HomeMy WebLinkAbout18059 ORD - 01/25/1984AN ORDINANCE
CLOSING AND ABANDONING A 0.15 FOOT WIDE BY 100.32 FOOT LONG
PORTION OF THE 5 FOOT WIDE UTILITY EASEMENT IN LOT 5, BLOCK
101, HUNTERS POINT UNIT 1 SUBDIVISION, SUBJECT TO THE
,PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 0.15 foot wide by 100.32 foot long portion of
a 5 foot wide utility easement in Lot 5, Block 101, Hunters Point Unit 1
Subdivision, recorded in Volume 47, Pages 192-193, 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
provisions listed below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 0.15 foot wide by 100.32 foot long portion of a
5 foot wide utility easement in Lot 5, Block 101, Hunters Point Unit 1
Subdivision, as recorded in Volume 47, Pages 192-193, Map Records of Nueces
County, Texas, all as more fully shown on the map attached hereto and made a
part hereof, marked Exhibit "A", be and the same is hereby closed for public use
and every municipal purpose subject to the applicant securing approval from the
Board of Adjustment for violation of zoning setback, providing for replating at
the owner's expense, providing for an indemnification and hold harmless
agreement, a copy of which agreement is attached hereto and made a part hereof,
marked Exhibit "B". 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
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
MICROFILMED
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1/3059
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take effect upon first reading as an emergency measure this the 25th day of
January, 1984.
ATTEST:
dit ec` retary
APPROVE4�' SAY OF JANUARY, 1984
Bruce Aycock, y Attorney
,r1 -eq,
MAYOR Pro- in
THE CITY OF CORPUS CHRISTI, TEXAS
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RELEASE AND INDEMNITY AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:.
THAT I, Ralph Morrison, Owner of Lot 5, Block 101, Hunters
Point Unit 1, 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 5,
Block 101, Hunters Point Unit 1, 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 5 foot utility
easement on said Lot 5, Block 101, Hunters Point Unit 1.
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 Owner, Ralph Morrison, my heirs and/or
assigns.
IN WITNESS WHEREOF, the said Ralph Morrison has set my hand
this day of , 1984.
Ralph Morrison
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
198 by Ralph Morrison.
Notary Public
State of Texas
My Commission Expires:
Corpus Christi, Te
2,$ 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,
Council Members
MAYOR Np.iau!
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
15.059