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Home My WebLink About15831 ORD - 10/22/1980AN ORDINANCE ABANDONING A .3 -FOOT BY 5 -FOOT PORTION OF A 10 -FOOT UTILITY EASEMENT IN LOT 1, BLOCK 6, CRESTMONT UNIT 2 SUBDIVISION, AS SHOWN BY'PLAT RECORDED IN VOLUME 42, PAGES 130 AND 131, MAP RECORDS OF NUECES COUNTY, TEXAS, AS PER THE ATTACHED LEGAL DESCRIPTION SUBJECT TO THE EXECUTION OF AN AGREEMENT RUNNING WITH THE LAND HOLDING THE CITY HARMLESS FOR ANY DAMAGE OR LIABILITY RESULTING FROM ANY WORK IN THE EASEMENT; AND DE- CLARING AN EMERGENCY. WHEREAS, there exists a 10 -foot utility easement on Lot 1, Block 6, Crestmont Unit 2 Subdivision, as shown by plat recorded in Volume 42, pages 130 and 131, Map Records of Nueces County, Texas; and WHEREAS, request has been made of the City to abandon a .3 -foot by 5 -foot portion of the existing utility easement hereinabove described; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said .3 -foot by 5 -foot portion 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 herinafter described .3 -foot by 5 -foot portion out of the 10-foot'utility easement on Lot 1, Block 6, Crestmont Unit 2 Subdi- vision, 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 abandoned being more particularly described as follows: BEGINNING at a point on the Northeast boundary line of said 10.00 foot wide utility easement for the East corner of this tract from which corner a 5/8 inch iron rod found at the inter- section of the Northwest right-of-way line of Crest Park Drive and the common boundary line of said Lot 1 and Lot 7, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, for the South corner of said Lot 1, bears South 61°30'00" East, with said Northeast boundary line of said easement 39.6 feet to a point on said right-of-way line, thence South 28°30'00" West, with said right-of-way line, 10.00 feet; THENCE South 28°30'00" West 0.30 feet to a point for the South corner of this tract; THENCE North 61°30'00" West, parallel to the common boundary line of said Lot 1, Block 6, Crestmont Unit 2 and said Lot 7, Section 9, Bohemian Colony Lands thereof and 9.70 feet distant therefrom, measured at right angles thereto, 5.00 feet to a point for the West corner of this tract; MEWED. 15831 SEP 27 1904 fr THENCE North 28°30'00" East, 0.30 feet to a point on said Northeast boundary line of said utility easement for the North corner of this tract; THENCE South 61°30'00" East, along said Northeast boundary line of said utility easement, 5.00 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 the location of a portion of the owner's fireplace in the utility easement located in Lot 1, Block 6, Crestmont Unit 2, situated in the City of Corpus Christi, Nueces County, Texas, and further subject to execution of a hold harmless agreement, a covenant running with the land, being executed by the property owner relieving the City of any responsibility for damages or liability resulting from any work in the 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 1, Block 6, Crestmont Unit 2 Subdivision, 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 introduc- tion 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 2-2.—day of October, 1980. ATTEST: s!A,J City" Secretary APPROVED: 7`/W DAY OF OCTOBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Ass/ jet City Att f ? 1). S 28° 'cx," 14 o.3o I� 30 I M "POINT OF BEGINIMING" 5/V x.R.31 CREST PARK DRIVE MAP TO ACCOMPAN`{ FIELDNOTES FOR THE A6ANPONME.ry OF A PORTION OF Al' EXISTIN4 10.00 FOOT WIDE UTILITY EASEMENT IN LOT 1, BLACK !o, CRESTMONT UNIT 2 , A MAP OF WHICH IS RECORDED IN VOLUME 42. , PAGES ISO AND 131 , MAP RECORDS OF NUECE'S COUNTY , TEXAS. r, ili craw 1 IV ENGINEERING CORPUS CHRISTI, TEXAS DATE i 9 -2L: -a0 SCALE i I"- .1' JOB NO. I4451 0 Corpus Christi, Texas // �pp 2Z day of Cc�� JAht, 1940 TO THEHMEMBERS 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 HE C OF 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 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 1_5831 January 4th, 1980 The undersigned purchasers of property known as Lot 1, Block 6, CRESTMONT 2, a Subdivision of the City of Corpus Christi, Nueces County, Texas; said property being commonly known as 5849 Crest Park Drive, are aware of the fact that the air-conditioning unit is located within the ten foot utility easement along the southwesterly boundary of said property, as is reflected on survey dated December 17th, 1979, by Eugene C. Urban, Registered Public Surveyor, State License No. 1230. Also, said survey reflects that the brick at the back of the fireplace extend into said ten foot utility easement above referred to. We are further aware of the fact that the City of Corpus Christi does not accept the responsibility for any loss or liability which may be incurred, if any, by reason of the above. Agent: ixe Ro er rRuehlAeld / Q && o Leslie Estelle Huehlefeld () Fred Braselton