HomeMy WebLinkAbout023055 ORD - 09/16/1997AN ORDINANCE
CLOSING AND ABANDONING A 932 -SQUARE FOOT AREA OF A 10 -FOOT
WIDE UTILITY EASEMENT BETWEEN LOTS 40 & 41, BLOCK 1, VILLAGE
AT THE LAKES UNIT 2, SUBDIVISION, SUBJECT TO COMPLIANCE WITH
THE SPECIFIED CONDITIONS, AND THE OWNER, FRED BRASELTON,
REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S
EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 932 -square foot area of a 10 -foot wide utility easement between
Lots 40 & 41, Block 1, Village at the Lakes Unit 2, Subdivision, as shown by plat recorded in
Volume 56, Pages 109-110, of the Map Records ofNueces County, Texas that Fred Braselton wishes
to have closed and abandoned.
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to close and abandon said utility easement, 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 932 -square foot area of a 10 -foot wide utility easement between Lots
40 and 41, Block 1, Village at the Lakes Unit 2, Subdivision, as shown by plat recorded in Volume
56, Page 109-110, of the Map Records of Nueces County, Texas, is closed and abandoned for public
use as a utility easement, subject to Fred Braselton ("Owner") complying with the following
specified conditions as part of closure:
1) Payment of Fair Market Value for the 932 -square foot potion
of the 10 -foot wide utility easement being closed is waived
since Owner must dedicate a utility easement of same or
greater size when replatting the two lots.
2) Owner must provide the required minimum City side yard
setback when dedicating the proposed replacement 10 -foot
wide utility easement and replatting the two lots.
3) Owner must meet the minimum lot size requirement for each
lot for R1 -B zoned property when replatting the two lots.
AG\97\5000.301.1a
MICkUftMEQ
2
4) CP&L will relocate an existing underground electrical conduit into
the new utility easement, at the Owner's expense.
4) Owner must replat Lots 40 & 41, Block 1, Village at The
Lakes Unit 2 within 180 days at his expense; provided
however, the City Engineer may extend the time limit for an
additional 180 days if extenuating circumstances outside the
Owner's control necessitate an extension.
SECTION 2. 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
two regular meetings so that tis ordinance is passed and shall take effect upon first reading as an
emergency measure this the I i I'L day of , JQ �G X11 LY ,i , 1997.
ATTEST:
Armando Chapa, Cit
ecretary
THE CITY OF CORPUS CHRISTI
THE CITY OF CORPUS CHRISTI
LEGAL FORM APPROVED 4 2') { ; e \ , 1997; JAMES R. BRAY, JR., CITY ATTORNEY.
By: r„, ,.
Alison Gallaway
Assistant City Attorney
AG\97\5000.301.1a
3
us Christi, Tex#s
Day of L5(l%ia"r12i1G. , 1997
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 two
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,
Council Members
The above ordinance was passed by the following vote:
Loyd Neal
Jaime L. Capelo, Jr.
Melody Cooper
Alex L. Garcia, Jr.
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David A. McNichols
AG\97\5000.301.1a
THE CITY OF CORPUS CHRISTI
ate)
aisA