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Home My WebLink About12345 ORD - 10/30/1974 (2)' 0 JRR:EG :hb:10 /10 /74:1'st C] AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE OWNERS OF COUNTRY CLUB TOWNHOUSES; WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF THE SAME AS IF WRITTEN HEREIN; AND ACCEPTING FOR DEDICATION A PUBLIC UTILITY EASEMENT AS DESCRIBED IN THE ATTACHED EXHIBIT "1 "; ABAN- DONING THE EASEMENT DEDICATED BY PLAT OF LOT 19, BLOCK 40, COUNTRY CLUB ESTATES UNIT 9A RECORDED IN VOL. 38, PAGES 6 AND 7, NUECES COUNTY MAP RECORDS; RECOGNIZING THE ENCROACH- MENT DESCRIBED IN THE ATTACHED EXHIBIT "1 "; ACCEPTING A HOLD HARMLESS FROM THE OWNERS OF SAID ENCROACHMENTS; COVENANTING NOT TO REMOVE SAID ENCROACHMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed to execute an agreement with the owners of Country Club Town- houses, providing for the dedication by the said owners of Country Club Townhouses of a utility easement in Lot 19, Block 40 Country Club Estates Unit 9A, contiguous with a portion of the southwest boundary line of a 10 -foot wide tract of land for easement described in Volume 1220, page 265 of the Deed Records of Nueces County, and providing for acceptance by the City of Corpus Christi of the said easement, all as more fully set forth in the Agreement, a copy of which is attached hereto as Exhibit "1" and made a part hereof; abandoning the easement dedicated by plat of Lot 19, Block 40, Country Club Estates Unit 9A recorded in Vol. 38, pages 6 and 7, Nueces County Map Records. SECTION 2. The necessity to execute the attached Exhibit "1" 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 and 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, having requested the suspension of the Charter rule and that this ordinance 12345 0 EXEC. ASST • take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this thaL-�day of 1974. IC Iko �,�/�,, THE CITY OF CORPUS CHRISTI, TEXAS AP ROVED: DAY OF DC' " " " 1974: City Attorney THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NIIECES X WHEREAS, the City of Corpus Christi is the owner of a variable width utility easement in Country Club Estates Unit 9 -A, said easement consisting of two adjacent nonparallel approximate ten -foot utility easements, one such ten-foot utility easement dedicated by instrument recorded in Volume 1220, Page 265, Nueces County Deed Records, and an adjacent ten--foot utility easement dedicated by plat of Lot 19, Block 40, Country Club Estates, Unit 9 A. recorded in Volume 38, Pages 6 and 7, Nueces County Map Records; and WHEREAS, there are currently certain encroachments upon the aforesaid utility easements, said encroachments as described hereinafter and as depicted on the attached plot plan, marked Exhibit "A" and in- corporated herein by reference, the same as if written herein; and WHEREAS, for and in consideration of the dedication of the utility easement described in paragraph 2 hereof, the City of Corpus Christi will abandon the hereinabove described utility easement dedicated by plat of Lot 19, Block 40, Country Club Estates,IInit 9A, recorded in Volume 38, Pages 6 and 7, Nueces County Map Records; and WHEREAS, it is the desire of the City of Corpus Christi and the property owners adjacent to the aforesaid utility easements to protect the utility easements owned by the City, and hold City harmless for utilizing said easements while at the same time acknowledging the existence of said encroachments and committing City not to require removal of said encroachments; NOW, THEREFORE, for and in consideration of the payments, covenants, and agreements herein, do the City of Corpus Christi, a home rule city and body politic under the laws of the State of Texas, hereinafter called "City" and Country Club Townhouses, a joint venture of the Peerman Corporation and Crown Service Corporation, owner of Country Club Townhouses, Country Club Estates, and Corpus Christi Savings and Loan Association, hereinafter referred to as "Owner ", covenant, "C-xq / d/ % y agree and contract, as covenants running with the land, as follows: I. Owner agrees to pay the City of Corpus Christi Ten Dollars ($10), the receipt of which the City hereby acknowledges. 2. The owner hereby dedicates for public utility purposes an easement and City accepts said easement for such purposes, the following described tract, which tract is depicted in red on the plot plan attached hereto as Exhibit "A" and made a part hereof the same as if written herein; to -wit: FIELDNOTES for an 8.50 wide tract of land for easement situated in Lot 19, Block 40- Country Club Estates Unit 9 -A as shown by map recorded in Volume 38, Pages 6 and 7 of the Deed Records of Nueces County, Texas, and being contiguous with a portion of the south- west boundary line of a 10' wide tract of land for ease - went described in Volume 1220, Page 265 of the Deed Records of said county: BEGINNING at a point in the southerly boundary line of Lot 17, Block 40 Country Club Estates Unit 9 -A as shown by map of record filed in Volume 32, Page 144 of the Map Records of saia county for the northwest corner and POINT OF BEGINNING of this tract whence the south or southwest corner of Lot 17 bears S 74 °46'33" W 1-0.06'; THENCE S 60 °58'15" E. along the southwest boundary line of an existing 10' wide easement heretofore described, 180.50' to the northeast corner of this tract; THENCE S 74 046'33" W 12.18' to.the southeast corner of this tract; .THENCE N 60 058115" W 180.50' to a point in the southerly boundary line of said Lot 17,.Block 40 Country Club Estates Unit 9 -A for the southwest corner,of this tract; THENCE N 74 046'33" E along said southerly boundary line 12.18' to the POINT OF BEGINNING. 3. For and in consideration of the hereinabove dedication, the City herewith by these presents forever abandons that utility easement dedicated by plat of Lot 19 Block 40, Country Club Estates, Unit 9A; recorded in Volume 38, Pages 6 and 7, Nueces County Map Records, and said utility easement shall revert to the adjacent property owners, subject to the hereinabove dedication. -2- 4. The City recognizes the encroachments into the herein- above described utility easements detailed on the attached Exhibit "A" and described more particularly as follows, which description includes the corners of three (3) buildings of the Country Club Townhouses, a single - family brick residential building, and a swimming pool all being recognized as encroachments and presently overlapping said easements in whole or in part and said swimming pool and residence overlapping a buried 12 -inch City sanitary sewer line or its easement lawfully in place prior to the erection of the said buildings and swimming pool. Desertion No.l (slab of single family residential building) BEGINNING at the Southeast corner of Lot 17, Block 40, Country Club Estates Unit 9A; THENCE 5.74° 46.' 33" W, 57.'78 feet, along the south boundary line of said Lot 17 to the intersection of said lot line and said existing 12" sanitary sewer, which point of intersection bears S 60° 58' 15 "E, 4.5 feet from an existing sanitary sewer manhole, THENCE S 600 58' 15" E, along said sanitary sewer line, 141.25 feet, to the POINT OF BEGINNING of this segment; THENCE continuing along said sanitary sewer line, S 60° 58' 15" E, 19 feet to the end of this segment. Description No. 2 (swimming pool) BEGINNING at the southeast corner of Lot 17, Block 40, Country Club Estates 'Unit 9A; THENCE S 74° 46' 33" W, 57.78 feet, along the south boundary line of said Lot 17 to the intersection of said Lot line and said existing 12" sanitary sewer, which point of intersection bears S 60° 58' 15" E, 4.5 feet from an existing sanitary sewer manhole; THENCE S 600 58' 15" E, along said sanitary sewer line, 66 feet to the POINT OF BEGINNING of this segment; THENCE continuing along said sanitary sewer line, S 600 58' 15" E, 39.50 feet to the end of this segment. -3- 5. The owner agrees to release and hold harmless the City from any and all claims, damage, liability, or injury which Owner or anyone claiming ownership or the right of use and occupancy under Owner to any of that property described herein as encroachments might assert and which arise from the City's right to use and maintain and from the City's lawful use and maintenance of the herein described utility easement and from and by reason of such encroachment thereon; and Owner agrees to defend City against any and all claims, demands or lawsuits made or brought therefor. 6. City hereby covenants that it will not require the removal of said hereinabove described encroachments so long as this agreement and its covenants are duly performed by owner, his, its or their successors, grantees, representatives, assignees, and estates. The acknowledgment of these encroachments, and allowing their existence, in no way is to be construed as a waiver of any City rights in the easements or an acceptance by the City of any liability for maintaining, operating, constructing, reconstructing, or working on, any utility within said easements. This agreement and the covenants herein are binding on the City and its successors in title and upon the Owner, his, its, or their successors, grantees, tenants, assignees, beneficial parties in interest and persons in possession thereunder and constitute covenants running with the land. WHEREFORE, WITNESS OUR HANDS binding the respective parties, this the day of , 197_, in duplicate originals. ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend -4- APPROVED: DAY OF , 1974: COUNTRY CLUB TOWNHOUSES OWNER: City Attorney ATTEST: ATTEST: By Peerman Corporation CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION By THE STATE OF TESAS X COUNTY OF NOECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19_ -5- Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NOECES X BEFORE ME, the undersigned authority, on this day personally appeared , of the known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said , a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 Notary Public in and for Nueces County, Texas YRUAN ENGINEERING CORPUS CMRISY1, T[XA6 "365@1 PO sox 6266 7106 6- ALAM60A May 20, 1974 STATE Of 'GEXAS COUNTY OF NUECES Job No. 710s -B FIELDNOTES for an 8.50 wide tract of land for easement situated in Lot 19, Block 40 Country Club Estates Unit 9 -A as shown by map recorded in Volume 38, Pages 6 abd 7 of the Deed Records of Nueces County, Texas, and being contiguous with a portion of the south- west boundary line of a 101 wide tract of land for ease- ment described in Volume 1220, Page 265 of the Deed Records of said county BEGINNING at a point in the southerly boundary line of Lot 17, Block 40 Country Club, Estates Unit 9 -A as shown by map of record filed in Volume 32, Page 144 of the -Map Records of saia county for'the northwest corner and POINT OF BEGINNING of this tract 'whence the south or southwest corner of Lot 17 bears S 74. °46'3311 W 110.061; line THENCE S easementeheretofore described, 180.50' to the northeast corner of this tract; THENCE S 74 04613311 W 12.181 to,the southeast corner of this tract; THENCE N 60 0581151' W 180.50' to a point in the southerly boundary line of said Lot 1'J, Block 40 Country Club Estates Unit 9 -A for the southwest corner of this tract; THENCE N 74 04613311 E along said southerly boundary line 12.18' to the POINT OF 6EGINNING: URBAN ENGINEERING R. R. Teasd€,le, P.E. /ibk -':•ti- te a.. '.- � -� _;:>:s.4 :.mi=x .•_ —:4 Corpus Christi, Texas 0 30� y 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 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 1�_W' � Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fo owing vote: Jason Luby James T. Acuff Rev.'Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark