The URL can be used to link to this page

Home My WebLink About15851 ORD - 10/29/1980AN ORDINANCE CLOSING AND ABANDONING A STRIP ALONG THE SOUTH SIDE OF THE EXISTING TWENTY-FIVE FOOT WATER LINE EASEMENT ACROSS THE H.E.B. GROCERY COMPANY TRACT NORTH OF AND ADJOINING LOT 1, BLOCK 5, WESTSIDE INDUSTRIAL DISTRICT, RECORDED AT VOLUME 23, PAGE 22, 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 BUILDINGS CONSTRUCTED WITHIN THE ABANDONED PORTION OF THE EASEMENT; PROVIDING FOR DEDICATING CONTIGUOUS EASEMENT; AND DECLARING AN EMERGENCY. WHEREAS, there exists 25 -foot water line easement acrosss the H.E.B. Grocery Company tract north of and adjoining Lot 1, Block 5, Westside Industrial District, a map of which is recorded at Volume 23, Page 22 in the Map Records of Nueces County, Texas; and WHEREAS, request has been made of the City to abandon an irregularly shaped quadrilateral strip varying in width from approximately 6 feet to 17 feet ' along the south side of the existing water line easement; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said strip out of the 25 -foot water line 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 below described strip out of the 25 -foot water line easement 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: Being a tract or parcel of land out of a 25 -foot water line easement obtained by civil action 243, in the United States District Court, Southern District of Texas, recorded at Volume 294, pages 610-615, Deed Records, Nueces County, Texas, said 25 -foot water line easement being across the H.E.B. Grocery Company tract north of and adjoining Lot 1, Block 5, Westside Indus- trial District, recorded at Volume 23, page 22, Map Records, Nueces County, Texas; 1t1CRQFJLMNED 1 tts27 15851 BEGINNING at a point on the South boundary of said easement for the Southwest corner of this tract from which corner the Northwest corner of above mentioned Lot 1, Block 5, bears South 87v 12' 26" West with the South boundary of said easement 5.61 feet and thence South with the East boundary of McBride Lane, 11.99 feet; THENCE North, 17.66 feet for the Northwest corner of this tract; THENCE East at 94.40 feet pass the Northwest corner of an existing brick building and then continuing East with the North outside face of said building in all a distance of 235.40 feet to the Northeast corner of said building for the Northeast corner of this tract; THENCE South with the East outside of said building, 6.17 feet to its intersection with the South boundary of above mentioned 25 foot easement for the Southeast corner of this tract; THENCE South 87° 12' 26" West, with said South boundary 235.68 feet to the PLACE OF BEGINNING. All as shown on the map attached hereto. In consideration of said abandonment owners will agree to dedicate, by separate instrument additional water line easement as follows: = BEGINNING at the Northwest corner of said H.E.B. Company tract for the Northwest corner of this tract, from which corner the Northwest corner of Lot 1, Block 5, Westside Industrial District, bears South 52.93 feet; THENCE North 89°35' 40" East, with the North boundary of said H.E.B. Company tract North of and adjoining said Lot 1, Block 5, 240.5 feet for the Northeast corner of this tract; THENCE, South, 5.88 feet to the North boundary of an existing 25 foot wide water line easement for the South- east corner of this tract; THENCE South 87° 12' 26" West, with the North boundary of said 25' wide water line easement 240.78 feet to its intersection with the East boundary of McBride Lane and also the West boundary of said H.E. Butt Company tract for the Southwest corner of this tract; THENCE with the West boundary of said H.E. Butt Company tract North 15.91 feet to the PLACE OF BEGINNING. All as shown on the map attached hereto. 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 water line and by execution of a hold-harmless agreement relieving the City of any responsibility for damages that might result to any buildings constructed within the abandoned portion of water line easement, and further requiring H.E.B. Grocery Company to bear costs which may be necessary to relocate the existing water line within the remaining portion of the water line easement. H.E.B. Grocery Company recognizes that a portion of the existing building has encroached into the 25 foot water line easement for an undetermined period, as shown in the attached exhibit. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or un- constitutional 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, 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 its introduction and take effect and be in full force and effect from 6danter its passage, IT IS ACCORDINGLY SO ORDAINED, this the 21 day of diaWl/ , 1980. ATTEST: .e,&_///9 'City Secretary \ MAYO? Air THE C i7OF CORPUS CHRISTI, TEXAS APPROVED: 2gin.DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY tont City Attorn LL pou.IT of SEUINN.NCa f'R PEKT-{ L11`1c ti MAP To AGGUM F2ANY �I�LC7{JOT>✓S FORA PORTION OF A 2.* Fool- \UATEIZ LINA EASSMENT ACROSS -r 1-1.S13. CaRocWRY COMPANY TACT NoRTN OF AND ADOI1.111-1 LOT I, 6LoCK5, . W65TSIOC- 1012UST21AL OWR1GT, A MAPUF J4 is IS REGO� W 1N1_,_ .'- Vo 111�IG 23 PAs 21.-, OFT1.16 NL]><GES COL4NT( MAPb RRP5 Fog.A ._ STRIP cF'�LA141D our of THE 14.1;,6 COMPANY TRACT NoRTN A1.1D OF Wµiou IS RE C.oROEC UU4 '/O1 u B TSIDS23 PAra- 22 OF- NIE 1k U,Gas CoU-.rr( MAP RGo1Zio . 8 '3640'E 7.40.50 / ti0vetvtOATEP T� 01T-( I'„/i'WINO zzf;f / 5 P,7"'122(0'44... -2o.7b 1✓A�T 235.aC�� 3 d OF 364 WATER LINE AS LOCATED ON GROL11-10 -14--bo 01.17 1-1 5. SS p FoIti1T oG -./p�6.CaINNtNG sa�5 ,l i-187'4ti ' Est -4T s 277'2 ZG"W 5A• T 6.4.40 101 0' 2S5. bib' OL11L1711 16 EASEMENT O131-AlkIt7 13Y CIVIL ACTION Z4311.1 t7I5TRIGT000 ,T" OF THE U.S. FCR TI4E SOUTNERN PITRIOT01= T4' C RS 'US GNRISTI plVIStON, i�" .F..1 OZPEP IN vol-. 294, P. GIO-Crit, Nu8G5s • GCUNTY p�cp RECOIZS7S. 7 • -..-Z GorlO• _ _- . • . 5LA6-L.:-•. • sourN 0.17' DATE: 0 -2 -3 -bo SCALE: JO8 N0 _10,2-07 Corpus Christi, Texas 29 day of OKE 19gd 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 TH CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend'. by the following vote: Luther Jones Edward L. Sample 1 Dr. Jack Best /_ David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass-. by the following vote: Luther Jones r Edward L. Sample Dr. Jack Best - David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15851