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HomeMy WebLinkAbout15625 ORD - 07/09/1980• jkh:7-3-8O;lst AN ORDINANCE CLOSING AND ABANDONING A ONE -FOOT STRIP ALONG THE SOUTH SIDE OF THE EXISTING TEN -FOOT UTILITY EASEMENT ON LOT 4-C, BLOCK 1, MARKS TRACT SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME 42, PAGE 124, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO EXECUTION OF A HOLD -HARMLESS AGREEMENT RELIEVING THE CITY OF ANY RESPONSIBILITY FOR DAMAGES THAT MIGHT RESULT TO THE COLUMNS EXISTING IN SAID EASEMENT BY REASON OF MAINTE- NANCE TO THE EXISTING SANITARY SEWER LINE BY THE CITY OR ITS AGENTS OR EMPLOYEES; AND DECLARING AN EMERGENCY. • WHEREAS, there exists a 10 -foot utility easement on Lot 4-C, Block 1, Marks Tract Subdivision, a map of which is recorded in Vol. 42, page 124, Map Records of Nueces County, Texas; and WHEREAS, request has been made of the City to abandon the one -foot strip along the south side of the existing utility easement hereinabove described; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chlristi to abandon said one -foot strip out of the 10 -foot utility easement subject to certain conditions, hereinafter more fully set forth: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the hereinafter described one -foot strip out of the 10 -foot utility easement on Lot 4-C, Block 1, Marks Tract Subdivision, situated in the City of Corpus Christi, Nueces County, Texas, be closed for public use and every municipal 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, said portion to be abandlpned being more particularly described as follows: Being a tract or parcel of land consisting of 0.013 acre, more or less, out of Lot 4-C, Block 1, Marks Tract, as shown by plat recorded in Vol. 42, page 124, Map Records, Nueces County,, Texas; Commencing at the common north corner of said Lot 4-C, and the east corner of Lot 3-A, Block 1, Marks Tract, as shown by plat recorded in Vol. 41, page 173, Map Records, Nueces County,, Texas, said point being on the southwesterly right-of-way line of Texas State Highway 358 (South Padre Island Drive);, 15625 MICROFILMED AUG 2 91980 • • THENCE S. 61° 38' 45" E, along said right-of-way, a distance of 9.00 feet to a point for the north corner and POINT OF BEGINNING of this tract; THENCE, continuing S. 61° 38' 45" E, along said right-of-way line a distance of 1.00 foot to a point for the east corner of this tract; THENCE, S. 29° 02' 00" W, a distance of 580.32 feet to a point on the common boundary of said Lot 4-C and Lot 4-B, Block 1, for the south corner of this tract; THENCE, N. 60° 58' 00" W, along said common boundary, a dis- tance of 1.00 foot to a point from which the common west corner of said Lot 4-C and the north corner of said Lot 4-B bears N. 60° 58' 00" W. 9.00 feet, for the west corner of this tract; THENCE, N. 29° 02' 00" E, a distance of 580.31 feet to the POINT OF BEGINNING. Said closing and abandonment to be subject to the owners of the above described property waiving any claims against the City of Corpus Christi by virtue of construction, operation and maintenance of the existing sanitary sewer line and by execution of a hold -harmless agreement relieving the City of any responsibility for damages that might result to the existing columns located in said easement. 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 portion of easement in Lot 4-C, Block 1, Marks Tract Subdivison, 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 -2- • • its introduction and take effect and be in full force and effect from and after its passage, IT I$ ACCORDINGLY SO ORDAINED, this the epaat, day of July, 1980. ATTEST: ity Secretary APPROVED: 7th DAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By /AV Assistant City rn y OF CORPUS CHRISTI, TEXAS • • INDEMNIFICATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement made between Vector Corporation, herein called "Corpor- ation" and the City of Corpus Christi, herein called "City", witnesseth: WHEREAS, there exists a 10 -foot utility easement on Lot 4-C, Block 1, Marks Tract Subdivision, a map of which is recorded in Vol. 42, page 124, Map Records of Nueces County, Texas; and WHEREAS, request has been made of the City to abandon the one -foot strip along the south side of the existing utility easement hereinabove des- cribed; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said one -foot strip out of the 10 -foot utility easement subject to certain conditions, hereinafter more fully set forth. NOW, THEREFORE, in consideration of the abandonment by the City of that certain one -foot strip of land comprising a portion of the utility easement des- cribed herein, Corporation agrees to indemnify and hold harmless the City from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the use of said easement for the maintenance, use, repair, reconstruction and relocation of an existing sani- tary sewer line within such easement. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto and is hereby deemed to constitute a covenant running with the land. IN WITNESS WHEREOF, we set our hands this day of July, 1980. VECTOR CORPORATION ATTEST: By (Title) CITY OF CORPUS CHRISTI By Bill G. Read, City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Carpus Christi, Texas Flay of s 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 4 CIALL/ TY + CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky /5625