HomeMy WebLinkAbout15816 ORD - 10/08/1980w.
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AN ORDINANCE
ABANDONINGA 2 -FOOT BY 12 -FOOT PORTION OF A 7.q5 -FOOT
UTILITY EASEMENT IN LOT 29, BLOCK 7, TURTLE°COVE UNIT 2,
RECORDED IN VOLUME 44, PAGES 71, 72, MAP RECORDS'OF NUECES
COUNTY, TEXAS, SUBJECT TO THE EXECUTION OF A HOLD HARMLESS
AGREEMENT BY THE OWNER, RUNNING WITH THE LAND; PROTECTING
THE CITY FROM ANY DAMAGE CLAIM RESULTING FROM MAINTENANCE
OR CONSTRUCTION ACTIVITIES IN THE EASEMENT; AND DECLARING
AN EMERGENCY.
WHEREAS, there exists a 2 -foot by 12 -foot -portion of a 7.5 -foot
utility easement in Lot.29, Block 7, Turtle Cove Unit 2, recorded in Volume
44, Pages 71, 72, Map Records of Nueces County, Texas; and .,
WHEREAS, At has been determined that it is'•feasible and, advantageous
to the City of Corpus Christi to abandon said easement, subject to.the execu-
-tion of a hold harmless agreement by the owner, running with the land.and
protecting the City from any damage claim resulting from ma;intenance,or con-
struction activities in the easement:•�
:kl jAx.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE'-C'ITY OF
•
CORPUS•CHRISTI, TEXAS:
SECTION.1. That the hereinafter more fully described 2 -foot by 12 -
foot portion of a 7.5 -foot utility easement in Lot 29, Block 7, Turtle Cove
Unit 2, as'recorded in Volume 44, Pages 71, 72, Map Records of Nueces County,
Texas, be and the same is hereby closed for public use and every muriici;pal
,x
purpose, said easement being described 'as follows: !-
'» BEGINNING at an iron rod found to mark the East corner of
Lot 29, Block 7, .thence South 29 degrees 03'00" West, with
the Southeast line of said Lot 29, 19.24 feet and leaving
said'Southeast line North 60 degrees 57'00i°West 5.50 feet
to the East corner of a brick residential building for the
East corner and "Point of Beginning" of this easement;
THENCE 'South 38 degrees 28' 05" West, with the outside
Southeast facing of said residential building, 12.23 feet
to a point on the existing'Northwest line of a 7.50 foot
wide utility easement adjacent to said Southeast line of
said Lot 29 for the South corner of this easement;
THENCE North 29 degrees 03'00" East, with the Northwest
dine of said 7.50 foot wide utility easement, 12.41 feet to
a point on the outside Northeast facing of said residential
building for the North corner of this easement;
THENCE South 51 degrees 21'55" East, with the outside North-
east facing of said building, 2.03 feet to the POINT OF BEGIN-
NING, containing 12.41 square feet of land,
subject to the execution of a hold harmless agreement by the owner running
with the land and protecting the City from any damage claim resulting from ,
lICROEJLMEU,.
15816 tSIP 2 71984
maintenance or construction activities in the easement. The above described
utility easement is hereby 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.
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 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 sus-
pension of the Charter rule and that this ordinance take effect and be in
full force and effect from and after its passage, IT IS ACCORDINGLY(S0 ORDAINED,
this the O.../ ,..... _ �+
, day of October,
ATTEST:
City Secretary die{
APPRWED:
V42 -DAY OF OCTOBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
ted
B
taut City Attor
MAYORJPro:Tem '
THE CITY OF CORPUS CHRISTI, TEXAS
RELEASE AND HOLD HAPIILESS
THE STATE CF TEXAS *
KNOW ALL EEN BY THESE PRESENTS:
COUNTY OF NUECES
THAT 1, Buddy Seeds, President of Buddy Seeds Builder, Inc.,
a Texas Corporation of. the City of Corpus Christi, County of
Nueces, State of Texas, acting with authorization of the Board of
Directors of the Corporation in consideration of the abandonment
by the City of Corpus Christi of a portion of a utility easement
in lot 29, block 7, Turtle Cove Unit No. 2. (evidenced by the
shaded portion on the attached exhibit) and in further
consideration of the execution by the City of a Release on the
shaded portion in the exhibit from the easement containing
approximately 12.4 sq. ft., the Corporation does hereby Release
and Discharge the City of Corpus Christi, their agents, and
assigns and all others who may be liable from all claims, present
and future, known and unknown, in any manner arising. out of
damage_—to the property encroaching on said portion of the
easement to be abandoned and released by the city. This Release
shall in no way release the city, it's agents or assigns or any
other Person from a cause of action for negligence arising out of
the abandonment of said portion of the easement. This Release
covers, damages whether or not contemplated at the present time
and includes results undeveloped and unknown at the present time
as well as those known.
This Release and Hold IIarmless Agreement will run with the
land and be a part and parcel of any conveyance made by the said
Buddy Seeds Builder, Inc.
IN PWITIIESS Wh=OF, ethe said Buddy Seeds Builder, Inc. has
set their hand .this P4vC day of (7' , 1980.
BUDDY SEEDS BUILDER, INC.
PRESIDENT
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE FIE, the undersigned authority, in and for said County
and State, on this day personally appeared Buddy Seeds, known to
me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
the act of the said Buddy Seeds Builder, Inc., a Corporation, and
that he executed the same as the act and deed of Buddy Seeds
Builder, Inc., and for the purposes and consideration therein
expressed and in the capacity therein stated.
of
Given
under
my hand and seal of office, this the
, 1980.
C day
NOTARI PU'LIC IN ANO FO
NUECES COUNTY, TEXAS
R. KEITH HGULEY
wart auaw: State d Tens
ey rsrnox Elms 12-1341
BLOCK 7
5151(111 610.01-=
LOCATION M AP
SCALE: t• too'
TURTLE COVE UNIT Z
--ts'IA* zs'
x . b4.5
1• L�.E7
L.
L7. 2.4.
SISKIN GIRGLff
(863)
NOTE. fv YL' I.R. AT QLL CORrieRs
TIE IS FROM LOT LINE TO FOUNDATION OF HOUSE.
HOUSE MEASURED FROM WALL TO WALL.
SURVEY OF
Lor 29
RECORDED
VOL. -4-4 PAGE 71, 7L
FILED FOR RECORD
DATE: It- C.-78
BLOCK 7 TURTLE COVE U1 -IIT Z
r1 vez.e.5 COUNTY, TEXAS
4F 55414 P9.F." TFC
WE, URBAN ENG/NEER/NG HAVE
MADE A SURVEY ON THE GROUND (((*: v J :*
OF THE FOREGO/NG PROPERTY AND
WE CERT/FY THAT THERE ARE NO
ENCROACHMENTS, O uT 1-soV SE
1/171,
Brf�-YL�ir(r7"--e" re -r -u
DATE= "U=Z�-6o,n_w;
SCALE: I• • ZD.
✓OB Nt7 17041
Corpus Christi, Tas
A4. -day of
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 pp
THE -CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the folio ng vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample:
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the
/A.
4011
1
following vote:
15816
7.
ELM ! ta 1327 199999
• RELEASE AND HOLD HARMLESS
THE STATE OF TEXAS *
COUNTY OF NUECES
DIED''EC'ORQS
voi. 1758Pa6E 520
KNOW ALL MEN BY THESE PRESENTS:
THAT I, Buddy Seeds, President of Buddy Seeds Builder, Inc.,
a Texas Corporation of the City of Corpus Christi, County of
Nueces, State of Texas, acting with authorization of the Board of
Directors of the Corporation in consideration of the abandonment
by the City of Corpus Christi of a portion of a utility easement
in lot 29, block 7, Turtle Cove Unit No. 2. (evidenced by the
shaded portion on the attached exhibit) and in further
consideration of the execution by the City of a Release on the
shaded portion in the exhibit from the easement containing
approximately 12.4 sq. ft., the Corporation does hereby Release
and Discharge the City of Corpus Christi, their agents, and
assigns and all others who may be liable from all claims, present
and future, known and unknown, in any manner arising out of
damage to the property encroaching on said portion, of`the
easement to be abandoned and released by the city. This Release
shall in no way release the city, it's agents or assigns or any
other person from a cause of action for negligence arising out of
the abandonment of said portion of the easement. This Release
covers damages whether or not contemplated at the present time
and includes results undeveloped and unknown at the present time
as well as those known.
This Release and Hold Harmless Agreement will run with the
land and be a part and parcel of any conveyance made by the said
Buddy Seeds Builder, Inc.
IN WITNESS WHE2EOF,othe said Budd Seeds Builder, Inc. has
set their hand this O day of , 1980.
BUDDY SEEDS BUILDER, INC.
//E /Sx717 NEAREST_ BLOCK LORNE
N
BLOCK 7
5151eIM G11zG�1=
LOCATION M AP
SCALE: l"• loo'
TURTLE COVE UNIT Z
30
ROIL 666* !E421328
45'I4'Z3'
R• b1Se •
T • %.•
b• Z7.Z4'
SISKIN GIRGLff
(863)
NOTE: f7 /i I.R. aY ALL coRt-ER5
TIE /S FROM LOT LINE TO FOUNDATION OF HOUSE.
HOUSE MEASURED FROM WALL TO PALL.
SURVEY OF
LOT- Z-9
BLOCK 7
RECORDED
VOL.44 PAGE 71,7Z.
F/LEO FOR RECORD
DATE: 11-4-78
TURTLE COVE Uri IT Z
rt vee --E 5 COUNTY, TEXAS
GF 584'74
WE, URBAN ENG/NEE4/NG HAVE
MADE A SURVEY ON THE GROUND
OF THE FOREGO/NG PROPERTY AND
WE CERT/FY THAT THERE ARE NO
ENCROACHMENTS. our F+4v Sm
uyra
BY:l
EUGENE C. URBAN
URBAN
ENGINEERING
CORPUS CHRISTI, TEXAS
DATE: G -2.4 --Bo
SCALE: 1 Zo'
✓OB N7 17041
/99999
DEED RECORDS ..
VOL l7558PAGE 521'
A
RCft665 ! nH1329
THE STATE OF TEXAS
COUNTY OF NUECES
DEED,RECORDS
_VOL 1758PaaE_.522__
BEFORE ME, the undersigned authority, in and for said County
and State, on this day personally appeared Buddy Seeds, known to
me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
the act of the said Buddy Seeds Builder, Inc., a Corporation, and
that he executed the same as the act and deed of Buddy Seeds
Builder, Inc., and for the purposes and consideration therein
expressed and in the capacity therein stated.
Given under my hand and seal of office, this the
of Qv , 1980.
P
3 day
NOTAR PU=LIC IN AND FO
NUECES COUNTY, TEXAS
R. KEITH NOLLEY
Notary Rabin: State of Texas
&ly Commnson Expires 12.1381
3TATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this Instrument was FILED on the
date and at the time stamped Lcreon by me; end was duly
RECORDED, In the Volume and Page of the named RECORDS
of Nucces County, Texas, as stamped hereon by me, on
OCT 24 1980
r
COUNTY CLERK,
NEVES COUNTY. TEXAS
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