HomeMy WebLinkAbout19202 ORD - 02/25/1986AN ORDINANCE
CLOSING AND ABANDONING APPROXIMATELY 106 SQUARE FEET OF
THE 20 -FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 18-A,
Block 3, JACKSON WOODS, UNIT 2 SUBDIVISION, SUBJECT TO
THE PROVISIONS LISTED BELOW; AND DECLARING AN
EMERGENCY.
WHEREAS, there exists an approximately 106 square feet of the
20 -foot wide drainage easement out of Lot 18-A, Block 3, Jackson Woods,
Unit 2 Subdivision, recorded in Volume 46, Page 165, 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 approximately 106 square feet of the 20 -foot
wide drainage easement out of Lot 18-A, Block 3, Jackson Woods, Unit 2
Subdivision, recorded in Volume 46, Page 165, Map Records, Nueces County,
Texas, described by metes and bounds attached hereto as 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 subject
to the execution of a release and indemnity agreement protecting the City
against claims due to possible flooding of adjacent structures, a
substantial copy of which is attached hereto as 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
subdivision, clause, phrase, word or provision of thi
held invalid or unconstitutional by final judgment of
jurisdiction, it shall not affect any other
subdivision, clause, phrase, word or provision of this
the definite intent of this City Council that every
subdivision, clause, phrase, word or provision hereof
and effect for its purpose.
section, paragraph,
s ordinance shall be
a court of competent
section, paragraph,
ordinance, for it is
section, paragraph,
be given full force
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 drainage 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
02G.123.02
19202 MICROFILMED
•
this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 25th day of February, 1986.
ATTEST:
City Secretary
MAYO
HE CIT OF CORPUS CHRISTI, TEXAS
APPROVED: 25— DAY OF FEBRUARY, 1986
Assistant
02G.123.02
, 11111
'•HANCELLOR ROMI CORPORATE OFFICES:
CORPUS CHRIST!, TE
BRANCHES: HOUSTON
SAN ANTO
P. O. BOX 7747 ' - XAS
CORPUSCHRISTI, TEXAS78415 E\NGINEERI�G , TEXAS
PHONE: (5121 854-028 7
COMPANY NNII, TEXAS
TELEX: 76.7599 V CORPUS
February 4, 1986
STATE OF TEXAS
COUNTY OF NUECES
CHRISTI, TEXAS
Job No. C 25,107
DESCRIPTION of a portion of Lot 18A, Block 3, Jackson Woods Unit 2 Replat,
as shown by map recorded in Volume 46, Page 165, Map Records, Nueces County,
Texas.
COMMENCING at the south corner of said Lot;
THENCE, along the southwesterly line thereof, N 54° 17' 20" W, 5.80 feet;
THENCE, N 35° 42' 40" E, 19.21 feet for the south corner and POINT OF
BEGINNING of this tract;
THENCE, N 55° 29' 26" W, 62.00 feet for the west corner of this tract;
THENCE, N 34° 30' 34" E, 2.63 feet for the north corner of this tract;
THENCE, southeasterly and parallel with said southwesterly line of said Lot,
S 54° 17' 20" E, 62.00 feet for the east corner of this tract;
THENCE, S 34° 30' 34" W, 0.79 feet to the POINT OF BEGINNING.
MAVERICK ENGINEERING COMPANY
HRH:pem
THE STATE OF TEXAS S
COUNTY OF NUECES $
RELEASE AND INDEMNITY AGREEMENT
KNOW ALL BY THESE PRESENTS:
THAT I, Jack L. Tucker, Owner of Lot 18-A, Block 3, Jackson Woods Unit 2,
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 18-A, Block 3, Jackson Woods Unit 2
Subdivision, do hereby forever release and discharge the City of Corpus
Christi, its 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 abandoned easement by the undersigned,
specifically related to improvements to the property situated within the
originally platted 20 -foot wide drainage easement on said Lot 18-A, Block 3,
Jackson Woods Unit 2 Subdivision.
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, Jack L. Tucker, my heirs and/or assigns.
IN WITNESS WHEREOF, the said has set my hand this day of
, 19
Jack L. Tucker
THE STATE OF TEXAS S
COUNTY OF NUECES S
This instrument was acknowledged before me on
19 , by Jack L. Tucker.
Notary Public in and for the State of Texas
e Iv
Corpus Christi, Texas
Ok 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
�• ;4/
THE CIT 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
19202