HomeMy WebLinkAbout021398 ORD - 05/19/1992AN ORDINANCE
CLOSING AND ABANDONING A 5 -FOOT WIDE BY 38 -FOOT LONG PORTION OF
A 15 -FOOT WIDE UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE
OF LOT 10, BLOCK 1, SOLAR ESTATES SUBDIVISION, UNIT 1, SUBJECT TO THE
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 5 -foot wide by 38 -foot long portion of a 15 -foot
utility easement along the north property line of Lot 10, Block 1, Solar Estates Subdivision,
Unit 1, shown by plat in Volume 42, Pages 13-14, 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 5 -foot wide by 38 -foot long portion of a 15 -foot wide
utility easement along the north property line of Lot 10, Block 1, Solar Estates Subdivision,
Unit 1, shown by plat in Volume 42, Pages 13-14, Map Records, Nueces County, Texas, 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 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; paying Central Power and Light Company the amount of $2,150
for adjustment of electrical lines; and providing for a hold harmless agreement by applicant
by execution of a Declaration of Covenant attached hereto as Exhibit "A" and made a part
hereof, 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 immediate
action necessary 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 meetings so that this ordinance
AG5000.154.kp
021393
MICROFILMED
is passed and shall take effect upon first reading as an emergency measure this the
day of f { C , 1992.
ATTEST:
1)1141/4i, 0L
City Secretary
MAYOR ` ('
THE CITY OF t
APPROVED: 15TH DAY OF MAY, 1992
JAMES R. RIMY JR., CITY ATTORNEY
/ -
sistant City Attorney
,....--
By: By:
c:\forms\ord\078.kp
DECLARATION OF COVENANT
THE STATE OF TEXAS 5
COUNTY OF NUECES 5
BEFORE ME, the undersigned authority, on this day personally
appeared Debbie Breaux, who, after being duly sworn, upon her oath
state as follows:
"My name is Debbie Breaux. I am more than eighteen years of
age, of sound mind, capable of making this Declaration, I have
never been convicted of a felony, and has personal knowledge of the
facts stated herein, which are true and correct. I am a resident
of Nueces County, Texas, and live at 9314 Evening Star, Corpus
Christi, Texas.
I am owner of the property described as Lot 10, Block 1, Solar
Estate Unit 1 Subdivision, shown by plat in Volume 42, Pages 13-14,
Map Records, Nueces County, Texas.
In consideration for closing and abandoning a 5 -foot wide by
48 -foot long portion of a 15 -foot wide utility easement along the
north property line of Lot 10, Block 1, Solar Estates Unit 1
Subdivision, as described by Ordinance No. , passed on
, I hereby declare that the property described
above shall be held, sold, 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, I the undersigned owner 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, pool, concrete decking, wood
decking, patio, storage shed or house foundation 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.
The Indemnitees shall have the right to enforce, by any
proceeding at law or in equity, all rights and restrictions herein
imposed by the provisions of the 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.
. 1` -OBIT
EXECUTED this %'7 day of
undersigned owner of the above described property.
LCIA/AUJ0»Deb a Brea
SUBSCRIBED AND SWORN to
'�cLtf , 1992.
Please stamp, type or print
name & expiration date of
DENISE STRAWSER
Notary Put*
STATE OF TEXAS
My Comm. Exp. Feb. 18,1994
THE STATE OF TEXAS §
COUNTY OF NURCF.S §
before me this
, 1992, by the
4 day of
Notary Public, State of Texas
ACKNOWLEDGEMENT
This intrument was acknowledged before me by Debbie
on the s day of `702 , 1992.
Please stamp, type or print -1242,
name & .?•+- - . Notary Public
notary: t" '°k. DENISE STRAWSER i
Notary Public ;
STATE OF TEXAS
AFTER 'P.e118,1994
w
City of Corpus Christi
Legal Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
Breaux
I/We, the undersigned, Purchaser(s) of the
property,
that I/we have read and understand the foregoing
Covenant; that I/we accept the conditions thereof,
confirm the same as if I/we had been the original
which such Declaration of Covenant is dated
and executed by Debbie Breaux, and is on behalf
Corpus Christi.
DATED:
State of Texas
above described
, acknowledge
Declaration of
and ratify and
party thereto,
of the City of
Name:
Name:
SUBSCRIBED AND SWORN to before me this day of
, 1992.
Please stamp, type or print
name & expiration date of
notary:
THE STATE OF TEXAS §
COUNTY OF NUECES §
Notary Public, State of Texas
ACKNOWLEDGEMENT
This instrument was acknowledged before me by
day of , 1992.
Please stamp, type or print
name & expiration date of
notary:
, on the
Notary Public, State of Texas
CORPUS CHRISTI, TEXAS
11 day of 0,11 , 19 01
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,
COUNCILMEMBERS
cn -Se—
The—
MAYO
THE C i F CORPUS CHRISTI
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
021398