HomeMy WebLinkAbout021211 ORD - 08/06/1991AN ORDIrTANCE
CLOSING AND ABANDONING A 3 FOOT WIDE BY 98 FOOT LONG PORTION
OF A 5 FOOT WIDE UTILITY EASEMENT ALONG THE WEST PROPERTY
LINE OF LOT 7, BLOCK 1, RYAN SUBDIVISION; SUBJECT TO THE
PROVISIONS LISTED BELOW.
WHEREAS, there exists a 3 foot wide by 98 foot long portion of a 5 foot wide utility
easement in along the west property line of Lot 7, Block 1, Ryan Subdivision, shown by plat in
Volume 14, Page 10, 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 easements, 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 3 foot wide by 98 foot long portion as depicted on the attached
site plan of a 5 foot wide utility easement in Lot 7, Block 1, Ryan Subdivision shown by plat in
Volume 14, Page 10, Map Records, Nueces County, Texas, be and the same is hereby closed for
public use and every municipal purpose subject to the following provisions:
1. Applicants shall provide a hold harmless agreement which shall be contained in a
covenant running with the land and filed in the Deed Records of Nueces County,
Texas, to indemnity the City of Corpus Christi and any utility company within the
easement as approved by the City Attorney or containing the following provision:
"The owners of the property located at Ryan Subdivision, Lot 7, Block 1, their heirs,
successors, and assigns hereby 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, pool, or concrete decking, occurring due to constructing, maintaining,
servicing, repairing, or inspecting utility lines within the City easement, including
damages caused by the sole negligence of Indemnitees. Replacement or restoration
of foundations, pool, decking, fencing, concrete, driveways, walkways, and landscaping
due to construction, maintenance, service, repairs, or inspection of the utilities within
the City's easement shall be at the property owner's expense."
2. Relocate the gazebo to comply with the minimum zoning setback off the side
property line;
RP1MO.008.kp
021211
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3. Secure the permits required for all structures or alterations;
4. Replat the property at applicant's expense within 180 days of passage of this
ordinance, 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.
5. File approved covenant in the Nueces County Deed Records prior to approval of the
replat.
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.
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That the foregoing ordinance was readfor the first time and passed to its second reading his
, 19 (7•� , by the following vote:
0 Ey
the 93 day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
al
_. Joe McComb
all . Dr. David McNichols
thy
Clif Moss
Mary Pat Slavik
(L&.
alucack
thy
That the foregoing ordinance was read for the second time and passed to its third reading on
this the 3 day of 19 (% / , 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
That the f going or mance w�s read for the third time and passed
day of UL
LA_ , 19 (, by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Oka( rut
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of CLU
Y9�R
THE CITY -OF CORPUS CHRISTI
APPROVED: c 4'/' DAY OF Jw,tz. , 19 Y/:
JAMES RLRAY, JR., CITY ATTORNEY
'
7
PASSED AND APPROVED, this the
City Secretary
finally on this the
By
044
, Assistant City Attorney
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