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Home My WebLink About021525 ORD - 12/01/1992AN ORDINANCE CLOSING AND ABANDONING A 3.36 -FOOT WIDE BY 30.23 -FOOT LONG PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT ALONG THE WEST PROPERTY LINE OF LOT 11, BLOCK 1, INVERNESS UNIT A SUBDIVISION; SUBJECT TO REPLATTING WITHIN 180 DAYS AND EXECUTING A HOLD HARMLESS AGREEMENT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 3.36 -foot wide by 30.23 -foot long portion of a 7.5 -foot wide by 60 -foot long utility easement along the west property line of Lot 11, Block 1, Inverness Unit A Subdivision, shown by plat recorded in Volume 48, Pages 71-72, 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 3.36 -foot wide by 30.23 -foot long portion of a 7.5 -foot wide by 60 -foot long utility easement along the west property line of Lot 11, Block 1, Inverness Unit A Subdivision, shown by plat recorded in Volume 48, Pages 71-72, Map Records, Nueces County, Texas, as shown on Exhibit "A", 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, and further subject to the owner executing a hold harmless agreement a substantial copy of which is attached and incorporated as Exhibit "B". 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. MICR00%SMED AG5000.251.ajr 1 021525 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 ikpassed and shall take effect upon first reading as an emergency measure this the 1 day of 1 c 1 , 19 ai . AlhST: Armando Chapa, City Secret THE CITY OF CORPUS CHRISTI \-->„\ MAY•AR APPROVED: -R DAY OF `'itmktrwjov , 19 JAMES R. BRAY JR., CITY ATTORNEY By: ct_QA' a.cu4 Alison llaway Assistan City Attorney AG5000.251.ajr 2 DECLARATION OF COVENANT THE STATE OF TEXAS S COUNTY OF NUECES S BEFORE ME, the undersigned authority, on this day personally appeared Mr. Benjamin Brulloths, who, after being duly sworn, upon his oath state as follows: "My name is Mr. Benjamin Brulloths. 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 I have personal knowledge of the facts stated herein, which are true and correct. I am a resident of Nueces County, Texas, and live at 5241 Snowgoose Road, Corpus Christi, Texas. I am owner of the property described as Lot 11, Block 1, Inverness Unit A, Subdivision, shown by plat in Volume 48, Pages 71-72, Map Records, Nueces County, Texas. In consideration for closing and abandoning a 3.36 -foot wide by 30.23 -foot long portion of a 7.5 -foot wide utility easement along the east property line of Lot 11, Block 1, Inverness Unit A Subdivision, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, as described by Ordinance No. 01/525 , on ,O'0111 - 6 /99.2, 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, or concrete decking, occurring due to constructing, maintaining, servicing, repairing, or inspecting utility lines within the City Easement, including the portion closed by Ordinance No. Off./SSS , located in the aforedescribed property, including damages caused by the sole negligence of "Indemnitees." Replacement or restoration of foundations, pool, decking, fencing, concrete, driveway, walkway, and repairs, or inspection of the utilities within the City's easement located in the aforedescribed property, shall be at the property owner's expense. 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 E /;A, t 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. EXECUTED this <et- day of \✓ , 1992, by the undersigned owners of the above described property. Be janifn Brulloths UBSCRIBE� `AND SWORN to before me this i day of 1992. Y`... . Y L• Swat ' TBEJ flex OF TEXAS S COUNTY OF NUECES S cJ. IAJ,Ctta� Notary Public, State of Texas ACRNOWLEDGSIUSNT This instrument was acknowledged before me by Benjamin Brulloths, on the Sr` day of , 1992. ' apj°+ .;AFTsR.• WORDING RETURN TO: City of Corpus Christi Legal Department P.O. Box 9277 Corpus, Christi, TX 78469-9277 Notary Public, State of as I, the undersigned, Purchaser of the above described property, Benjamin Brulloths, acknowledge that I have read and understand the foregoing Declaration of Covenant; that I accept the conditions thereof, and ratify and confirm the same as if I had been the original party thereto, which such Declaration of Covenant is dated , and executed by Benjamin Brulloths, and is on behalf of the City of Corpus Christi. DATED: 2 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 S This instrument was acknowledged before me by , on the day of , 1992. 3 Notary Public, State of Texas N 05'sp'/5't � ,t9 LOCATION MAP 100,040 jb'I a Ari (Qt pd wzi - ,4reo o f ease/nen i fn be dosed ztkI th, b a05' VI 2,a4 S 05`59'/.5 "fl' 52¢/ snow9vas e 1000 .goad INVERNESS UNIT A LOT 11 BLOCK 1 if l T CORPUS CHRISTI, TEXAS day of } {In J , 19,11 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, MAYOR THE CFFY F CORPUS CHRISTI COUNCILMEMBERS The above ordinance was passed by the following vote: Mary Rhodes �l > Cezar Galindo (Ai - Leo Guerrero I f j �P Betty Jean Longoria , Edward A. Martin 11 {. Joe McComb 01.1- Dr. David McNichols ,1/- P / Clif Moss ; 4 E. 7 , Mary Pat Slavik 11(-,1J 021525