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.
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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
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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-
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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
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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
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