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Home My WebLink About021504 ORD - 10/27/1992AN ORDINANCE CLOSING AND ABANDONING A 1.5 -FOOT WIDE BY 40 -FOOT LONG PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT 23, BLOCK 20, WOOD RIVER UNIT 2 SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 1.5 -foot wide by 40 -foot long portion of a 7.5 -foot wide utility easement along the northeast property line of Lot 23, Block 20, Wood River Unit 2 Subdivision, shown by plat in Volume 45, Pages 190-192 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 1.5 -foot wide by 40 -foot long portion of a 7.5 -foot wide utility easement along the northeast property line of Lot 23, Block 20, Wood River Unit 2 Subdivision, as shown on the map attached hereto and made a part hereof as Exhibit "A," 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, and further subject to applicant executing a declaration of covenant in substantially the same form as shown on Exhibit B, attached hereto. 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 AG5000.230.ajr 021504 411CROEILMED f 21 t t Pt Cn P-l'•V O'-+ CO u 2T N 0 ap U p N bi4G'oco4�4 _7C)I � gW w0 W NO �Ua 2 2 LL i W w 00 W O¢. 2 UH X4osemireof a toenA/ o i 6e G/osed s s ` SSI. OVC. e LLF- � GA c-8fee}d�rP °�o er Y�n.iw •711 n Q 3 =s z ,0141..! 4:o• cx,' 404 Ii 701 rac.sN hn-(0cc)uR-T 4317 PG-C.a.“ q YOU COu 2T LLJ T C.at 20 W Z'. I^(*ao L. Z U H ALT $- LI Ir Q % r 0 Si I^ear— L t. 4% f1/44 V. 1 I0 rW4a L 112 H+1P +2000Qn-. M+t.cah-, cn J.l TY LOT 2 ) P, Lc)CK- 20 Li p give rz U 1.11-1.- V .IIT^- EXUtstn' "A" DECLARATION OF COVENANT THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared Fred Zumalt, and wife, Linda J. Zumalt, who, after being duly sworn, each upon his and her oath state as follows: "Our names are Fred Zumalt and Linda J. Zumalt. 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 4317 Pecan Bayou Court, Corpus Christi, Texas. We are owners of the property described as Lot 23, Block 20, Wood River Unit 2 Subdivision, shown by plat in Volume 45, Pages 190-192, Map Records, Nueces County, Texas. In consideration for closing and abandoning a 1.5 -foot wide by 40 -foot long portion of a 7.5 -foot wide utility easement along the northeast property line of Lot 23, Block 20, Wood River Unit 2 Subdivision, as shown on Exhibit 1 attached hereto and made a part hereof for all purposes, as described by Ordinance No. on , we 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, 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 the house structure 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 of Covenant. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. FX HI B! EXECUTED this )-`4-T` day of cyL'reb--r , 1992, by the undersigned owners of the above described property. red Zi4valt Ce' ^ SUBSCRIBED AND t7K)je_r ERRI ZUMALT-COLLIER * * * WaryPublic STATE OT TEAS My Comm. Exp. June 9,1993 THE STATE OF TEXAS § COUNTY OF NUECES § o-e4z, Linda J. Zuxralt SWORN to before me this )F" " day of , 1992. &VI-tw 2 (XL'S Notary P ic, State of Texas ACKNOWLEDGMENT This instrument was acknowledged bef rgg me by Fred Zumalt and Linda J. Zumalt, on the /.09i-4-- day of teft%3e_r , 1992. \ <ERRI ZUMAi.T-CCOL! IE,R STATEfit TE,xAs k!r to,. My :Warn . Eat. AFTER RECORDING RETURN TO: City of Corpus Christi Legal Department P.O. Box 9277 Corpus Christi, TX 78469-9277 /*CAL cacf- �2 Notary Ptklic, State of Texas We, the undersigned, Purchasers of the above described property, , acknowledge that we have read and understand the foregoing Declaration of Covenant; that we accept the conditions thereof, and ratify and confirm the same as if we had been the original parties thereto, which such Declaration of Covenant is dated and executed by Fred Zumalt and Linda J. Zumalt, and is on behalf of the City of Corpus Christi. DATED: 1• Name: Name: SUBSCRIBED AND SWORN to before me this day of , 1992. Notary Public, State of Texas ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me by day of , 1992. , on the Notary Public, State of Texas declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance isssed and shall take effect upon first reading as an emergency measure this the 21 day of (Lt&,l4' ^ , 19 (t) . Al 1'EST: MAYOR THE CITY OF' CORPUS CHRISTI APPROVED: /9 DAY OF CL -D6-C , 199?" JAMES R. BRAY JR., CITY ATTORNEY By: c ) lA;60-kbkCQ,tt�ctty Assistant City Attorney c:\forms\ord\078.kp 1 T` f CORPUS CHRISTI, TEXAS 2i day of (( („ t.�� l A_C, ' 191 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 MAYOR r THE CTICCOF CORPUS CHRISTI The above ordinance was passed by the following vote: //J. • Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 4 021501