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HomeMy WebLinkAbout020702 ORD - 06/27/1989AN ORDINANCE CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT IN LOT 3, A PORTION OF LOT 4, BLOCK 1506, PORT ARANSAS CLIFFS SUBDIVISION, AND LOT 5-R, BLOCK 1506, J. CARUTHERS SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 10 -foot wide utility easement in Lot 3, a portion of Lot 4, Block 1506, Port Aransas Cliffs Subdivision, shown by plat in Volume 7, Page 25, Map Records, Nueces County, Texas, and Lot 5-R, Block 1506, J. Caruthers Subdivision, shown by plat in Volume 34, Page 50, Map Records, Nueces County, Texas; 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 10 foot wide utility easement in Lot 3, a portion of Lot 4, Block 1506, Port Aransas Cliffs Subdivision, shown by plat in Volume 7, Page 25, Map Records, Nueces County, Texas, and Lot 5-R, Block 1506, J. Caruthers Subdivision, shown by plat in Volume 34, Page 50, Map Records, Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, subject to the applicant paying all relocation costs for a gas facility therein; that a 5 foot utility easement be dedicated for the relocated gas line; that the northernmost 10' x 10' portion of the easement be retained as described by attached metes and bounds, marked Exhibit A, and that the applicant replat the property 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 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 208AG015.ORD MICROFILMED consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take ct upon first reading as an emergency measure this the 7 day of , 1989. ATTEST: City Secretary APPROVED:c90 day of `i0t , 19P HAL GEORGE, CITY ATTORNEY BY l _ `L(-oa.or- t�, ana . v Assistant City Attorney 208AG015.ORD f MAYOR 4 THE CITY OF CORPUS CHRISTI 5002 . .NCELL OR ROW P. 0 80X 7747 CORPUS CHRISTI, TEXAS 78415 PHONE: (512) 854-0281 i'iidE OF TEXAS WL1Li'Y OF NUEC±;S \MAVERICK;' ENGINEERING COMPANY one 15,1989 CORPORATE OFFICES: CORPUS CHRISTI, TEXAS BRANCHES: HOUSTON, TEXAS SAN ANTONIO, TEXAS CORPUS CHRISTI, TEXAS Job No. C 31,545 LILLUNO1'E DESCRIPTION of Utility Easement for Lots 3 and 4, Block 1506, Port Aransas Cliffs, as shown by hiap recorded is Volume 7, Page 25, Map Records, Nieces County, Texas, amid Lot 5R, Block 1506, J. Caruthers Subdivision, as shown by map recorded in Volume 34, Page 50, of said Map Records. BEL -INNING at the horn; ournei of Lot 5R, Block 1506, a 5/8" iron rod found fur „ hhuitherly corner and POINT OF BEGINNING of this tract; MtNCu, N 58° 48' 00" L, 5.00 feet along the northwest boundary line of said Lot 5R; THENCE, S 32° 7' 00" L, 65.44 feet to the southwest coiner of this utility easement; THENCE, N 58" 58' 00" E, 5.03 feel to an i„teiioi corner of said utility easement; ENGE, s 32° 27° 00" E, 94.81 feel along the southwest line of said utility easement to the southernmost corner Of said easement, said corner also being is the northwest right-of-way line of Soutu Staples Street; THENCE, N 13" 19' 00" r;, 13.96 feet Lo a dLi11 hole found for the eastetxmiost coiner of this tract; THENCE, N 32" 27' OU" w, 89.63 feet to an exterior northeast corner of said utility easement; THENCE, S 58° 58' 00" W, 5.00 feet to an interior corner of said utility easement; flll3NCE, N 32" 7' 00" W, 60.46 feel to the DOLthernmust corner of said utility easement, said point also lining 11, Lhe chortynveit boundary line of said Lot 5R; i9,E17CE, S 58° 58' 00" W, 5.00 feet to the POINT OF BEGINNING. CONTAINING 0.036 acre, more or .fess. IMMAVERICK ENGINEERING COMPANY FC4/ip ip c31545.1I ip/6-89 BYC I,- e C 7 n�g4e Fred C. Hayden, Jr. Registered Public Surveyor Texas No. 4486 EXIHIBIT "A" Corpus Christi, Texas / day of y /0l if , 198 1 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 The above ordinance Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 99.045.01 MWYOR THE CITY OF CORPUS CHRISTI, TEXAS ias passed tis ahe following vote: (l tt