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HomeMy WebLinkAbout13294 ORD - 07/21/1976JHH:vp:7 /20/76 ;ist. AN ORDINANCE ABANDONING A 10 -FOOT UTILITY EASEhIEU ABUTTING LOTS IA, 1B, 1C AND 2A, BLOCS 3, GARDENDALE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE RELOCATION, AT THE APPLICANT'S EXPENSE, OF A 2 -INCH GAS LINE IN THE EASEMENT AND DEDICATION OF AN ALTERNATE EASEMENT THEREFOR; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, there exists a certain 10 -foot utility easement abutting Lots lA, 1B, 1C and 2A, Block 3, Gardendale, in the City of Corpus Christi, Nueces County, Texas, as shown by a map which is recorded in Volume 18, Page 40, Map Records of Nueces County, Texas, in the City of Corpus Christi, Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement, subject to the relo- cation, at the applicant's expense of a 2 -inch gas line in the easement and dedication of an alternate easement therefor: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 10 -foot utility easement abutting Lots lA, 1B, 1C and 2A, Block 3, Gardendale, in the City of Corpus Christi, Nueces County, Texas, as shown on the plat thereof recorded in Volume 18, Page 40, Map Records of Nueces County, Texas, and more particularly described here- inafter, be and the same is hereby closed and abandoned for public use and every municipal purpose, subject to the relocation, at the applicant's expense of a 2 -inch gas line in the easement and dedication of an alternate easement therefor, 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: BEING a 10 foot wide utility easement, the centerline of which is on the common boundary line between Lots 1A, 1B, 1C and Lot 2A Block 3, Gardendale, a map of which is recorded in Volume 18, Page 40, Map Records of Nueces County, Texas which centerline is also on the common boundary line between said Lot 2A and the remaining portion of Lot 1, Block 3, a map of which is recorded in Volume 8, Page 21 Map Records of Nueces County, Texas: BEGINNING at a point on the Southwest right -of -way line of Bonner Drive and the Northeast boundary line of said Lot 1C, for-the North corner of this tract, from which point the North corner of Lot 1C and the intersec- tion of the Southwest right -of -way line of Bonner Drive with the Southeast right -of -way line 'of Everhart Road, bears North.610 00' 40" West 95.45 feet; MICROFILMED,, ON 16 1980 THENCE South 610 00' 40" East, with said Northeast boundary line of Lot 1C and the Southwest right —of —way line o£.Bonuer Drive, at 5.0 feet pass.the East corner of Lot 1C and the North - corner of said Lo't•2A and continuing with the Southwest right —of —way line of Bonner Drive and*, the Northeast boundary line of Lot 2A in all a distance of 10.0 felt for the East corner of this tract; THENCE South 280 59' 20" West 295.0 feet to a point on the common boundary line between said Lot 2A, Block 3, Gardendale and Lot 19,'Block 3, Gardendale, a map of.which is recorded in Volume 8, Page 21, Map Records of Nueces County, Texas for the South corner of this tract; THENCE North 610 00' 40" West at 5.0 feet pass the" common boundary line of said Lots 1 and 2A in all a dis- tance of 10.0 feet for the TTest corner of this tract; THENCE North 280 59' 20" East at 98.0 feet pass the common boundary line between Lots I and IA, at 160.0 feet pass the common boundary line of Lots lA and 1B, at 214.73 feet pass the common boundary line of Lots 1B and 1C, in all a distance of 295.0 feet to the POINT OF BEGINNING and con- taining 2949.91 square feet of land. 1p 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 abandoning of the aforesaid easement 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, end 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 -2- and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the �gjday of July, 1976. ATTEST: any, C Se�tary MAYOR TNE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ;Ie DAY OF JULY, 1976: J. BRUCE AYCOCK, City Attorney Assistant Ci torney Y CORPUS CHRISTI TEXAS Al D OF �9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NEf ESSITY 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. RESPECTFULLY, MAYOR THE C17Y OF CORPUS CHRISTI, T S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY Af GABE LOZANO, SR. EDWARD L. SAMPLE 1 THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: JASON LUBY t DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE