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Home My WebLink About18516 ORD - 10/16/1984AN ORDINANCE CLOSING AND ABANDONING A 2.1 FOOT BY 20 FOOT PORTION OF A 7.5 FOOT UTILITY EASEMENT IN LOT 13, BLOCK 41, COUNTRY CLUB ESTATES UNIT 9A, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 2.1 foot by 20 foot portion of a 7.5 foot utility easement in Lot 13, Block 41, County Club Estates Unit 9A, as recorded in Volume 32, Page 144, 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 a 2.1 foot by 20 foot portion of a 7.5 foot utility easement in Lot 13, Block 41, Country Club Estates Unit 9A, as recorded in Volume 32, Page 144, Map Records of Nueces County, Texas, and described by metes and bounds below, be and the same is hereby closed for public use and every municipal purpose, subject to a building permit for a garage encroaching into said easement being applied for, 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 or construction activities in the easement, and provided that this easement be replatted. 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. BEING a portion of Lot 13, Block 41, Country Club Estates, Unit 9A, a subdivision in the City of Corpus Christi, as shown by map recorded in Volume 32, Page 144, Map Records, Nueces County, Texas, described as follows: COMMENCING at the northeast corner of said Lot 13; THENCE, along the common boundary between Lots 13 and 14, said Block 41, S 15°13'27"E, 7.50 feet; THENCE, S 74°46'33" W, 5.00 feet to the southeast corner and POINT OF BEGINNING of this tract; THENCE, continuing S 74°46'33" W, 20.00 feet; THENCE, N 15°13'27" W, 2.10 feet; THENCE, N 74°46'33" E, 20.00 feet; THENCE, S 15°13'27" E, 2.10 feet to the POINT OF BEGINNING. CONTAINING 42 square feet, more or less. 18516 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 take effect upon first reading as an emergency measure this the 16th day of October, 1984. ATTEST: Cit ecretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: /.6 DAY OF OCTOBER, 1984 J. BRUCE 'YCOCK, CITY ATTORNEY By �� - Assistan , Att.j a % THE STATE OF TEXAS COUNTY OF NUECES X 1 INDEMNIFICATION AGREEMENT This Agreement, made and entered into by and between the undersigned CORNELL C. BARNARD and LEE W. BARNARD, of Nueces County, Texas, hereinafter referred to as Guarantors, and the City of Corpus Christi, Texas, a municipal corporation, duly incorporated under and`by virtue of the laws of the State of Texas, of Nueces County, Texas, hereinafter referred to as City, W I T N E S SETH : WHEREAS, the City of Corpus Christi has title to a 7.5 foot easement over and across Lot 13, Block 41, COUNTRY CLUB ESTATES UNIT 9-A, a Subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof recorded in Volume 32 , Page, 144 , Map Records, Nueces County, Texas, and being furhter shown on the attached plat prepared by Maverick Engineering Company, which is incorporated herein for all purposes, marked Exhibit "A", and; WHEREAS, Guarantors have constructed improvements thereon, as indicated in said Exhibit "A" which encroaches upon the easement described above, for which reason Guarantors wish to indemnify and hold the City harmless by virtue of said encroachment; NOW, THEREFORE, in consideration of the premises and other good and valuable considerations in hand paid to the undersigned Guarantors by the City, the receipt and sufficiency of which is hereby acknowledged, the undersigned do hereby guarantee, promise and agree to and with the City that they will indemnify and hold the City harmless from anything and everything that may arise by virtue of the encroachment upon said easement as described in the premises hereof, which Agreement shall be binding not only on the undersigned but their heirs, administrators, and assigns, and Guarantors do promise and agree and do become bound to indemnify City and hold it harmless, together with its successors and assigns, for and against all damage, cost and expense of every nature that it may suffer, incur, or become bound for by reason of said encroachment. And Guarantors do hereby expressly waive and dispense with any demand upon them by the City or any notice of any sort, including notice of acceptance hereof. WITNESS OUR HANDS this the 15th day of May 1984. THE STATE OF TEXAS COUNTY OF NUECES x CORNELL C. BARNARD This instrument was acknowleded before me on the /541 day of 1984, by CORNELL C. BARNARD My commission expires: .7/ q/It THE STATE OF TEXAS COUNTY OF NUECES x x NOTARY 3 :L 1 , STATE OF TEXAS NOTARY'S PRINTED NAME: This instrument was acknowledged before me on the / ( day of , 1984, by LEE W. BARNARD My commission expires: !!1! //Fr NOTARY P : IC, STATE OF TEXAS NOTARY'S PRINTED NAME: ACCEPTED: CITY OF CORPUS CHRISTI BY: Date: City Manager APPROVED: DAY OF OCTOBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager PROPERTY LINE FD. 5/8' I.R. PORTION OF EASEMENT ui TO BE CLOSED M\\\\\\%\\\\\\ 20 BRICK AND FRAME GARAGE LOT 13 BLOCK 41 COUNTRY CLUB ESTATES UNIT 9-A EXHIBIT "A" POINT BEGIN 5.d 7.5 U.E. OF I NG PROPERTY LINE MAVERICK ENGINEERING COMPANY CORPUS CHRISTI, TEXAS SKETCH TO ACCOMPANY FIELDNOTE DESCRIPTION OF PROPOSED EASEMENT CLOSURE REV. DATE 8-3-84 SCALE I" = 5.0' JOB NO. C-25964 Corpus Christi, T xas 414 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, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passe the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. 1. Welder Brown Leo Guerrero if 1 Dr. Charles W. Kennedy , .1 Joe McComb if Frank Mendez ' Mary Pat Slavik , 18516