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HomeMy WebLinkAbout15984 ORD - 01/21/1981jkh:1-21-81;lst �.` AN ORDINANCE CLOSING AND ABANDONING A FIVE-FOOT WIDE UTILITY EASE- MENT DEDICATED AND RECORDED IN VOLUME 923, PAGES 494-496, NUECES COUNTY DEED RECORDS, ORIGINALLY GRANTED TO THE NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2, AND LOCATED WITHIN A 0.968 -ACRE PORTION OF LOT 1, SECTION 41, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, SAID EASEMENT TO BE ABANDONED BEING MORE FULLY DESCRIBED HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, there exists a five-foot wide water easement dedicated and recorded in Vol. 923, pages 494 through 496, Nueces County Deed Records, originally granted to the Nueces County Water Control and Improvement District No. 2, and located within a 0.968 -acre portion of Lot 1, Section 41, Flour Bluff and Encinal Farm and Garden Tract; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the hereinafter more fully described five-foot wide water easement, within a 0.968=acre portion of Lot 1, Section 41„ Flour Bluff and Encinal Farm and Garden Tract, be and the same is hereby closed for public use and every municipal purpose, said easement being described as follows: A five-foot (5') wide water utility line easement located and running through Lots One, Two, Three, Four and Five, Section 41, Flour Bluff Encinal Farm and Garden Tracts, a subdivision of Nueces County, Texas, as shown by the map thereof recorded ' in Volume A, pages 41, 42, 43, of the Map Records of Nueces County, Texas, to which map and the record thereof, reference is here made for all purposes, the center line of said five (5') foot wide easement being described by metes and bounds as follows: Beginning at a point in the East boundary of Lot 5, Section 41, Flour Bluff Encinal Farm and=Garden Tracts, from whence the Southeast corner of said Lot 5 bears S. 29 deg. - 01' - 15" W, 27.5 feet and S. 60 deg. - 58' E, a distance of 20.0 feet. Thence N 60 deg. - 58' W, along a line 27.5 feet North of and parallel to the South boundary of Lots ,5, 4, 3, and 2, said Section 41, a distance 'of 2506 feet to the end of the first part of this easement. 15984 O_EILMEO 'SEP 2 71984 Thence continuing N 60 deg. - 58' W, along a line 27.5 feet North of and parallel to the South boundary of Lots 2 and 1, said Section 41, a distance of 197.8 feet across private property to the beginning of the second part of this easement. Thence continuing N 60 deg. - 58' W, along said line 27.5 feet North of and parallel to the South boundary of said Lot 1, to the Eastern shore of Oso Creek for the end of this description. 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 i 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 water 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 Mayo ,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 �„„a24-- day of January, 1981. ATTEST: C Secretary APPROVED: ;Z.` DAY OF JANUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By /' SCJ & / Assistant Cit td;orney T ' CITY OF CORPUS CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, xas o?/ day of lriyy 19 21 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 tie 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, // .di /764. THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones '- Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was pass. by the following vote: Luther Jones Edward L. Sample AOr Dr. Jack Best , Jack K. Dumphy Leopoldo Luna 1 Betty N. Turner 1 /i . . Cliff Zarsky ' 15981