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HomeMy WebLinkAbout15465 ORD - 04/09/1980AN ORDINANCE CLOSING AND ABANDONING A 15 -FOOT UTILITY EASEMENT BETWEEN LOT 2A, BLOCK D, WILKEY ADDITION, AND LOT 4, BLOCK 1, SUNRISE MALL SUBDIVISION, AS MORE FULLY DESCRIBED HEREIN- AFTER; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 15 -foot utility easement between Lot 2A, Block D, Wilkey Addition, and Lot 4, Block 1, Sunrise Mall Subdivision; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus 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 15 -foot utility easement between Lot 2A, Block D, Wilkey Addition, and Lot 4, Block 1, Sunrise Mall Subdivision, in the City of Corpus Christi, Nueces County, Texas, more fully described hereinafter, be and the same is hereby closed for public use and every munici- pal purpose, 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, the said easement being described as follows: Being a 15.00 foot wide utility easement out of Lot 4, Block 1, Sunrise Mall Subdivision, a map of which is recorded in Volume 45, pages 96, 97 and out of Lot 2A, Wilkey Addition, a map of which is recorded in Volume 39, pages 182, 183, Map Records of Nueces County, Texas: BEGINNING at a point on the existing Northwest line of a 5.0 foot wide existing easement adjacent to the Southeast line of said Lot 4 for the West corner of this easement from which corner a drill hole in concrete light stand for the West corner of said Lot 2A and and the South corner of said Lot 4 bears South 29°00'00" West 236.25 feet to a point on the Northeast right-of-way line of South Padre Island Drive and with sai-d right-of-way South 61°01'20" East 5.00 feet; THENCE North 29°00'00" East, along said existing Northwest utility easement line, at 116.87 feet pass the Southwest outside wall of a proposed easement, in all a distance of 424.87 feet to the proposed Northeast outside wall of said building for the North corner of this easement; THENCE South 61°01'20" East, side wall, at 5.00 feet pass the and. Lot 4 for the West corner of Butt, in all a distance of 15.00 Southeast 10.0 foot wide utility of this easement; along said proposed Northeast out - common boundary line of said Lot 2A a 3.6388 acre tract owned by H.E. feet to a point on the existing easement line for tthe East corner 15465 THENCE South 29°00'00" West, along said Southeast utility ease- ment line, at 308.00 feet pass said Southwest outside wall of a pro- posed building, in all a distance of 424.87 feet for the South corner of this easement; THENCE North 61°01'20" West, at 10.00 feet pass the common boun- dary line of said Lot 2A and Lot 4, in all a distance of 15.00 feet to the POINT OF BEGINNING. 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 servedby 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 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 50 ORDAINED, this the 9 day of April, 1980. ATTEST: y ecre ary APPROVED: 7th DAY OF APRIL, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant torney Ale YO' CITY OF CORPUS CHRISTI, TEXAS w z J no w Z F a. x5 o o CC�J %+ Led OZ W V 6 SOUTH PADRE ISLAND DRIVE SOUTH CORNER OF 1 i� 11.247 ACRES m W LOT 4 3 o VOL. 45, PG.96,97 cc ti- �; SUNRISE MALL SUBDIVISION LOT 4424. -..,t N 29°00' 00° E 424.87' 236. ' Iin / EXISTING 5' U.E. - S29°00'00"W 1 o0 ! 10' WIDE UTILITY EASEMENT / EST CORNER 1 0POINT OF S 29° 00.00'W 424.87' LOT 2A � z BEGINNING I LOT 2A WILKEY ADDITION I I VOL. 39, PG. 182-183 ; '1II O ITii; I -w IW �' MAP TO oa i:_: Iw R ACCOMPANY FIELDNOTES FOR A 5.0' WIDE UTILITY EASEMENT OUT OF LOT 4, BLOCK I,SUNRISE MALL SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOL. 45 PND 6.96,97 AA 10.0 WIDE UTILITY EASEMENT OUT OF LOT 2A, WILKEY ADDITION, RECORDED IN VOL. 39, PG.I82, 183, MAP RECORDS OF NUECES COUNTY, TEXAS. 0 r LOT LINE 0 N O t0 tl) 308.00' EXHIBIT - B EXISTS' U. E EXIST. IO'U.E. H.E.B. TRACT 3.6388. SCALE•I'= • JOB NO. 14124.04 REVISED NOV. 20,1979 3.31.80 Corpus Christi, Texas 9 day of __ , 1920 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, The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky MAYOR THE CI OF CORPUS CHRISTI, TEXAS was suspended by the following vote: The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 15465