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Home My WebLink About15906 ORD - 11/26/1980AN ORDINANCE CLOSING AND ABANDONING A PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT IN LOT 49, BLOCK 4, CALLICOATE ESTATES, AS FILED FOR RECORD IN VOLUME 44, PAGES 80, 81 AND 82, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO EXECUTION OF A HOLD -HARMLESS AGREEMENT RELIEVING THE CITY OF ANY RESPONSIBILITY FOR DAMAGES RESULTING FROM EASEMENT ENCROACHMENT BY THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. WHEREAS,'there exists a utility easement in Lot 49, Block 4, Callicoate Estates, a map of which is filed for record in Volume 44, pages 80, 81 and 82, Map Records of Nueces County, Texas; and WHEREAS, request has been made of the City to abandon a portion of the 7.5 -foot wide utility easement; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon a portion of the 7.5 -foot wide 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 hereinafter more fully described portion of utility easement be closed for public use and every municipal purpose, and abandoned to the owners of theabutting 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 portion of a utility easement across the northerly portion of Lot 49, Block 4, Callicoatte Estates as shown by map recorded in Volume 44, Pages 80, 81 and 82, Map Records of Nueces County, Texas, and being more particularly described as follows: COMMENCING at the most northwesterly corner of Lot 49, Block 4, THENCE along the westerly boundary of Lot 49, Block 4, South 37°28'05" West, 7.5 feet, THENCE South 52°31'55" East, 19.68 feet to the POINT OF BEGINNING. THENCE South 52°31'55" East, 30.50 feet to the southeast corner; THENCE North 37°28'05" East, 1.6 feet to the northeast corner; THENCE North 52°31'55" West, 30.5 feet to the northwest corner; THENCE South 37°28'05" West, 1.6 feet to the southwest corner+and POINT OF BEGINNING. MICROFILMED 15906 SEP 2 71984 Said closing and abandonment to be subject to the owners of the abutting property executing a hold -harmless agreement relieving the City 'ter of any responsibility for damages that might result from encroachment of the easement by the said (abutting property owner, a substantial copy of which hold -harmless agreement is attached hereto and made a part hereof, marked Exhibit "A". 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 Countil 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 anr its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of ATTEST: , 1980. City'Secretary" /" APPR ED: DAY OF NOVEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City 4 f ney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS * COUNTY OF NUECES * INDEMNIFICATION AGREEMENT This Agaeement, made and enteaed .into by and between the undeas.igned WILLIAM A. PERKINS, JR. and wi4e, PATRICIA L. PERKINS, o4 Nueees County, Texas, heneinabtex ae4eaaed to as Guanantoas, and the City o4 Coapu4 Cha.iati, Texas, a munLcLpae coapoaation, duty ineonpoaated undea and by viatue o4 the taws o4 .the State o4 Texas, o4 Nueees County, Texas, hene%nagea ae4eaaed to as may, WITNESSETH: WHEREAS, the City o4 Corpus ChniztL has tLtee to a 7.5 400t easement ovea and aeawss Lot 49, Stock 4, Catticoatte Estates, a subdivision os the City o4 Coapus Chaisti, Texas, as shown by map on plat thexeo4 aecoaded .in Volume 44 pages 80, 81 and 82, Map Recoadt, Nueees County, Texas, and being 4w:thea shown on the attached plat paepaaed by Shea/Lex Eng.i.neea,ing Company, which .is .incoapoaated heneii 4oa all purposes, masked Exhibit "A", and;— WHEREAS, Guacantoas subsequentey aequited title to said tot above descaibed and have constaueted .impaovements tka/eon, as .indicated £n said Exhibit "A", which encaoaches upon the easement desejci,bed above, 4ot which reason Guaaantoas wish to .indemni4y and hold the City haamtess by viatue o4 said encawachment in eons.ideaatLon lion the abandonment by .the City o4 a poation o4 said easement where encaoachment exists, as .indicated .in said Exhibit "A"; NOW, THEREFORE, .Ln cons.i,deaation o4 .the paemizes and othet good and vaeuabte cons.idelration .in hand paid to .the undeasigned Guanantoas by the City, the aeeeipt and sub4.iciency o4 which .is heaeby acknowledged the undens.igned do heaeby guaaantee, paom.ise and agaee to and with the City that .they wile .indemni4N and hold the City harmless 4xom anything and eveaything ,that may akLse by viatue o4 .the enc,wachment upon said easement as desai Lbed in the paent es heaeo4, excluding .the neg!i.gent acts o4 .the City, .:to agents oa ass.igns, which Agreement skate be binding not only on the undeas.igned but theist heias, adrmLnista.atoas, and assigns, but shaft constitute a covenant cunning with the land, and Guaxantoas do pxomis e and agree and do become � X�� ..,ro bound to indemnisy City and to hold it ha mteas, .togethex with its succuson4 and aas.Lgns, sor and against ate damage, cant and expense os every natwte that it may sussen, .incest, on. become bound PA by Aeaaon os said enciwachment. And GuaA.antoxa do hereby expne,3aky waive and dispense with any demand upon .them by the City an any notice os any sant, .including notice os acceptance heneos. WITNESS OUR HANDS .this /7 TC day os i , 1980. THE STATE OF TEXAS COUNTY OF NUECES x G WILLIAM A. PERKINS ee PATRICIA L. PERKINS BEFORE ME, the undena.igned authority, a Notary Pubtic .in and son Nuecea County, Texas, on this day penaana2Cy appeared Winiam A. Peithina, Jr.; -known to me to be the petaon whose name .La aubacA.ibed to the sonegoing .inatnument, and acknowledged to me that he executed the same son the pwtposea and cons.idenation the&eLn expreaaed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thLa the /7 day os , 1980. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS MARTHA A. KOLDA Notary Public, in and for Nueces County, Texas My Commission Expires NOV. 30, 19ZZ • THE STATE OF TEXAS * COUNTY OF NUECES BEFORE ME, .the undens.igned authority, a Notah.y Pubti.c in and bon .the Nueees County, Texas, on this day persona ty appewted Pattticia L. Puth.ine, known to me to be the person whose name .is subscAtbed to the banego.ing dnstrtumetvt, and acknoweedged .to me that she executed the same box the purposes and cona.idenat.on thene.in expkeased. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /7 day 04 , 1980. ACCEPTED: CITY OF CORPUS CHRISTI 8Y R. MARVIN TOWNSEND CITY MANAGER Date: TAR�C•�� C IN AND FOR NUECES COUNTY, TEXAS MARTHA A. KOLDA Notary Public, in and tor Nueces County, 7 My Commission Expires NOV. 30, lg Corpus Christi, Tomas 24 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. , 1920 Respectfully, MAYOR THE CI 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 passed by ,Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15908