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Home My WebLink About13171 ORD - 05/05/1976JKH:hb:5 /5/76:lst AN ORDINANCE CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED IN LOT 30, BLOCK "A ", PEARY PLACE UNIT #1, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID EASEMENT BEING MORE PAR- TICULARLY DESCRIBED HEREINAFTER, SUBJECT TO THE DEDICATION BY SEPARATE INSTRUMENT OF A SUBSTITUTE EASEMENT IN SAID LOT 30, BLOCK "A ", PEARY PLACE UNIT #1; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, there exists a certain 10 -foot utility easement in Lot 30, Block "A ", Peary Place Unit #1, more fully described hereinafter, as shown by plat recorded in Volume 25, page 73, Map Records of 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 said easement, sub- ject to the dedication by owners of said Lot 30 of a substitute easement in said Lot 30, Block "A ", Peary Place Unit #1: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 10 -foot utility easement in Lot 30, Block "A", Peary Place Unit 41, in the City of Corpus Christi, Nueces County, Texas, as shown on the plat thereof recorded in Volume 25, page 73, of the Map Records of Nueces County, more fully described as follows: Being a portion of a 10.0 foot wide strip of land dedicated for utility easement out of Lot 30, Block "A ', Peary Place, Unit #1, as shown by map of record in Volume 36, Page 120, Map Recordd, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point that bears N. 610 00' W. a distance of 65.0 feet and N. 29° 00' E. a distance of 10.0 feet from the Southeast corner of said Lot 30, said point being in the East boundary line of the above mentioned existing 10.0 foot utility easement, for the beginning corner of the tract of land herein described; Thence N. 61° 00' W. a distance of 10.0 feet to a point in the West boundary line of said existing 10.0 foot utility easement; Thence N. 29° 00' E. along the West boundary line of said utility easement a distance of 190.76 feet to a point in the Southwest boundary line of an existing 10.0 foot utility easement dedicated by the above mentioned map of Lot 30; 131'71 0 . 0 Thence S. 61° 05' 30" E. along the Southwest boundary line of said existing 10.0 foot easement, a distance of 10.0 feet; Thence S. 29° 00" W. along the East boundary line of the first mentioned existing utility easement, a distance of 190.78 feet to the place of beginning and containing 1907.70 square feet, more or less; be and the same is hereby closed for public use and every municipal purpose, subject to granting by the owners thereof, a substitute easement in Lot 30, Block "A ", Peary Place Unit #1, described as follows: Lots 30 and 31, Block "A ", Peary Place Unit ail, as shown by Plat recorded March 15, 1971 In Volume 36, Page 120, Map Records, Nueces County, Texas; Beginning at the Southeast corner of Lot 030, Block "A ', Peary Place Unit #1; Thence North 610 West along the Southwest boundary line of said Lot 30, a distance of 85' to a point in the West boundary line of an existing 10' utility easement. Thence North 29° East 10' to a point; Thence South 61° East along and parallel to and 10' Northeast of the Southwest boundary line of said Lot 30 a distance of 85' to a point; Thence South 29° West 10' to the place of beginning; 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 inhabi- tants of the City of Corpus Christi, Texas. SECTION 2. If for any reason any section, paragraph, sub- division, 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 -2- 0 . 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 affect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the =day of May, 1976. ATTEST: City Secretary APPROVED: fg—DAY OF MAY, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By . 4 Assistant 7ttorney MAYOR THE CITY OF CORPUS CHRISTI, T M S CORPUS CHRISTI TEXAS J:u"AY OF 19-ZOII TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- MN 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 SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL] I, THEREFORE, REQUEST THAT YOU 9USP END SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE 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 JASON LuBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED S' JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE l