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
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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
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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.
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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
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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
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