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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