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Home My WebLink About18758 ORD - 03/26/1985.0.41.04 AN ORDINANCE CLOSING AND ABANDONING A TRIANGULARLY SHAPED PORTION OF A 30 FOOT WIDE DRAINAGE EASEMENT IN LOT 23, BLOCK 1, JACKSON PLACE SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 30 foot wide drainage easeomnt in Lot 27, Block 1, Jackson Place Subdivision, recorded in Volume 23, Pages 90, 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 triangularly shaped portion of a 30 foot wide drainage easement an Lot 27, Block 1, Jackson Place Subdivision, which easement is recorded in Volume 23, Page 90, be and the same is hereby closed for public use and every municipal purpose, subject to the property being replatted at applicant's expense, subject to the dedication of an additional 10 foot wide by 55 foot long area ae s drainage easement, and subject to the execution of a hold harmless agreement protecting the City against claims due to possible flooding of adjacent structure, as more fully set forth in the hold harmless agreement, a substantial copy of which 1s attached hereto and made a part hereof, marked Exhibit ,A,,. The above described triangularly shaped portion of the said 30 foot wide drainage easement Is hereby abandoned to the ow of the abutting property in accordancewith 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 wr tten 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 at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule to consideration and voting upon ordinances or resolutions at three 18158 MICROFILMED 10 41.04 regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the nth day of March, 1985. ATTEST Attang City Sern a MAYOR THE C Y OF CORPUS CHRISTI, TEXAS APPROVED. 2696AY OF MARCH, 1985 J. BRUCE 881014, CITY ATTORNEY By to Ci try`ryic�rney�—� RELEASE AND INDEMNITY AGREEMENT THE STATE OF TEXAS 5 KNOW ALL BY THESE PRESENTS COUNTY OF NUECES 5 THAT We, L. D. and Camalla Watkans, Owners Of Lot 2), Block 1, Jackson PlaCe, 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 drainage easement in Lot 27, Block 1, Jackson Place, do hereby forever release and discharge the Caty of Corpus Chrasti, its agents, emplOyees, successors and assowns 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 abandoned easement portion by the undersagned, specifically related to Improvemants to the property situated within the originally platted 30 foot drainage easement on sald Lot 17, Block 1, Jackson Place 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, L. D. a. Camodla Watkins, our heirs and/or assagns. IN WITNESS WHEREOF, the said L D. and Camilla Watkins have set our hands this day of , 1965. L D. Watkins THE STATE OF TEXAS 9 COUNTY OF NUECES 5 This instrument was acknowledged before me on , 1965, by L. D. Watkar.. Notary Pablo, in and for the State o was THE STATE OF TEXAS § COUNTY OF NUNCES 5 This Instrument was acknowledged before me on , 1985, by Camilla 4Mtkins. Notary Embalm an and for the State of Texas E.Ah.'A" OGLETREE. BYHME, WELRH S HGBHER ENGINEERING OMmalso maps sin0r0 007E216 CORPUS Cumn TEXAS 7002 PROPERTY DESCRIPTION 27R, / PROSECT: Block 1, Jackson Place PREPARED 112,40°B A89-85034 Portion of /�� DESCRIPTION D.E. be closed CHECKED BY Y�Ts(DATE•G3 /15/85 REVISED• SHEET 1 OF 1 STATE OF TEXAS COUNTY OF NUECES DescrIp portionofeaseof a 0.019 acre tract of ment land, less, being a a 30' drainage a ent outof Lot 27, Block 1 Jackson Place, a map of whdch Is recorded an Volume 23, Page 90 of the Map Records of Nueces County, a T aid 0.019 acre tract as further described bymetesand bounds as follows: BEGINNING at a 5/8" iron rod set 1n the Northeast boundary line of said Lot 27 for the Northernmost corner of this tract which bears 559°22'46"E 43.00 feet from the Northernmost corner of said Lot 27; THENCE S59°22'46"E 2.54 feet along the Northeast boundary 1100 of said Lot 27 to a 5/8" iron rod set in the Easterly boundary line of said 30' drainage easement for the Easternmost corner of this tract; THENCE 021°46'53"W along said Easterly boundary line of said 30' drainage easement 96.30 feet to a 5/8" Iron rod set in the Northerly right-of-way line of Birdwood Lane for the Southernmost corner of this tract, said Northerly right-of-way being a cular curve to the right, having a initial tangent bearing of N60°09'33"Wins iral angle of 02°42',34", a radius of 227.58 feet and a tangent length o£ 5.38 feet; THENCE along said Northerly right-of-way line of Hardwood Lane being said circular a to the right a distance of 10.76 feet to a 1" Ironprpe found at the point o£ tangency, THENCE continuing along said N rtherly right-of-way line of irdwood L N57°27'00"4 4.50 feet to a 5/8" Iron rod set for the Westernmost corner 00 this tract; THENCE 0f°2194.92 feet to the POINT OF BEGINNING. APPROVED BY: N/a, U.lx4 Nixon M. Welsh, 0.0.1 R.P.S. 40 90 E0 GRAPHIC SCALE IN FEET SK8T414 f Av4H1,40Y lPtE A05 AoJJOS 085CIFIF AU 1m Ga OGLETREE, BYRNE, WELSH AND HUBNER E.INEEFIS ♦A.etAu' E 00X 72000zl 993 6160 Corpus Christi, e 4✓+ day of p (yC. , 1985 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the r set forth to the emergency clause of the foregoing ordinance or resolution, emergency exists requiring suspension of the Charter rule s to consideration and voting upon ordinances or resolutions at three regular meetings; i/we, therefore, request that you suspend said Charter rule andpassa resolution finally on the date It is introduced, oratthe present meeting oftheCityCouncil. Respectfully, Respectfully, Council Members 1MYOR (/ THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed y the following vote Luther Jones / Betty N. Turner David Berlanga, Sr. Welder Bron Leo Guerrero Dr Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18758