HomeMy WebLinkAbout19385 ORD - 07/22/1986AN ORDINANCE
CLOSING AND ABANDONING A 0.8 FOOT BY 15 FOOT PORTION OF 7.5
FOOT WIDE UTILITY AND EASEMENT IN LOT 11, BLOCK 3,
CRESTMONT SUBDIVISION UNIT 10R, SHOWN BY PLAT IN VOLUME 51,
PAGES 67-68, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDING
FOR REPLATTING; PROVIDING APPLICANT SIGN A HOLD HARMLESS
INSTRUMENT; SUBJECT TO THE PROVISIONS LISTED BELOW; AND
DECLARING AN EMERGENCY.
WHEREAS, there exists a 7.5 foot wide utility easement in Lot 11,
Block 3, Crestmont Subdivision Unit 10R, recorded in Volume 51, Pages 67 and 68,
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 an 0.8 foot by 15 foot portion of a 7.5 foot wide
utility easement in Lot 11, Block 3, Crestmont Subdivision Unit 10R, as recorded
in Volume 51, Pages 67 and 68, be and the same is hereby closed for public use
and every municipal purpose, subject to the property being replatted at
applicant's expense, said abandoned area being that area encroached upon by
applicant's structure as set forth on the attached diagram 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. That the closure and abandonment provided for herein shall
be subject to the execution of a release and indemnity agreement by the owner of
said described land under the conditions and in the form as shown in "Exhibit
A", attached hereto and made a part hereof.
SECTION 3. 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 4. 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 at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
07P.082.04
19385 MICROFILMED
rule as to consideration and voting upon ordinances or re
regular meetings so that this ordinance is passed and shal
2�id
first reading as an emergency measure this the ?%day of
ATTEST:
lutions at three
to e effect upon
, 1986.
CityecS cretary MA
APPROVED: aZ_ DAY OF JULY, 1986
111 stant City A is
07P.082.04
rney
F CORPUS CHRISTI, TEXAS
"EXHIBIT A"
RELEASE AND INDEMNITY AGREEMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT I, Luis Gonzalez, Owner of Lot 11, Block 3, Crestmont Unit 10R, 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 11, Block 3, Crestmont Unit 1OR
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 7.5 -foot wide utility easement on said Lot 11, Block 3,
Crestmont Unit 1OR 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, Luis Gonzalez, my heirs and/or assigns.
IN WITNESS WHEREOF, the said has set my hand this day of
, 19
THE STATE OF TEXAS §
COUNTY OF NUECES §
Luis Gonzalez
This instrument was acknowledged before me on , 19 ,
by Luis Gonzalez as Owner of Lot 11, Block 3, Crestmont Unit 10R.
Notary Public in and for the State of Texas
"Exhibit A"
LOT I LOT a
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S 28°30' oo" w
LOT 10
r2A' Y.R.
SET 5/e" I.R.
N 0,1°27' 10"W 50.00'
19999' TOA POINT WHERE
a PERSIMMON STREET BEGINS
m TO TURN INTO BEARDMORE
DRIVE.
PERSIMMON STREET
THHIS IS A STAKED SURVEY•
BUYERS: RUDY GONZALEZ,JR. .
E WIFE, IRMA A. GONZALEZ.
THIS PROPERTY DOES NOT LIE
WITHIN ANY 10p YEAR FLOOD
PLAIN DESIGNATION AS
ESTABLISHED BY, THE FEDERAL•
INSURANCE ADMINISTRATION.
"Exhibit B"
SURVEY OF
LOT I I , BLOCK 5
CRESTNIONT UNIT IOR
Corpus Christi, Tex
22nt day of
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,
, 198
Council Members
MAYOR
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
19385