi, Texas,
shall be the same as those stated in the above described easement.to
said City from Guaranty Title and Trust Company, et al, dated
November 5, 1959, recorded in Volume 902, Page 448, of the Deed
Records of Nueces County, Texas.
TO HAVE AND TO HOLD the said easement unto said CITY OF CORPUS
CHRISTI, TEXAS, its successors and assigns, and DAVID S. ENGEL binds
himself, his heirs and assigns, to warrant and forever defend all
and singular the said premies unto the CITY OF CORPUS CHRISTI, TEXAS,
its successors or assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the CITY
OF CORPUS CHRISTI, TEXAS, in consideration of the grant of the above
stated utility easement, does hereby release, relinquish and abandon
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the above described utility easement which it acquired from the
Guaranty Title and Trust Company, et al, dated November 5, 1959,
recorded in Volume 902, Page 448, of the Deed Records of Nueces
County, Texas, INSOFAR AND ONLY INSOFAR as said easement applies to
Lot 3, Block 7, Corpus Christi Industrial District, a subdivision
in the City of Corpus Christi, Texas, as shown on map or plat of
record in Volume 27, Page 29, of the Map Records of Nueces County,
Texas; PROVIDED, HOWEVER, that said release, relinquishment and
abandonment shall take effect only after the present utilities
located within said easement as it crosses said Lot 3, Block 7,
have been relocated and placed within the above described utility
easement across said Lot 3A, Block 7.
EXECUTED this the -., �-f' ' day of C�Lez. , 1972.
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Da rd S. Engel
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
By
Secretary
THE STATE OF TEXAS 5
COUNTY OF VICTORIA 5
is
BEFORE ME, the undersigned authority, on this day personally
appeared DAVID S. ENGEL, 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.
GIVE ER MY HAND AND SEAL OF OFFICE, this the
day of ���) ��� 1 , 1972.
Notary Public in and for
Victoria County, Texas
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THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally
appeared ,
known to me to be the person whose name is subscribed to the fore-
going instrument as
of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and
as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1972.
Notary Public in and for
Nueces County, T E X A S
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CORPUS CHRISTI TEXAS
AY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTIj 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 CHARTER 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; 1, 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.
RESPECTFU Y,
MAYOR pID Tern
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
- CHARLES A. BON NIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK ALL
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE� /L
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D. C
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR..
J. HOWARD STARK /('/ny__�