HomeMy WebLinkAbout15919 ORD - 11/26/1980AN ORDINANCE
_CLOSING AND ABANDONING THE PORTION OF A DRAINAGE EASEMENT
OUT OF LOTS 25, 26, 27 AND LOT A, ALL IN BLOCK 1, PELICAN
BAY ESTATES, MORE FULLY DESCRIBED HEREINAFTER, A PLAT OF
WHICH IS FILED FOR RECORD IN VOLUME 45, PAGES 72 AND 73,
MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO REPLATTING
OF SAID PARCELS AT THE EXPENSE OF THE ABUTTING PROPERTY
OWNER AND THE EXECUTION OF A HOLD HARMLESS AGREEMENT RE-
LIEVING THE CITY OF ANY RESPONSIBILITY FOR DAMAGES RESULTING
FROM EASEMENT ENCROACHMENT BY THE ABUTTING PROPERTY OWNERS;
AND DECLARING AN EMERGENCY.
WHEREAS, there exists a drainage easement in Lots 25, 26, 27 and
Lot A, all in Block 1, Pelican Bay Estates, a plat of which is filed for
record in Volume 45, pages 72 and 73 of the Map Records, Nueces County,
Texas; and
WHEREAS, request has been made of the City to abandon a portion of
the said drainage easement; and
WHEREAS, it has been determined that itis feasible and advantageous
to the City of Corpus Christi to abandon a portion of the said drainage ease-
ment 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
drainage easement out of Lots 25, 26, 27 and Lot A, all in Block 1, Pelican
Bay Estates, a plat of which is filed for record in the Map Records of Nueces
County, Texas in Volume 45, pages 72 and 73, be and the same is 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:
".1f,919
MICROFILMED
SP 27194
BEGINNING at a point on the East right-of-way line of Ennis Joslin
Road, samebeing the West boundary line of said Lot 27 for the Southwest
corner of this tract from which corner the Southwest corner of said Lot 27
bears with a circular curve to the right whose radius bears South 69°52'44"
West, 1,949.86 feet and having a central angle of 01°24'38", a radius of
1,949.86 feet, a tangent of 24.00 feet and an arc length of 48.00 feet;
THENCE along said East right-of-way line, with a circular curve to the
left whose radius bears South 69°52'44" West and has a central angle of 00°
18'11", a radius of 1,949.86 feet, a tangent of 5.16 feet and an arc length
of 10.32 feet;
THENCE with said circular curve to the left 10.32 feet for the Northwest
corner of this tract;
THENCE North 68°24'20" East, leaving said East right-of-way line, at
100.14 feet pass the common lot line of said Lots 26 and 27, in all a distance
of 117.49 feet for a -corner of this tract;
THENCE South 77°05'15" East, at 81.95 feet pass the common lot line of
said Lots 25 and 26, in all a distance of 179.86 feet to a point on the East
lot line of said Lot 25 for the Southeast dorner of this tract;
THENCE North 89°06'53" West, at 92.60 feet pass the common lot line of
said Lots 25 and 26, in all a distance of 184.06 feet to a point on the common
lot line of said Lots 26 and 27 for a corner of this tract;
THENCE South 80°42'55" West 97.52 feet to the POINT OF BEGINNING and
containing 5,754.28 square feet of land.
and
BEGINNING at a point on the East boundary line of said Lot A for the
Northeast corner of this tract, -from which corner the Northeast corner of
said Lot A bears North 00°07'50" West 13.32 feet, thence North 23°06'30" East
9.77 feet;
THENCE South 00°07'50" East, with said East boundary line, 458.61 feet
for the Southeast corner of said Lot A and of this tract;
THENCE North 87°48'00" West, with the South boundary line of said Lot A,
56.41 feet for the Southwest corner of this tract;
THENCE North 00°46'30" East 426.87 feet for a corner of this tract;
THENCE North 50°51'55" West 72.36 feet for the Northwest corner of
this tract;
THENCE South 81°21'35" East 106.89 feet to the POINT OF BEGINNING and
containing 25,378.06 square feet of land.
Said closing and abandonment to be subject to the owners of the
abutting property executing a hold -harmless agreement relieving the City 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, made a part hereof, and marked
Exhibit "A".
-2-
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,
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 and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 26th day
of November, 1980.
ATTEST:
APPROVED:
26TH DAY OF NOVEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE ' Y OF CORPUS CHRISTI, TEXAS
RELEASE AND HOLD HARMLESS
THE STATE OF TEXAS 1
KNOW ALL NEN BY THESE PRESENTS:
COUNTY OF NUECES J
THAT I, F. Terry Peerman III, Vice -President of Pelican Estates Inc.,
a Texas Corporation of the City of Corpus Christi, County of Nueces, State of
Texas, acting with authorization for the Corporation in consideration of the
abandonment by the City of Corpus Christi of a portion of a drainage easement
in Lots 25,26 and 27 and Lot A, Block 1, Pelican Bay Estates (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 31,132.34 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 Pelican Estates Inc.
I N WITNESS 11, the said Pelican Estates Inc. has set their hand
s
this,7/ day of s- s t/ , 1980.
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Hr `TATE OF TEXAS J
COUNTY OF NUECES I
PELICAJ ES ATES IN1
Vice -President
BEFORE ME, the undersigned authority, in and for said County and State,
on this day personally appeared F. TERRY PEERMAN III, known to me to be theperson
and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the'said PELICAN ESTATES INC., a Corporation,
and that he executed the same as the act and deed of PELICAN ESTATES 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 .z /2/ day of
, 1980.
Y "71-4.c.,!4/2:
Notary Public in and or Nuueces County, Texas
ADELINE J. REICHL
Notary Public. Nueces Couury, Texas _
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MAP TO ACCOMPANY FIELDNOTES
for the closing of a portion of a drainage easement out of
Lots 25, 26 and 27, Block 1, Pelican Bay Estates, a map of which is.rocorded
in Volume 45, Pages 72 and 73, Map Records of Nueces County, Texas:
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Corpus Christi as
.217 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
THE CI'' OF CORPUS CHRISTI, TEXAS
The Charter rule was suspen� 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 pass ;• by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15919