HomeMy WebLinkAbout13795 ORD - 06/15/19770 jkh:6- 15 -77; 1st
AN ORDINANCE
CLOSING AND ABANDONING FIVE FEET OF A TEN -FOOT UTILITY
EASEMENT IN LOT 13A, BLOCK 7, WESTERN HILLS UNIT 2,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, SUBJECT TO EXECUTION OF AN AGREEMENT BY THE BUILDER
OF A HOUSE ON THE LOT TO HOLD HARMLESS THE CITY FOR ANY
DAMAGES TO IMPROVEMENTS ON THE LOT INCURRED BY REASON OF
MAINTENANCE AND SERVICE ON A GAS.UTILITY LINE IN THE
REMAINING FIVE FEET OF THE EASEMENT; PROVII)ING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
•
WHEREAS, there exists a certain 10 -foot utility easement in Lot 13A,
Block 7, Western Hills Unit 2, as shown by map or plat thereof recorded in
Volume '41, page 43, Map Records, 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 five feet of the said ten -foot
utility easement, subject to the execution of an agreement by the builder
of a house on the lot to hold the City harmless for any damages to improve-
ments on the lot incurred by reason of maintenance and service on a gas
utility line in the remaining five feet of the easement:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the following described five -foot easement
out of the existing ten -foot utility easement in Lot 13A, Block 7, Western
Hills Unit 2, be and the same is hereby closed for public use and every
municipal purpose, subject to the execution of an agreement by the builder
of the house on the lot to hold harmless the City for any damages to improve-
ments on the lot incurred by reason of maintenance and service on a gas
utility line in the remaining five feet of the easement:
Being a five -foot wide utility easement out of Lot 13A,
Block 7, Western Hills Unit 2, a map of which is recorded
in Volume 41, page 43, Map Records of Nueces County, Texas:
BEGINNING at a point on the southwest right -of -way
line of Chamizal Street, same being the northeast boundary
line of said Lot 13A for the north corner of this easement
from which corner the north corner of said Lot 13A bears
N 52029' 37" W 5.0 feet;
THENCE S 52029'37" E, with the southwest right --of -way
line of Chamizal Street, along the northeast boundary line
of said Lot 13A, 5.0 feet to a point for the upper east cor-
ner of this easement;
MICROFILMED0
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THENCE S 37029'38" W, along the southeast boundary line
of an existing 10.0 foot utility easement, parallel with the
northwest boundary line of said Lot 13A, 115.00 feet to a
point for the south corner of this easement;
THENCE N 52029'37" W 5.0 feet to a point for the lower
west corner of this easement;
THENCE N 37029' 38" E, parallel with said northwest
boundary line of Lot 13A thereof and 5.0 feet distant there-
from, measured at right angles thereto, 115.00 feet to the
POINT OF BEGINNING.
and the same is 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, 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 closing of the portion of the aforesaid
easement creates a public emergency and an imperative public necessity
requiring the suspension of the Charter rule that no ordinance or resolu-
tion 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 after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the X54 day of June,
1977.
ATTEST:
Secretary
APPROVED:
DAY OF JUNE, 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
BY _ /Q 6W"
/
Assistanto Attorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, xas
Aday of 19V—
TO THE ME14BERS 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 suspension 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 ordinance
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 th following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
r-�— Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz _
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
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