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Home My WebLink About18004 ORD - 01/04/1984AN ORDINANCE CLOSING AND ABANDONING A 1 FOOT BY 21.5 FOOT PORTION OF A 7.5 FOOT UTILITY EASEMENT IN LOT 4, BLOCK 10, SCHANEN ESTATES WEST UNIT 10, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 1 foot by 21.5 foot portion of a 7.5 foot utility easement in Lot 4, Block 10, Schanen Estates West Unit 10, recorded in Volume 42, Pages 18-19, Map Records of Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement, subject to the execution of a hold harmless agreement by the owner, running with the land and protecting the City from any damage claim resulting from maintenance of construction activities in the 715 foot 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 1 foot by 21.5 foot portion of a 7.5 foot utility easement in Lot 4, Block 10, Schanen Estates West Unit 10, as recorded in Volume 42, Pages 18-19, Map Records. of Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, said easement being described as follows: BEGINNING at a point of being South 28°30' West 7.50 feet and North 61°30' West 15.0 feet from the East corner of said Lot 4; THENCE North 61°30' West 21.5 feet to a point; THENCE North 28°30' East 1.0 feet to a point; THENCE South 61°30' East 21.5 feet to a point; THENCE South 28°30' West 1.0 feet to the POINT OF BEGINNING and containing 21.5 square feet. subject to payment of a $500.00 fee allowing $100.00 credit for the application fee previously paid and the execution of a hold harmless agreement by the owner running with the land and protecting the City from any damage claim resulting from maintenance or construction activities in the 7.5 foot easement. The above described utility easement is hereby 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, Texas. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or 'MICROFILMED .r. 4 SEP 2 81984 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 and declare an emergency due to the need to close and abandon the abovementioned utility easement at the earliest practicable date, 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 take effect upon first reading as an emergency measure this the 4th day of January, 1984. ATTEST: 1I�� d? Ci y . cretary APPROVED: 0'7 DAY OF JANUARY, 1984 71114"1 - Bruce Aycock 47 City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Corpus T 4 day of ,198 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, MAYOR Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed ., the following vote: Luther Jones Betty N. Turner �J David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 113004 LOCATION MAP `\ 4' L,of„rlr•. r71'I •ip SCALE t t/ ..�1.iE4'•; Llrav FE I.1- ,,11 1-t La •?, NOTE: THIS IS 1'0 CERTIFY THAT I HAVE CONSULTED TFIE FEDERAL INSURANCE FLOOD HAZARD MAP AND FOUND THAT THE. PROPERTY DESCRIBED IILRLIN IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA. nrllFr .' hlrr, 1, rule 2 .5 r” 3�ys 1h„U9 r. It -r, C,N1. HAP - ,,.if r! 1I.% cle it ,A � r�.o'Iti,G• .! Cs*Ic• Peck n,rew '.pool MINI `\\ Ir GURvF IATo.• G c h•oy•os" 1 . 90 N • \\ \\\\ • 1 u\ �r Il tLntii f. \ L �_ \ \\ 4\ 1 Lo -r 4 n.,L0014 to rI rra t k 3714 o ot-JKIE R'S iWroo FE4st ovER G6. if4' 1`2'4" GR. Woor7 TOLIE 171ZIvE (`'b1 RD.W.) SCALE: 01'1201 / SURVEY OF L0T I-, 124.0c,K 10 )cHAJ 1 ESTATES WEST OKI IT 1O akP1Y c.i±01 ;T1 A1l,EG(c1� COUNTY ,TEXAS WE, MAVERICK ENGINEERING COMPANY, HAVE MADE A SURVEY ON THE GROUND OF THE FOREGOING PROPERTY AND WE CERTIFY THAT THERE ARE J1Q \K.lv-LE �H°LhI BY: PAGE''.IPJ1.1 DATE A '14-I`I7f A MAVERICK E11G INEERIIOG CCOMPASJY V GF NO '21v15 SM DATE 10- 17- IgA JOB NO.C-2 tet' L DRN• (!r -(L CKD: RELEASE AND INDEMNITY AGREEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT WE, Michael R. Ward, and wife Tina Ward, Owners of Lot 4, Block 10 of Schanen Estates West, Unit 10 a subdivision of the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the abandonment by the City of Corpus Christi of a portion of a utility easement in Lot 4, Block 10, Schanen Estates West, Unit 10 (evidenced by the shaded portion on the attached Exhibit "A"), we do hereby forever release and discharge the City of Corpus Christi, their agents, employees, successors and assigns and other lawful users of said easement from all claims and causes of action, that may arise as a result of the use and occupancy of said easement by the undersigned, specifically related to improvements to the property situated within the originally platted 7.5 foot utility easement on said Lot 4, Block 10, Schanen Estates, Unit 10. This Release and Indemnity Agreement shall constitute a•covenant running with the land and shall be included as a part of any conveyance hereof by the said Owners, Michael R. Ward and wife, Tina Ward, our heirs and/or assigns. IN WITNESS WHEREOF, the said Michael R. Ward and wife, Tina Ward, have set our hands this day of , 1983. Michael R. Ward Tina Ward (wife) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 198 by Michael R. Ward and wife, Tina Ward. Notary Public State of Texas My Commission expires: