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HomeMy WebLinkAbout12264 ORD - 09/11/1974-- r• ' ; '1 JRR:VMR :9- i1 -74; sr AN ORDINANCE AMENDING ORDINANCE NO. 11993, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 10, 1974, CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT IN LOT 2, PARKDALE VILLAGE ANNEX C, SO AS TO CORRECT THE DESCRIPTION OF SAID EASE- MENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, WHEREAS, ORDINANCE No. 11993 WAS ADOPTED BY THE CITY COUNCIL ON APRIL 10, 1974, WHEREBY THE CITY ATTEMPTED TO CLOSE AND ABANDON A 10 -FOOT UTILITY EASEMENT DESCRIBED THEREIN; AND WHEREAS, SAID ORDINANCE N0. 11993 DID ERRONEOUSLY OMIT THE CORRECT DESCRIPTION OF THAT PORTION OF SUCH UTILITY EASEMENT TO BE CLOSED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTI'O'N 1. THAT SECTION 1 OF ORDINANCE N0. 11993, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 10, 1974, BE AND THE SAME IS HEREBY AMENDED SO AS TO HEREAFTER READ AS FOLLOWS: "SECTION 1. THAT THE 10 -FOOT UTILITY EASEMENT LOCATED IN LOT 2, PARKDALE VILLAGE ANNEX C, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BE AND THE SAME IS HEREBY CLOSED FOR PUBLIC USE AND EVERY MUNICIPAL PURPOSE AND ABANDONED TO THE OWNERS OF THE ABUTTING PROPERTY, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND FOR THE SERVICE AND INTEREST OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI, TEXAS: BEING A 10-FOOT WIDE UTILITY EASEMENT SITUATED IN LOT 2, PARKDALE VILLAGE ANNEX C, A MAP OF WHICH IS RECORDED IN VOLUME 29, PAGE 12 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; BEGINNING at the most Westerly North corner of said Lot 2 and the most Westerly corner of Lot 1 of said Parkdale Village Annex C on the Southeast boundary line of Gollihar Road; THENCE South 58 °53'50" West, 60.72 feet to the point of curvature of a circular curve to the right which has a radius of 675.06 feet and continuing in a Southwesterly direction along said curve a distance of 47.95 feet; THENCE leaving said Southeast boundary line of Gollihar Road, South 31 °06'10" east , 131.60 feet; North 58 °53'50" East, 44.15 feet; South 31 °06'10" East, 101.83 feet for the most Northerly corner and PLACE OF BEGINNING of this ease- ment herein being described; 12264 THENCE South 31 °06'10" East, 75.00 feet for the most Easterly Southeast corner of this easement; THENCE South 58 °53'50" West, 10.00 feet for the most Southerly corner of this easement; THENCE North 31 °06'10" West, 75.00 feet for the most Westerly Northwest corner of this easement; THENCE North 58 °53'50" East, 10.00 feet to the POINT OF BEGINNING of this easement and containing 750.00 square feet of land. - SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISIONP 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 NECESSITY TO CORRECT THE DESCRIPTION OF THE 10 -FOOT UTILITY EASEMENT CLOSEDSAND ABANDONED BY ORDINANCE NO. 11993, AT THE EARLIEST POSSIBLE TIME CREATES A PUBLIC EMERGENCY AND AN 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 MAYDR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /DAY OF SEPTEMBER, 1974. ATTEST: CITY SECRETARY APP 0 D: DAY OF SEPTEMBER, 1974, CI AT ORNEY Sr. � MAYOR E CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas • day o f 1971 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 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; 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark