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HomeMy WebLinkAbout020333 ORD - 05/31/1988AN ORDINANCE CLOSING AND ABANDONING A 3 -FOOT WIDE BY 40 -FOOT LONG PORTION OF THE 15 -FOOT WIDE UTILITY EASEMENT IN LOT 10, BLOCK 3, PELICAN BAY ESTATES, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 3 -foot wide by 40 -foot long portion of the 15 -foot wide utility easement in Lot 10, Block 3, Pelican Bay Estates, recorded in Volume 45, pages 72-73, 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 3 -foot wide by 40 -foot long portion of the 15 -foot wide utility easement in Lot 10, Block 3, Pelican Bay Estates, as recorded in Volume 45, pages 72-73, Map Records of Nueces County, Texas, and further 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 within 180 days of passage of this ordinance. 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 above-mentioned 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 at three regular meetings so that this ordinance 007.ord 20333 MICROFILMED is passed and shall take gfect upon first reading as an emergency measure this the day of 19 y ATTEST: City Secretary tiIlL1 CIT OF CORPUS CHRISTI, TEXAS APPROVED: 5 DAY OF M y , 19 S HAL GEORGE, CITY ATTORNEY 007.ord BEING a 3 foot wide by 40 foot long tract of land out of Lot 10, Block 3, Pelican Bay Estates, shown by Plat in Volume 45, Pages 72-73, Map Records, Nueces County, Texas, and further described as follows: BEGINNING at a point being the west corner of said Lot 10, being also a point on the northeasterly right-of-way of 80 foot wide Ennis Joslin Road; THENCE, N56°50'31"E along the northwest boundary of said Lot 10, 15.00 feet to a point; THENCE, southeasterly along the arc of a circular curve to the right whose initial tangent bearing = S33°35'38"E, central angle = 0°26'15", and radius = 1,964.86 feet, a distance of 15.00 feet to a P.C.C. and the POINT OF BEGINNING of this tract; THENCE, southeasterly along the arc of a circular curve to the right whose central angle = 1°09'59" and radius = 1,964.86 feet, a distance of 40.00 feet to a point; THENCE, S58°00'30"W, 3.0 feet to a point; THENCE, northwesterly central angle = 1°09'59", a point; THENCE, N56°50'47"E, 0.0028 acres, more or less along the arc of a circular curve to the radius = 1,961.86 feet, a distance of 39. 3.0 feet to the POINT OF BEGINNING, and EXHIBIT "A" left whose 94 feet to containing Corpus Christi, Texas N -day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198g 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 The above ordinance Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.045.01 NyAYOR THE CI Y OF CORPUS CHRISTI, TEXAS was passed by the following vote: alLiatit,t Ly a c,t Cduautit ak,i( 4L,L, 20333