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