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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