HomeMy WebLinkAbout020971 ORD - 08/28/1990AN ORDINANCE
CLOSING AND ABANDONING A 2.5 FOOT WIDE BY APPROXIMATELY 103
FOOT LONG PORTION OF THE UTILITY EASEMENT ON THE SOUTHERLY
SIDE OF BLOCK 1, LOT 47, CEDAR RIDGE UNIT I, SHOWN BY PLAT
IN VOLUME 48, PAGES 164-165, MAP RECORDS, NUECES COUNTY,
TEXAS; PROVIDED THAT THE APPLICANT RE -PLAT THE PROPERTY
WITHIN 180 DAYS; PROVIDED THAT THE CITY OF CORPUS CHRISTI BE
HELD HARMLESS FOR FUTURE WORK PERFORMED ON UTILITY LINES
THAT MAY BE LOCATED WITHIN THE FIVE FOOT PORTION OF THE
EASEMENT NOT BEING CLOSED; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 2.5 foot wide by approximately 103
foot long portion of the utility easement on the southerly side of
Block 1, Lot 47, Cedar Ridge Subdivision, Unit I, shown by plat in
Volume 48, Pages 164-165, 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:
SECTION 1. That a 2.5 foot wide by approximately 103
foot long portion of the utility easement in Block 1, Lot 47, Cedar
Ridge Subdivision, Unit I, shown by plat in Volume 48, Pages 164-165,
Map Records, Nueces County, Texas, be and the same is hereby closed
for public use and every municipal purpose, providing that applicants
provide for relocation of the existing 10" sanitary sewer line or
provide such financial assurance acceptable to the City Attorney to
perform the relocation in the future or in the alternative, provide
hold harmless agreements to the City of Corpus Christi and the utility
companies within the easement for any damages that may occur and
subject to the property being replatted at applicant's expense within
180 days of passage of this ordinance. The hold harmless agreement
shall be contained in a covenant running with the land, which covenant
shall be filed in the Deed Records of Nueces County, Texas. The
covenant shall contain the following words: "The owners of the
property located at Cedar Ridge Subdivision, Unit I, Block 1, Lot 47,
their heirs, successors, and assigns indemnify and hold harmless the
City of Corpus Christi, its agents, employees, franchises, and
contractors ("Indemnitees") for any and all damages, including but not
limited to, property damage or damage to foundations, occurring due to
constructing, maintaining, service, repairing, or inspecting said
utilities, including damages caused by the sole negligence of
Indemnitees" or such other language as approved by the City Attorney.
The approved covenant must be filed in the Nueces County Deed Records
before the Replat may be filed in the Map Records of Nueces County,
Texas.
ORD-RES\90123.0RD 1
NIICH OFtLMEU
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 for efficient administration of City affairs by
granting the aforesaid zoning change, 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 is passed and shall take effect upon first reading
as an emergency measure this the day of. u� , 1990.
ATTEST:
City Secretary MA OR
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
, 1990
By
Ruben Perez
Assistant City Attorney
ORD-RES\90123.0RD 2
THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
day of if(A.(
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
19 1'
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances at three regular
meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance finally on the date it is introduced, or at
the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
YOR /
THE CITY OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Betty N. Turner �.
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
045