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Home My WebLink About15208 ORD - 10/31/1979TB:jkh:10-31-79;1st AN, ORDINANCE.' • CLOSING AND ABANDONING THE HEREINAFTER DESCRIBED'; PORTIONS OF UTILITY EASEMENT OUT OF LOT 26, BLOCK 1, 'JACKSON MOODS UNIT 2, RECORDED IN VOL. 42, PAGES 186, 187, MAP RECORDS, NUECES COUNTY, TEXAS, SUBJECT -- TO CONDITIONS AS SET FORTH HEREIN; AND DECLARING AN ' EMERGENCY. •.Y WHEREAS, there exists'a 7.50 -foot wide utility easement Block 1, Jackson Woods Unit 2, a map of which is recorded in Vol. 186 and 187, Map Records of 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 subjecttto certain conditions, hereinafter more fullyset forth: • - it NOW, THEREFORE, BE IT_ORDAINED BY THE CITY COUNCIL OF THE CITY OF 'CORPUS 'CHRISTI, TEXAS: , • - SECTION 1. That the hereinafter described portions of a utility easement situated in Lot 26, Block 1,•Jackson Woods Unit 2, situated in the City of Corpus Christi, Nueces County, Texas, be closed for public use and in Lot 26, 42, pages every municipal, purpose, and abandoned to the,owners of the abutting property, • in accordance with the laws -of thei.State of Texas, and for the service and interest•of the inhabitants,of the'City'of'Corpus Christi, said portions " to be abandoned:being more particularly_ described as follows:,:_ ti , -. • • sr, " f; FIELDNOTES for the closure of a^2;.'50 -,foot wide by 43;3 'foot long.' parcel out of -an existing 7,50 foot wide -utility easement"situated,5 ' in Lot '26, Block 1,`Jackson Woods Unit 27, a map of which is 'ecbrded : 'in Volume 42; Pages 186, 187, Map Records of• Nueces County, Texas:' i `.� ';. • ; 2 BEGINNING, at a .point -being a Southeastern tcorner 'of," 'story.. brick r,r•,,' ., house for'the,-East corner, of- this parcel fromwhich'-corner the East' ,,A. ``-corner of-said'Lot'!26"-bears Sou.th_63°53'40"-East 5,0a feet and.North: •'T '"' 26°06'20"East 53,2 feet; n•.114 • t; "' k, °06"20" 'Wet 43-3 feet to a. point for'the'Sou:th 7 same' being the' South coiner of, a .1:story?,brick• • THENCE South 26 corner of this; tract house;, . . •A.t, THENCE: North '6 3 for corner; f :THENCE North 26 7,..50 foot wide u `;.' 'THENCE South containing' 108.25 • 53',404 West' for' a distance o'f 2:5 ,!--..f6e't .point °06'2O" East, along the Northwest lint'e of_ -an exist tility easementfe ,, 43.3 et to a •poinfor .corner; 63°53'40" East 2,50 feet t� the PLACE'0F BEGINNING,• square feet of land. ' _ , a: Prf _'and. • .i-5208, ,MICRQkt81 P M , er .fi f FIELDNOTES for the closure Of a 3.50 foot wide by 4.0 foot parcel out of an existing.7.50 foot wide utility easement situated in Lot 26,,Block 1, Jackson Woods Unit 2, a map of which is re- corded. in Volume 42, Pages 186•,` 187, Map Records of Nueces County, Texas : BEGINNING at a point being the East corner of an existing concrete air conditioner pad for the East corner of this parcel from which cor- ner the East corner of said Lot 26 bears South 63°53'40" East 4.00 feet and North 26°06'20" East 45.7 feet; THENCE South 26°06'20" West 4 feet to a point for corner; THENCE North 63°53'40" West 3.5 feet to a point for West corner this parcel. THENCE North 26°06'20" East, for a distance of 4.0' to a point for corner; THENCE South 63°53'40" East, for a distance of 3.5' to the PLACE OF BEGINNING, containing 14.0 square feet of land. Said closing and abandonment to be subject to the contract under which a party other than the City agrees to place a sewer line along the east side of Lot 26, Block 1, Jackson Woods Unit 2, from the stub out behind the curb to the north property line of said Lot 26, Block 1, Jackson Woods Unit 2, and to the owners of the above described property waiving any claims against the City of Corpus Christi by virtue of construction, operation and mainte- nance of said sewer line. 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 above described portions of easement in Lot 26, Block 1, Jackson Woods Unit 2, 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 f that such emergency and necessity exist, 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 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the3/s4" day of October, 1979. ATTEST: City Secretary MAYOR / APPROVED: 'TRE CITY Sin DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Astaat City Atto1ney CORPUS CHRISTI, TEXAS tO'U.EA • LOCATION MAP 25 ATLANTA 5T. SCALE: "'L_IC'L UP RIVER ROAD (Go. N o-V\i) FO. $/g'LR. S63°53'40"E , 70.Oc,' L.C)• I 25 (5 0 61 iv 0 O O Q C'UNL. DRIVE —r U.� LOT 26 7.5'u.E BLOCK `FD. (10'U.E. —Y LOT 27 W\ 2.5\\ N�5.5' COVERED 12.6' " •. 24.0. ., CONI. •' 1^EtaiE.a1vC'E 2/CONC! • WALK NOTE. HOUSE ,OVER EA SE M ENT N63°53' 40"VJ 45.50' t FD 5/^ I.R. A.04.53'43° T= /.4B' P=34.60' t -Z.95' 10613 ATLAN-1-A (so R -0-v4) D 541. 1, o �R gtiA¢S N/9°0803 & CURVE DATA h=45°14' 23" R - 34.50' 1 -14.37' • L.= 2-1.24' SCALE: I"=. ?O' SURVEY OF BLO C. K I i ACK SON WOOD IJNH 2 WE, MAVERICK ENGINEERING COMPANY, HAVE ..MADE A SURVEY ON THE GROUND OF THE FOREGOING PROPERTY AND WE CERTIFY THAT THERE ARE NC) VISlP.1 F - MANMADE tNCFIC)PCI•{ VENTS EXCEp fry SHOWN BY: /LGI n. 14 44-1 IJUECU- COUNTY, TEXAS • VOL. ' •PAGE16('-15YDATE E -21f1977 • MAVERICK EPTGINEERIIVG COMPANY . V P.-.,. FI trllCfi,: L HAAS - 2033 Gt S't.0 ST Rt'a-•� GF NO 374104 CI. E-3 DATE `a 21-79 JOB NO CIc7.59 DRN: 1' "• CKD_ wxac oxaara r 'ssnaidszt AGREEMENT TO CONSTRUCT 8" SANITARY SEWER LINE FOR AND IN CONSIDERATION of the City of Corpus Christi abandoning the west 2 1/2 feet of sanitary sewer easement through Lot 26, Block 1, Jackson Woods Unit #2, a subdivision in the City of Corpus Christi, Nueces County, Texas, as more specifically described in Ordinance No. 15208 and exhibits attached thereto, adopted by the City Council on October 31, 1979, Jcnco Builders, Inc., agrees to construct, within forty-five (45) days from execution hereof, an 8 -inch sanitary sewer line at no expense to the City of Corpus Christi and within the remaining 12 1/2 feet of said easement in, through and upon Lots 26 and 27, Block 1, Jackson Woods Unit 02, a sub- division in Corpus Christi, Nueces County, Texas, as shown on the attached exhibit, marked "A". Plans and specifications for construction of said line shall be approved by the City of Corpus Christi prior to the start of con- struction. During and upon completion of construction, the line shall be subject to inspection and acceptance by the City of Corpus Christi. As additional consideration for said abandonment, Jonco Builders, Inc., agrees to and does hereby indemnify the City of COrpUS Christi against any claim arising out of the construction of said sanitary sewer by Jonco Builders, Inc. This agreement shall be binding upon the heirs, successors, and assigns of the City of Corpus Christi and of Jonco Builders, Inc. SIGNED this day of , 1979., ATTEST: JONCO ' BUILDERS, INC. By . %- /add%�'Gt� Secretary ATTEST: City Secretary A R4D: V/G `1979: DAY OF/[i J. BRUCE AYCOCK, CITY ATTORNEY CITY OF CORPUS CHRISTI By� - Assistant City Manager City Atto/ney rector of Financ THE STATE OF TEXAS COI3NCY OF MCCE S BEFORE ME, THE UNDF-RSIGNID AUTHORITY, ON THIS DAY PERSONALLY APPEARED ARCHIE N. WALKER, Assistant CITY MANASER of THE CITY of CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPo6ATIO4, KNOWN TO NE TO DE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND COESIDENAT1ON THEREIN EX?RESFE1 AND IN THE,CAPA:ITY THEREIN STATED. GIVEN UNDER MY NAND AND SEAL Or OFFICE, THIS THE a 19_ - DAY OF NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME; the undersigned authority, on this day personally appeared John Mostella , known to me to be the person and - officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Jonco .: Builders, Inc. , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Notary Public in and for Nueces County, Texas My commission expires: I„ la (Am./ x. Lir 2 7 I .- vdt7 7/. "3",` EL . 7/. L¢ 7\7 ---- "------_--, fr- L. 61,,,a.:-.) 0 oci"WArE2 GIF %E tirries 6")/C / z r / J& kiS L/ 4r" (,0 Co 2.76 �p X74 a liVC,1/"i c�' td) 6. 4 "^'--.tas,- L—,-E//5 - 4431-1 1 '!h) 5Ae716-17 / s i"ea.� v .x//71e "/- ✓ L /7 .6AsE/ch ��r -� )-7 c /76-6-00c/,/ 6 fe 6-e,.../p-; 9 / I AO Le. ..,1A1 J/ / -77 11 -L -/J WAIVER OF ANY SANITARY SEWER CLAIMS BY JAMES B. BREWSTER AND WIFE, BETTY M. BREWSTER FOR AND IN CONSIDERATION of the City of Corpus Christi abandoning the west 2 1/2 feet of sanitary sewer easement running between Lots 26 and 27, Block 1, Jackson Woods Unit #2, a subdivision in Corpus Christi, Nueces County, Texas, as more specifically described in Ordinance No. 15208 and exhibits attached thereto adopted by the City Council of the City of Corpus Christi on October 31, 1979, James B. Brewster and wife, Betty M. Brewster, agree to and do hereby waive any claims that they or their heirs or assigns might ever have against the City of Corpus Christi by virtue of the construction, operation, and maintenance of an 8 -inch sanitary sewer in the remaining 12 1/2 feet of the easement located between Lots 26 and 27, Block 1, Jackson Woods Unit #2, a subdivision in Corpus Christi, Nueces County, Texas, as shown on the attached exhibit marked "A" and made a part hereof. This agreement shall be binding upon•the heirs, successors and assigns of the City of Corpus Christi and James B. Brewster and wife, Betty M. Brewster. SIGNED this day of , 1979. ATTEST: ATTEST: City Secretary AP RO ED: ,,// DAY OF /1�, 1979: J. BRUCE AYCOCK, CITY ATTORNEY� By /// /7- ssistani• City Attorney Director of Finance . James B. Brewster Betty M. Brewster CITY OF CORPUS CHRISTI By Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ARCHIE N. WALKER,Assistant CITY Ma-r-A;=R OF THE CITY Or; CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KN0N4 TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIDED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECV7E D THE SAME AS THE ACT AND DEED or SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND coNs IDE.'.TION THEREIN _..?RES:c AND IN THE CAPACITY THEREIN STATED. DAY OF GIVEN UNDER MY 'HAND AND SEAL OF OFFICE, THIS THE 19 . THE STATE OF TEXAS 1 COUNTY OF NUECES NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared James B. Brewster and Betty M. Brewster , known to me to are be the personswhose name iac subscribed to the foregoing instrument, and they acknowledged to me that ixs executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Notary Public in and for Nueces County, Texas My commission expires: 1 0" i Loi- 2 7 /a ` a ,. Lor- /z6 L _Ack soh / *2 w �h { r --e1 71.3 t EG . 7/. L¢ G-4 L C / �f = 20 0 zo" ai476 ' L/h%E �`— x"C 6 2.70 A/07 -40i 1� . Akelch /5 a, lei. -.O /4 11';6 vcp 5/<e/c% '0r//C/ — . "267z - 1°7 a 0 a 1°7 4-4)*C01,4 a fe dk cPa/liv y a) ;It Pt '1-1-77 4IZ 1 • a •, Corpus Christi, Texas 30- day of , 19 9q1 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, MAYOR THE,CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend Luther Jones • Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: The above ordinance was pass by the following vote: Luther Jones Edward L. Sample 00!/ Dr. Jack Best %r David Diaz 'l Jack K. Dumphy 'r Betty N. Turner Cliff Zarsky dr,