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HomeMy WebLinkAbout021200 ORD - 07/30/1991AN ORDINANCE CLOSING AND ABANDONING A 1.35 -FOOT WIDE BY 60 -FOOT LONG PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT ALONG THE NORTHWEST PROPERTY LINE OF LOT 26, BLOCK 3, WEBER'S GLEN SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists an encroachment upon 1.35 -foot wide by 60 -foot long portion of a 10 -foot wide utility easement along the property line of Lot 26, Block 3, Weber's Glen Subdivision, shown by plat in Volume 49, Pages 165-167, Map Records, 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: SECTION 1. That a 1.35 -foot wide by 60 -foot long portion of a 10 -foot wide utility easement along the northwest property line of Lot 26, Block 3, Weber's Glen Subdivision, shown by plat in Volume 49, Pages 165-167 of the Map Records, 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, provided however, the City Engineer may extend the time limit for an additional one hundred eighty (180) days if extenuating circumstances outside the applicant's control necessitate an extension, and subject to applicant executing a Declaration of Covenant in substantially the same form as attached hereto as Exhibit "A," prior to replatting. 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 the efficient and effective administration of City affairs, 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 AG5000.013.kp rr' idleitifILMED meetings so that this ordinance is assed nd shall take effect upon first reading as an emergency measure this the,&! day of / , 1991. Al 1'EST: elar City Secretary MAYOR J THE CITY OF CORPUS CHRISTI APPROVED: 16 DAY OF Ql2,, 1991 JAMES R. BRAY JR., CITY ATTORNEY By: (.IF 4c"y�`uva c� Assistantt City ttorney AG5000.013.kp DECLARATION OF COVENANT THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared both Ruben O. Gonzales, and wife, Elva Gonzales, who, after being duly sworn, each upon his and her oath state as follows: "Our names are Ruben O. Gonzales and Elva Gonzales. We are each more than eighteen years of age, of sound mind, capable of making this Declaration, neither of us has ever been convicted of a felony, and each have personal knowledge of the facts stated herein, which are true and correct. We are residents of Nueces County, Texas, and live at 7145 Lake Tahoe Drive, Corpus Christi, Texas. "We are owners of the property described as Lot 26, Block 3, Weber's Glen Subdivision, shown by plat in Volume 49, Pages 165-167, Map Records, Nueces County, Texas. "In consideration for closing and abandoning a 1.35 -foot wide by 60 -foot long portion of a 10 -foot wide utility easement along the northwest property line of Lot 26, Block 3, Weber's Glen Subdivision, as described by Ordinance D•1 RD 0 passed by City Council of the City of Corpus Christi, Texas, on 3V4 d 3U• /99 / , we hereby declare that the property described above shall be held, sol , and conveyed subject to the following covenant for the purpose of protecting the City of Corpus Christi, its agents, employees, franchisees, and contractors ("Indemnitees"). "NOW THEREFORE, we, the undersigned, owners of the property described above, hereby indemnify and hold harmless the Indemnitees for any and all damages, including, but not limited to, property damage or damage to foundations or patio surfaces occurring due to constructing, maintaining, servicing, repairing, or inspecting said utilities, including damages caused by the sole negligence of Indemnitees. "This covenant is for the purpose of protecting the value and desirability of, and which shall run with, the real property described above and shall be binding on all parties having any right, title, or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which covenant shall inure to the benefit of each owner thereof. AG0960.001.kp EXHIBIT "A" "The Indemnitees shall have the right to enforce, by and proceeding at law or in equity, all rights and restrictions herein imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter." EXECUTED this day of owners of the above described property. , 1991, by the undersigned Ruben O. Gonzales Elva Gonzales 1991. SUBSCRIBED AND SWORN TO before me this day of Notary Public, State of Texas ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by Ruben O. Gonzales and Elva Gonzales, on the day of , 1991. Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Corpus Christi Legal Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 AG0960.O01.kp Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 THE CITY OF CORPUS CHRISTI e' Ate,,„ k