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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 17861R7d3S 1/3059 • 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 ; - .5 0/.03 s cr, og'37-- ems' / ///_4/ Atiolaadmedr e)?ex de_ p,/,/T OF herNA/A4A/s tO 1 MAP TO ACCDMPAW 1M-Go/VOTES: I"FM 71/S AzA.4/00A/AroAfr 0, me AlewA/A/Esr 0/6 .06&70FAA/6X/.07/A/0 600 PO0T017 I1/774.17Y 64651o0A/7 46 SWAM/ OA/ 4076, ,04,0e.e " A2/A/76,e5 Pamir dAhr 4 .4 AMP IOA -1////4:4, is AW-GOA10.01,c, m / vozave .0, mews Virq,/iS, "AP ,C46-e0,e,475 4 A.0./6G6-5 I cal/A/7)• 74: YA/725..4e:1:; f•••K•?4./..7** a ver' "ex ,ez/ avvg IIURBAN ENGINEERING Darr Afov /7/ /9.63 sy-A. doe AU /h1.9. ,'/ 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