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Home My WebLink About19019 ORD - 09/17/1985• AN ORDINANCE CLOSING AND ABANDONING AN APPROXIMATE 40 SQUARE FOOT AREA OF A 5 -FOOT WIDE UTILITY EASEMENT IN LOT 7, BLOCK 1, LAMAR PARK SUBDIVISION, SECTION 1, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists an approximate 40 square foot area of a 5 -foot wide utility easement in Lot 7, Block 1, Lamar Park Subdivision, Section 1, as recorded in Volume 11, Page 25, Map Records of Nueces County, Texas; and WHEREAS, it has to the City of Corpus provisions listed below: NOW, THEREFORE, CORPUS CHRISTI, TEXAS: been determined that it is feasible and advantageous Christi to abandon said easement, subject to the BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That an approximate 40 square foot area of a 5 -foot wide utility easement in Lot 7, Block 1, Lamar Park Subdivision, Section 1, as recorded in Volume 11, Page 25, Map Records, Nueces County, Texas, and further described by metes and bounds, a substantial copy of which is 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 property being replatted at applicant's expense and the execution of a hold harmless instrument, a substantial copy of which 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 04P.098.01 19%9 MICROFILMED take effect upon first reading as an emergency measure this the 17th day of September, 1985. ATTEST: IC�441?.......- City Secretary MAYOR APPROVED: MI DAY OF SEPTEMBER, 1985 Assistan 04P.098.01 THE CITY OF CORPUS CHRISTI, TEXAS a6.7_4, L.e.,:..,,,,..q.• OGLETREE, BYRNE, WELSH E. HUBNER ENGINEERING (512) 993.6160 5934 S. STAPLES, SUITE 216 P. O. BOX 72880 CORPUS CHRISTI. TEXAS 78472 PROPERTY DESCRIPTION Lot 7 & W 31 of Lot 8, Blk. 1, PROJECT: Lamar Park Section 41 PREPARED BY:� JOB 489-85085 Easement DESCRIPTION: Portion to be Closed CHECKED BY:j4ATE:09/06/85 .41 REVISED: STATE OF TEXAS COUNTY OF NUECES SHEET / OF / Description of 40 square feet of land, more or less, being a portion of a five foot utility easement in Lot 7, Block 1, Lamar Park Subdivision Section 1, a map of which is recorded in Volume 11, Page 25 of the Map Records of Nueces County, Texas, said 40 square feet as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set in the Southeast boundary line of said five foot utility easement which bears S40°58'43"E 5.00 feet and N48°43'20"E 4.60 feet from the Westernmost corner of said Lot 7, said beginning point for the Southernmost corner of this tract and being 0.25 feet Southwest of the Southwest face of an existing garage; THENCE along a line that is 0.25 feet Southwest of and parallel to said Southwest face of existing garage N46°08'09"W 0.70 foot to a 5/8" iron rod set for the Southwest corner of this tract; THENCE along a line that is 0.25' Northwest of and parallel to the Northwest face of said existing garage N43°51'51"E 26.80 feet to a 5/8" iron rod set for the Northernmost corner of this tract; THENCE along a line that is 0.25' Northeast of and parallel to the Northeast face of said existing garage S46°08'09"E 2.02 feet to a 5/8" iron rod set in said Southeast boundary line of five foot utility easement for the Easternmost corner of this tract and being in a circular curve to the right having an initial radial bearing of N45°04'19"W, a central angle of 03°29'41", a radius of 440.00 feet and a tangent length of 13.42 feet; THENCE along said Southeast boundary line of five foot utility easement being a line extending through said garage an arc distance of 26.84 feet along said circular curve to the right to the POINT OF BF N G. ,q6 OF T£� NIXON M. WELSH 2711 PROVED BY: (7&. /0/6 ixon M. Welsh, P.E.& R.P.S • RELEASE AND INDEMNITY AGREEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT I, Mariam Tettleton, Owner of Lot 7, Block 1, Tamar Park Subdivision, Section 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 7, Block 1, Lamar Park Subdivision, Section 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 7, Block 1, Lamar Park Subdivision, Section 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, Marium Tettleton, my heirs and/or assigns. IN WITNESS WHEREOF, the said Marium Tettleton has set my hand this day of , 19 Marium Tettleton THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 , by Marium Tettleton. Notary Public State of Texas My Commission Expires: “o* o. Corpus Christi, Te s l 7 ok day of , 1985. 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 THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19019