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HomeMy WebLinkAbout020980 ORD - 09/06/1990AN ORDINANCE CLOSING AND ABANDONING A 4 FOOT WIDE BY 28 FOOT LONG PORTION OF A 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 9, BLOCK 2, WOOD RIVER UNIT 1 SUBDIVISION; SUBJECT TO THE PROVISIONS LISTED BELOW. WHEREAS, there exists a 4 foot wide by 28 foot long portion of a 7.5 foot wide utility easement in Lot 9, Block 2, Wood River Unit 1 Subdivision, shown by plat in Volume 44, Pages 180-182, Map Records, Nueces County, Texas; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a 4 foot wide by 28 foot long portion of a 7.5 foot wide utility easement in Lot 9, Block 2, Wood River Unit 1 Subdivision, shown by plat in Volume 44, Pages 180-182, Map Records, Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, providing that applicants provide hold harmless agreements to the City of Corpus Christi and the utility companies within the easement for any damages that may occur; replace the concrete slab adjacent to the easement with a non -permanent walkway; and subject to the property being replatted at applicant's expense within 180 days of passage of this ordinance. The hold harmless agreement shall be contained in a covenant running with the land, which covenant shall be filed in the Deed Records of Nueces County, Texas. The covenant shall contain the following words:"The owners of the property located at Wood River Unit 1, Lot 9, Block '93- their heirs, successors, and assigns indemnify and hold harmless the City of Corpus Christi, its agents, employees, franchises, and contractors ("Indemnitees") for any and all damages, including but not limited to, property damage or damage to foundations, pool, or concrete decking, occurring due to constructing, maintaining, service, repairing, or inspecting said utilities, including damages caused by the sole negligence of Indemnitees" or such other language as approved by the City Attorney. The approved covenant must be filed in the Nueces County Deed Records before the Replat may be filed in the Map Records of Nueces County, 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 \ORD-RES\90113 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. ORD-RES\90113 That the foregoing ordinance was read for the first time and passed to its second reading on this the / day of�� , 19 `YD , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read to /its third reading on this the 19 // , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt I II l for the second time and day of ;i7i.�r;; f passed Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was react for the third timeand passed finally on this the L ' ' day of ;' t; , 19 , by the following vote: ' Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt PASSED AND APPROVED, this the ATT�T: &-)4(Qc City Secretary APPROVED: /3 DAY OF , AtAya,(. , 19 ?O : HAL GEORGE, CITY ATTORNEY By, 4 W`- a.A.A. Assistant City Attorney() 044 Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of ,4 , 19 THE CITY OF CORPUS CHRISTI -flttntU Zak, (dam tt):‘‘ ;!f CIIRNUS CHRISTI, TEXAS 5 POINTS PLAZA 4250 FIVE POINTS RD. SUITE 1 CORPUS CHRISTI. TEXAS 78410 Mr. Ruben Perez City Attorney's Office Corpus Christi, Texas HAND DELIVER October 18, 1990 Re: GF190-06-080 LS NW Lot 9, Block 2, Wood River Unit Corpus Christi, Texas OWNERS: Arthur Lee Morgan, Jr. BUYERS: Mark Edward Wheeler et Dear Mr. Perez: I (REPLAT) et ux Glenna Morgan ux Judy D. Wheeler PHONE [512] 241-D693 FAX [512] 241-0697 Enclosed please find the Declaration of Covenant you sent me for signatures last evening, signed by BOTH buyers and sellers, and notarized. Thank you for your assistance in getting this out to us. Our discount points on the Wheeler's loan increase on Monday, and we are already under the gun, Yours very truly, SAN AAC{NT0 TITLE COMPANY Lucille Skaggs Escrow Officer LS encls. DECLARATION OF COVENANT STATE OF TEXAS $ COUNTY OF NUECES $ BEFORE ME, the undersigned authority, on this day personally appeared both ARTHUR L. MORGAN and wife, GLENNA MORGAN, who after being duly sworn, each upon his or her oath states as follower 1. Our names are Arthur L. Morgan and Glenna Morgan. We are each more than 18 years of age, of sound mind, capable of making this Declaration, neither of us has ever been convicted of a felony, and each have personal knowledge of the facts stated herein, which are true and correct. We, Arthur L. Morgan and Glenna Morgan, are residents of Nueces County and live at 14609 Sweetwater Creek Drive, Corpus Christi, Texas. 2. We are owners of the property described as Lot 9, Block 2, Wood River Unit 1 Subdivision, shown by plat in Volume 44, Pages 180-182, Map Records, Nuecea County, Texas 3. In consideration for closing and abandoning a 4 foot wide by 28 foot long portion of a 7.5 foot wide utility easement as described by Ordinance No. 20980 passed by City Council of the City of Corpus Christi, Texas on September 4, 1990, we hereby declare that the property described above shall be held, sold and conveyed subject to the following covenant for the purpose of protecting the City of Corpus Christi, its agents, employees, franchises and contractors ("Indemnitees"). 4. NOW, THEREFORE, we, the undersigned, owners of the property described above, hereby indemnify and hold harmless the Indemnitees for any and all damages, including but not limited to \RP\90R2009W.004.0. 1 property damage or damage to foundations, pool, or concrete decking, occurring due to constructing, maintaining, service, repairing, or inspecting said utilities, including damages caused by the sole negligence of Indemnitees. 5. This covenant is for the purpose of protecting the value and desirability of, and which shall run with, the real property described above and shall be binding on all parties having any right, title, or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which covenant shall inure to the benefit of each owner thereof. 6. The Indemnitees shall have the right to enforce, by any proceeding at law or in equity, all rights and restrictions herein imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. EXECUTED this day of JekrAyz.k , undersigned owners of the above described property. Arthur L. rgan 14609 Swe water Creek Drive Corpus Christi, Texas 78410 \RP\90aP00ew.004.mm 2 9[7b by the Glenna Morgan 14609 Sweetwater Creek Drive Corpus Christi, Texas 78410 Subscribed and sworn to before me this �l" day of 7)b.-. 19 �� Q STATE OF TEXAS S COUNTY OF NUECES S Notary Pu�brn ', State of Texas Printed Name: My Commission Expires: ACKNOWLEDGMENT This instrument was acknowledged b fore me by Arthur L. Morgan and wife, Glenna Morgan, on the - -. day of T)C, � . , 19Cj After recording return to: CITY OF CORPUS CHRISTI LEGAL DEPARTMENT P. 0. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 \R2\90R2009u.004.mm 3 Notary Pub1'1c State of Texas Printed Name: My Commission Expires: We the undersigned Purchasers of the above described property, Mark Edward Wheeler and Judy D. Wheeler, acknowledge that we have read and understand the foregoing Declaration of Covenant; that we accept the conditions thereof, and ratify and confirm the same as if we had been the original parties thereto, which such Declaration of Covenant is dated October 17, 1990, and executed by Arthur L. Morgan and Glenna Morgan, and is on behalf of the City of Corpus Christi. DATED this October i L7 Mark Edward Wheeler 4'idy D. Whkelet , 1990 mmm SUBSCRIBED AND SWORN TO BEFORE ME this ) day of October, 1990, by Mark Edward Wheeler and wife, Judy D. Wheeler. ii14h _ Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by Mark Edward Wheeler and wife, Judy D. Wheeler, this _�. j�day of October, 1990. \ice c__ (m •.� ✓ lues Notary Public, State of TExas DONNA O'BRIAN Notary Put,!ic STATE OF TE,( My COMM. EXP. Feb. 10, i..