HomeMy WebLinkAbout19624 ORD - 01/20/1987AN ORDINANCE
CLOSING AND ABANDONING A FOUR -FOOT WIDE BY 27 -FOOT LONG
PORTION OF THE 10 -FOOT WIDE UTILITY EASEMENT IN LOT 21,
BLOCK 1, CLUB ESTATES UNIT 3, SUBJECT TO THE PROVISIONS
LISTED BELOW; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 4 -foot wide by 27 -foot long portion of the
10 -foot wide utility easement in Lot 21, Block 1, Club Estates Unit 3, recorded
in Volume 44, Pages 25-27, 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 4 -foot wide by 27 -foot long portion of the 10 -foot
wide utility easement in Lot 21, Block 1, Club Estates Unit 3, as recorded in
Volume 44, Pages 25-27, Map Records, Nueces County, Texas, and described by
attached metes and bounds marked Exhibit "A," be and the same is hereby closed
for public use and every municipal purpose, subject to the applicant paying
Central Power & Light $450.00 for the relocation of electrical lines therein and
paying the City of Corpus Christi $1,130.97 for the relocation of the gas line
therein; subject to the applicant executing a release and indemnity agreement
for the improvements built therein, all as set forth in the Release and
Indemnity Agreement attached hereto as Exhibit "B"; and subject to the property
being replatted at applicant's expense. 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
O1P.133.01
19624 MICROFILMED
4
resolutions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the day of
�_. , 1987
ATTEST:
City Secretary
APPROVED: %75DAY OF
HAL GEORGE, CITY ATT
01P.133.01
orney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
, 19k7
RELEASE AND INDEMNITY AGREEMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT I, Roger Siddall, Owner of Lot 21, Block 1, Club Estates Unit 3, 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 21, Block 1, Club Estates Unit 3
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 10 -foot wide utility easement on said Lot 21, Block 1, Club
Estates Unit 3 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, Roger Siddall, my heirs and/or assigns.
IN WITNESS WHEREOF, the said has set my hand this day of
19 e7.
THE STATE OF TEXAS S
COUNTY OF NUECES §
This instrument was acknowledged before me on —7-6Auj0.na-4 , l9&7,
by Roger Siddall. U
Notary Public in and £dr the State of Texas
EXHIBIT "B"
DEBRANKWY
way Public. State of Teras
My Commission Expires ' 9 g 7
BEING a 4 -foot wide by 27 -foot long strip of land out of Lot 21,
Block 1, Club Estates Unit 3, shown by plat in Volume 44,
Pages 25-27, Map Records, Nueces County, Texas, and being further
described by metes and bounds as follows:
BEGINNING at a point being North 60°58'00" West 10.00 feet and
North 29°02'00" East 11.00 feet from the southmost corner of said
Lot 21; .
THENCE North 29°02'00" East 27.00 feet to a point;
THENCE South 60°58'00" East 4.00 feet to a point;
THENCE South 29°02'00" West 27.00 feet to a point;
THENCE North 60'58'00" West 4.00 feet to the POINT OF BEGINNING and
containing 0.0025 acres, more or less.
EXHIBIT "A"
,
Corpus Christi, Tex
'a/ass
,3 , F, n,cy
ftt.L. day of `3 , 1987
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 CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best de
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01 19624