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HomeMy WebLinkAbout13909 ORD - 08/31/1977M jkh:8- 30 -77; 1st AN ORDINANCE 1. CLOSING AND ABANDONING THE EXISTING 10 -FOOT BY 140 -FOOT UTILITY EASEMENT LOCATED ON LOT 19A, BLOCK 3,'GARDENDALE' SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. 0�1 WHEREAS, there exists a certain 10 -foot by 140 -foot utility easement, more fully described hereinafter, in Lot 19A, Block 3, Gardendale Subdivision, 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 Carpus Christi to abandon said easement: NOW, THEREFORE, BE IT ORDAINED`BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ` SECTION 1. That the hereinafter described 10 -foot by 140 -foot utility easement, be and the same i-s hereby closed for public use and every muni'cip'al-purpose, subject to replatting of the property by the owners thereof 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, Texas:* Being a 10.0 foot wide utility easement, situated in Lot 19A, Block 3, Gardendale Subdivision, a map of which is recorded in Volume 42, page 192, Map Records of Mueces County, Texas, and more fully described as follows: `BEGINNING at a point on the Southwest'Iine of an existing 5.0 foot utility easement out of said Lot 19A for the North corner of this description from which corner the North corner of -said Lot 19A bears North 28 °59'20" East 5.00 feat to a point on the Northeast- boundary line of said Lot 19A and with said Northeast line North 61 100140" West 95.81 feet; THENCE South 61 °00140" East, with said Southwest line of the existing 5.0 foot utility easement, 10.00 feet to the upper East corner of this description; THENCE South 28 °59'20" West 140.00 feet to the South corner, -of this description from which corner the South corner of said Lot 19A bears South 28 °59120" West 5.00 feet and South 61 °00'40" East 127.00 feet; THENCE North 61 °00140" West 10.00 feet to the lower West cor- ner of this description; THENCE North 28 °59'20" East 140.00 feet to the POINT OF BE- GINNING, containing 1,400.00 square feet of land. MICROFILMED JUL 071980 13909 c� 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 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, and the Mayor, having declared such emergency and necessity to exist, having requested the sus- pension 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 I;Ql t day of L3 0� 1977. ATTEST: City Secretary MAYOR THE _CITY OF CORPUS CHRISTI, TEXAS APPROVED: , This ordinance is DAY OF 1977: in effect f ?;( _, force with or without the signature of the Mayor, in J. BRUCE AYCOCK, CITY ATTORNEY accordance with Article II p d �n , �1��� Section 6 of the City Charter. gy Jc.�r 'Y/d�'I�( Assistant City Attorney • i Corpus Christi, Texas 3j a day 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 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, a f 13909 '" MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: > Jason Luby Eduardo de Ases �- David Diaz Ruth Gill Bob Gulley _ Gabe Lozano, Sr. _ Edward L. Sample The above ordinance was passed by the following vote: Jason Luby k', A. Eduardo de Ases David Diaz _ Ruth Gill _ Bob Gulley t!u✓i Gabe Lozano, Sr. Edward L. Sample f 13909 '"