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HomeMy WebLinkAbout13361 ORD - 08/25/1976JKR:hb:8 /25/76:lst AN ORDINANCE CLOSING AND ABANDONING THE EXISTING 5 -FOOT UTILITY EASEMENT ON THE EAST SIDE OF LOT 9, FALLINS RIVER- SIDE SUBDIVISION, AND ALL OF THE 10 -FOOT UTILITY EASEMENT ON THE WEST SIDE OF LOT 1, WINDBLOWN ACRES SUBDIVISION, EXCEPT FOR THE MOST SOUTHERLY FIVE FEET, SUBJECT TO D CATION OF ALTERNATE EASE - NMI, BY REPLATTI Y SEPARATE INSTRUMENT BY THE OWNERS; PROVIDING FrR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, there exists a certain five -foot utility easement on the east side of Lot 9, Fallins Riverside Subdivision, and a 10 -foot utility easement on the west side of Lot 1, Windblown Acres Subdivision, as shown by map or plat of record in Volume 28, page 66, Map Records, Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advan- tageous to the City of Corpus Christi to abandon the easements as herein- after more fully described, subject to dedication of alternate easements by replatting and by separate instrument by the owners: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the five -foot utility easement on the east side of Lot 9, Fallins Riverside Subdivision, and the 10 -foot utility easement on the west side of Lot 1, Windblown Acres Subdivision, be and the same are hereby closed for public use and every municipal purpose, save and except for the following described portion of the 10 -foot utility easement out of Lot 1, Windblown Acres Subdivision: BEGINNING at a point in the southerly right- of-way line of UpRiver Road, said point being the north- west corner of Lot 1, Windblown acres, Unit 1, as -shown by map of record in volume 28, page 66, Map Records, Nueces County, Texas; Thence S. 53° 45' 20" E. along the southerly right -of -way line of said UpRiver Road a distance of 10.0 feet to a point which is the northeast corner of a 10.0 foot utility easement as shown by abovementioned map of record; Thence S. 36° 10' 50" W. along the southeasterly boundary line of said easement a distance of 189.52 feet to a point in the northerly boundary line of a 5.0 foot utility easement as shown by said map of record; MICROFILMED JUN 1 71980 3361_ Thence N. 54° 19' 20" W. a distance of 10.0 feet to a point in the northwesterly boundary line of said Lot 1; Thence N. 36° 10' 50" E. along the northwesterly boundary line of said Lot 1, a distance of 189. 52 feet to the place of beginning, and containing 0.0435 acres of land, more or less, (�� subject to dedication of alternate easements by replattiinngAby separate x o "- instrument by the owners, and the aforesaid closed easements are 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. SECTION 2. If for any reason any section, paragraph, sub- division, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction if 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, sub- division, 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 easements creates a public emergency and an imperative public necessity requiring the sus- pension 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and of r its passage, IT IS ACCORDINGLY SO ORDAINED this the day of , 1976. ATTEST: City Secretary MAYOR no- THE CITY OF CO US CHRISTI, TEXAS APPROVED:�DAY Ox 1976: J. B CE AYCOCK, CI TTORNEY By. Assistant City Athorne3ff CORPUS CHRISTI, TEXAS ✓% Aok DAY OF 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 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 FID• lul THE CITY OF CORPUS UISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE ..�/ THE ABOVE ORDINANCE WAS PASSED BY TN FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE