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AN ORDINANCE
CLOSING AND ABANDONING A PORTION OF JOHN STREET AS
FILED FOR RECORD IN VOLUME A, PAGE 4, MAP RECORDS
OF NUECES COUNTY, TEXAS; RETAINING A 30 -FOOT WIDE
DRAINAGE EASEMENT THE LENGTH OF THE CLOSURE, RE-
TAINING_A.5-FOOT.k1IDE BY 30 -FOOT LONG ELECTRICAL
EASEMENT "ALONG"THE NORTHEAST , CQRNER- OF JOHN STREET,
AND RETAINING A UTILITY EASEMENT FOR A 6 -INCH SANI-
TARY SEWER; PROVIDING FOR THE ABUTTING OWNER SOUTH OF
JOHN STREET TO FURNISH THE CITY WITH A HOLD -HARMLESS
INSTRUMENT FOR A 6 -INCH SANITARY SEWER LINE WHICH EXISTS
UNDER BUILDINGS SOUTH OF THE JOHN STREET CLOSURE AREA
TO THE CENTERLINE EXTENDED OF PREVIOUSLY CLOSED DEMPSEY
STREET; PROVIDING FOR REVERTING THE CLOSED RIGHT OF WAY
TO THE ABUTTING PROPERTY OWNER; AND DECLARING AN EMERGENCY.
WHEREAS, notice of the time and place for holding a hearing concerning
the closing of a portion of John Street, from the east right of way line of
North Port Avenue easterly, a distance of approximately 217.5 feet to the west
right of way line of a railroad right of way, as filed for record in Volume A,
page 4, Map Records of Nueces County, Texas, situated in the City of Corpus
Christi, Nueces County, Texas, was given by publication and mail to the last
known addresses of the owners of property abutting the area to be closed and
within 450 feet of the area to be closed, and thereafter, pursuant to said
notice, public hearing was held at Regular Council Meeting by the City
Council of the City of Corpus Christi on December 19, 1979, in accordance
with the provisions of the City Charter; and
WHEREAS, it has been determined by the City Council after such hearing
that the portion of John Street, hereinafter more fully described, proposed to
be closed, is not needed now, nor will it be within the foreseeable future
needed as public street and that it would best serve the public convenience
and necessity to close the portion of said street, subject to retention of a
30 -foot wide drainage easement the length of the closure, retention of a 5 -foot
wide by 30 -foot long electrical easement along the northeast corner of John
Street with the 30 -foot dimension being perpendicular to Port Avenue, and re-
tention of a utility easement for a 6 -inch sanitary sewer, provided the abutting
property owner south of John Street furnish the City with a hold -harmless instru-
ment for a six-inch sanitary sewer line which exists under buildings south of
the John Street closure area to the centerline extended of previously closed
Dempsey Street:
\Sts?ell Walt
16'644
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the portion of John Street, from the east right of
way line of North Port Avenue easterly a distance of approximately 217.5 feet
to the west right of way line of a railroad right of way, as filed for record
in Volume A, page 4, Map Records of Nueces County, Texas, be and the same is
hereby closed for public use and abandoned to the owners of the abutting pro-
perty, save and except that the hereinafter described drainage and utility
easements be retained for such purposes by the City of Corpus Christi:
Being an irregularly shaped tract of land to be retained
by the City for drainage easement out of that portion of
John Street proposed to be closed by City ordinance and
more particularly described by metes and bounds as follows:
BEGINNING at a point on the Northeast right-of-way line of above mentioned
John Street, said point begin the South corner of Lot 2, Block 3, John G. Hatch
Addition as shown by map of records in Volume A, Page 4, Map Records, Nueces
County, Texas, for the beginning point of the tract of land herein described;
THENCE South 21° 25' 49" West, a distance of 50.49 feet to a point on the
Southwest right -of -way.line of said John Street, said being the East corner
Lot 1, Block 4, said Hatch Addition;
THENCE North 60° 36' West, along Southwest right-of-way line of said John
Street, a distance of 17.0 feet to a point;
THENCE North 29° 24' East, a distance of 15.0 feet to a point;
THENCE North 60° 36' West, along a line that is 15.0 feet Northeast of and
parallel to the Southwest right-of-way line of said John Street, a distance of
204.5 feet to a point;
THENCE North 29° 24' East, along the extension of said Southeast right-of-
way line of Port Avenue a distance of 30.0 feet to a point on the Southeast
right-of-way line of said Port Avenue;
THENCE South 60° 36', along a line that is 5.0 feet Southwest of and
parallel to the Northeast right-of-way line of said John Street, a distance of
209.50 feet to a point;
THENCE North 29° 24' East, a distance of 5.0 feet to a point on the Northeast
right-of-way line of said John Street;
THENCE South 60° 36' East, along the Northeast right-of-way line of said
John Street,a distance of 10.0 feet to the place of beginning and containing
0.151 acre, more or less.
Being a 15 -foot square tract of land to be retained by
the City for utility easement out of John Street:
BEGINNING at a point on the Southwest right-of-way line of said John Street,
said point being the East corner of Lot 1, Block 4, Hatch Addition;
THENCE North 60° 36' West 45.1 feet along said right-of-way to the point of
beginning;
THENCE North 29° 24' East, a distance of 15.0 feet to a point;
THENCE North 60° 361 West, along.a line that is 15 feet Northeast of and
parallel to said right-of-way, a distance of 15.0 feet to a point;
THENCE South 29° 24' West, a distance of 15.0 feet to a point on said
right-of-way;
THENCE South 60° 36' East, along said right-of-way 15.0 feet to the point
of beginning and containing 225 square feet.
There is hereby also retained a five-foot wide by 30 -foot long
electrical easement along the northeast corner of John Street with the 30 -foot
dimension being perpendicular to Port Avenue. The closures and abondonment,
however, are subject to the furnishing by the abutting property owner to the
City of a hold -harmless instrument for a six-inch sanitary sewer line which
exists under buildings south of the John Street closure area to the centerline
extended of previously closed Dempsey Street.
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. That upon written request of the Mayor or five Council
members, copy attached, to find arid declare an emergency due to the need for
efficient administration of City affairs by the closure and abandonment of the
hereinabove described portion of John Street, subject to the conditions described
hereinabove, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this ordinance
is passed and shall to effect upon first reading as an emergency measure
this the day of , 1981.
ATTEST:
ROVED:
DAY OFn 9 ,_ , 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
day of , 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16644
RELEASE
STATE OF TEXAS §
COUNTY OF NUECES §
ci\--AA.1_9(c2.404
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, V. A. Bradley, Jr., acting herein as
Trustee of the Michael Lee Bradley Trust No. 1 and the Charles Samuel
Bradley Trust No. 1, of the County of Nueces, State of Texas, for and
in consideration of the sum of Ten and No/100 Dollars ($10.00) and
other good and valuable considerations to me in hand paid by the City
of Corpus Christi, the receipt of which is hereby acknowledged, do,
for myself as Trustee, my successors and assigns, hereby release and
forever discharge the City of Corpus Christi, and its successors and
assigns, of and from any and all claims, demands, damages, actions,
causes of action, or suits in equity, of whatsoever kind or nature
hereafter accruing, for or because of any matter or thing done,
omitted or suffered to be done by the said City of Corpus Christi, in
any way directly arising out of its (City of Corpus Christi) mainte- '
nance or repair of a certain six inch (6") sanitary sewer line lying
under the hereinafter described piece, parcel or tract of land
situated in Nueces County, Texts, the centerline of said sewer line
being more particularly descrifbed as follows:
Beginning at a point in the northeast line of Lot
No. 1-A, in Block No. Four (4), John G. Hatch
addition to the City of Corpus Christi, Texas, as
shown by the map or plat thereof recorded in
Volume 26, Page 80 of the Map Records of Nueces
County, Texas, reference which is herewith made
for a more particular description said point of
beginning being southeast of the southeast right-
of-way line of Port Avenue, Corpus Christi, Texas,
a distance of approximately 168.9 feet;
THENCE, in a southwesterly direction, parallel
with said southeast right-of-way line of Port
Avenue, a distance of ninety (90) feet, for the
point of terminus of said centerline description.
The above described six inch (6") sanitary sewer line is for
the benefit of and serves the following described piece, parcel or
tract of land situated in Nueces County, Texas, more particularly
described as follows:
Being Lot No. 10-A, in Block No. Three (3),
John G. Hatch addition to the City of Corpus
Christi, Texas, as shown by the map or plat there-
of recorded in Volume 26, Page 80 of the Map
Records of Nueces County, Texas, reference to
which is herewith made for a more particular
description.
IN WITNESS WHEREOF, this instrument is executed this 2 yf'^-
day of April, 1982.
co -
V. A. Bradley, J Trustee
of the Michael L efBradley
Trust No. 1 and Trustee of
the Charles Richard Bradley
Trust No. 1
STATE OF TEXAS §
COUNTY OF( NUECES §
BEFORE ME, the undersigned authority, on this day personally
-appeared V. A. Bradley, Jr., Trustee of the Michael Lee Bradley Trust
No. 1 and Trustee of the Charles Richard Bradley Trust No. 1, known to
me to be the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, and in the capacities
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20'1 day of
April, 1982.
Notary Public, State of Texas
My Commission Expires: S - 2 I - &6 -
JOHN R. PADILLA
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