HomeMy WebLinkAbout15765 ORD - 09/17/1980jkh:9-17180;1st •
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AN ORDINANCE
CLOSING AND ABANDONING A TRIANGULAR SHAPED UTILITY
EASEMENT OUT OF LOT 22, BLOCK 10, AND A 5 -FOOT WIDE
ELECTRICAL EASEMENT OUT OF LOT 21, BLOCK 10, BOTH
BEING IN TURTLE COVE SUBDIVISION UNIT 2, RECORDED
IN VOLUME 44, PAGES 71 AND 72, MAP RECORDS OF NUECES
COUNTY. TEXAS, SUBJECT TO DEDICATION OF ALTERNATE
UTILITY EASEMENT AND REPLATTING, AT THE OWNER'S EXPENSE;
PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY.
WHEREAS, there exist a triangular shaped Utility easement in Lot 22,
Block 10, and a 5 -foot wide electrical easement in Lot 21, Block 10, both
being in Turtle Cove Subdivision Unit 2, recorded in Volume 44, pages 71 and
72, Map Records of 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, subject to dedication
of alternate utility easement and repTatting, at the owner's expense:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the triangular shaped utility easement in Lot 22,
Block 10, Turtle Cove Subdivision Unit 2, described as follows, be closed
for public use and every municipal purpose:
Being a triangular shape utility easement out of Lot 22,
Block 10, Turtle Cove Unit 2, a map of which is recorded
in Volume 44, pages 71 and 72, Map Records of Nueces
County, Texas:
Beginning at a point on the Southwest right-of-way line of
Lovebird Street for the East corner of an existing 5.00 foot wide
utili ty easement adjacent to the Northwest boundary line of said
Lot 22 and the North corner of this easement fromwhichcorner the
North corner of said Lot 22 bears North 43°57'00" West 5.00 feet;
Thence South 46°03'00" West, along the Southeast boundary
line of said existing 5.00 foot wide utility easement, 92.50
feet to a point on the existing Northeast boundary line of a
7.50 foot utility easement for the South corner of this easements
Thence North 43°57'00" West, along the Northeast boundary
line of said 7.50 foot utility easement, 5.00 feet to a point
on the Northwest boundary line of said Lot 22 for the West corner
of this easement from which corner a 5/8 inch iron rod found for
the West corner of said Lot 22 bears South 46°03'00" West 7.50
feet;
Thence North 49°08'39" East 92.63 feet to the Place of
Beginning.
WED
SIP 2 7 19 4
and that the 5 -foot wide electrical easement out of Lot 21, Block 10,
Turtle Cove Subdivision Unit 2, described as follows, be closed for public
use and every municipal purpose:
Being a 5.00 foot wide electrical easement adjacent
to the Northwest boundary line of Lot 21, Block 10,
Turtle Cove Unit 2, a map of which is recorded in
Volume 44, pages 71 and 72, Map Records of Nueces
County, Texas:
Beginning at a 5/8 inch iron rod found on the Southwest
right-of-way line of Lovebird Street for the North corner of this
easement;
Thence South 43°57'00" East, alond said Southwest right-of-
way, 5.00 feet for the East corner of this easement;
Thence South 46°03'004' West, with the Southeast boundary
line of said existing 5.00 foot wide electrical easement, 92.50
feet to a point on the Northeast boundary line of an existing
7.50 foot wide utility easement for the South corner of this
easement;
Thence North 43°57'00" West, along said Northeast 7.50
foot utility easement line, 5.00 feet to a point on Northwest
boundary line of said Lot 21 for the West corner of this easement;
Thence North 46°03'00" East, with the Northwest boon Barg line
of said Lot 21, 92.50 feet to the Place of Beginning.
and that the aforesaid easements be abandoned to the abutting property owners,
subject to dedication of an alternate utility easement and replatting, at the
owner's expense, said alternate easement being more fully described as follows:
Being a triangular shape utility easement out of Lot 21,
Block 10, Turtle Cove Unit 2, a map of which is recorded
in Volume 44, pages 71 and 72, Map. Records of Nueces
County, Texas:
Beginning at a 5/8 inch rod found on the Southwest right-of-
way line of Lovebird Street for the common front corner of the
easement;
Thence South 46°03'00" West, with the common boundary line
of said Lots 21,22, 92.50 feet to a point on the existing North-
east boundary line of a 7.50 foot utility easement for the South
corner of this easement from which corner a 5/8 inch iron rod
found for the common rear corner of said Lots 22, 22 bears South
46°03'00" West 7.50 feet:
Thence North 43"57'00" West, along the Northeast boun_ary
line of said 7.50 foot utility easement, 4.63 feet for the West
corner of this easement;
Thence North 48°54'46" East 92.62 feet to the Place of
Beginning.
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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 aforesaid easements creates
a public emergency and an imperative public necessity requiring the suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
finally on thedate 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 SO ORDAINED, this the
% day of September, 1980.
ATTEST:
1Cly Secretary
APPROVED:
17th DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
ssisf'n,k ity Attorney
THE T OF CORPUS CHRISTI, TEXAS
Corpus Christi, Tj as
/7 day of
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, 19 )10
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,
MAYO
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
i
HE CI OF CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was pass by the following vote:
Luther Jones
Edward L. Sample:
Dr. Jack Best
David Diaz .
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky