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HomeMy WebLinkAbout15816 ORD - 10/08/1980w. r Y vp:10-8-80:1,st ,, 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 hl