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Home My WebLink About021021 ORD - 11/13/1990AN ORDINANCE CLOSING AND ABANDONING A 2 -FOOT WIDE BY APPROXIMATELY 139 - FOOT LONG PORTION OF THE UTILITY EASEMENT EXTENDING FROM GAYLE DRIVE ALONG THE NORTHEAST EASEMENT BOUNDARY IN BLOCK 57, LOT 49, SCHANEN ESTATES UNIT 6 SUBDIVISION; SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 2 -foot foot long portion of the utility easement along the northeast easement boundary in Estates Unit 6 Subdivision, shown by plat Records, Nueces County, Texas; wide by approximately 139 - extending from Gayle Drive Block 57, Lot 49, Schanen in Volume 28, Page 11, Map 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 2 -foot wide by approximately 139 -foot long portion of the utility easement extending from Gayle Drive along the northeast easement boundary in Block 57, Lot 49, Schanen Estates Unit 6 Subdivision, shown by plat in Volume 28, Page 11, Map Records, Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, subject to the property being replatted at applicant's expense within 180 days of passage of this ordinance and filing a declaration of covenant in the Nueces County Deed Records. 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed \ORD-RES\90161 211 MICROFILMED and shall take effect u on first r ading as an emergency measure this the /<5 day of � .na(1.t) , 19C /C, ATTEST: Sit4 c4L717( City Secretary MAkOR THE CITY OF CORPUS CHRISTI APPROVED: 1 DAY OF (�p�,rx6C,� , 19 90 HAL GEORGE, CITY ATTORNEY By `-// df PaLuat Assistant City Attorney Corpus Christi, Texas day of , 19(iL TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Betty N. Turner whautk Cezar Galindo 6(L)! Leo Guerrero Tom Hunt Li l \, ; Edward A. Martin Joe McComb di 7 Clif Moss Mary Rhodes Frank Schwing, Jr. `C. 045 PrLf-381W E1541 736068 DECLARATION OF COVENANT STATE OF TEXAS § § COUNTY OF NUECES § DEED RECORDS VOL 2229PkcE 564 BEFORE ME, the undersigned authority, on this day personally appeared both Phil Anderson, Jr. and wife, Linda Anderson, who after being duly sworn, each upon his or her oath states as follows: 1. Our names are Phil Anderson, Jr. and Linda Anderson. 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, Phil Anderson, Jr. and Linda Anderson, are residents of Nueces County and live at 4629 Gayle Drive, Corpus Christi, Texas. 2. We are owners of the property described as Lot 49, Block 57, Schanen Estates, Unit 6, shown by plat in Volume 28, Page 11, Map Records, Nueces County, Texas. 3. Inconsideration for closing and abandoning a 2 footwide by approximately 139 foot long portion of a 10 foot wide utility easement as described by Ordinance No. 21021 passed by City Council of the City of Corpus Christi, Texas on November 7, 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 property damage or damage to foundations, structure, or concrete driveway, occurring due to construction, maintaining, service, repairing, or inspecting said utilities, including damages caused by the sole negligence of Indemnitees. 1 L381. Yrf 1542 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 20,41 day of Ajtte..,„ c, , 19 9Q by the undersigned owners of the above described property. na,o,NstAL0e,frk vt;#14-J Phil Anderson, Jr. 4629 Gayle Corpus Christi, TX 78413 Linda Anderson 4629 Gayle Corpus Christi, TX 78413 2 4-W 4i Sib vui_ 2229FAGE 565 x;1'-381 !mr 1,543 Subscribed and sworn to 'LCe�e..r�,l�eri . 1970 DEED RECORDS vas 2229PA6E 566 before me this 4,20 i(i[I, day of w.;. CATHERINE BRUEN MY COMMISSION EXPIRES July 19, 1992 STATE OF TEXAS § COUNTY OF NUECES § Catald-elLe Notary Public, State of Texas Printed Name: My Commission Expires: ACKNOWLEDGMENT This instrument was acknowledged before me by Phil Anderson, Jr. and wife, Linda Anderson, on the .2444 day of 1990. After recording return to: CATHERINE BRUE MY COMMISSION EXPIR9qO July 19, 1992 Pr CITY OF CORPUS CHRISTI LEGAL DEPARTMENT P. 0. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 ry Public, State of Texas ted Name: ommission Expires: re TATE OF TEXAS ` COUNTY OF NUECES I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me: and was duly RECORDED, in the Volume end rage of the named RECORD of Nueces County, Tc:cc, zs sternped hereon by me, on NOV 20 199(Y ids) Zedeidlid COUNTY CLERK NUECES COUNTY, TEXAS 3 r