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HomeMy WebLinkAbout023119 ORD - 10/28/1997AN ORDINANCE CLOSING AND ABANDONING A 9,300 -SQUARE FOOT PORTION OF A 15 - FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 1 & 2, BLOCK 6, BENT TREE SUBDIVISION, UNIT 2, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER, CIMARRON ESTATES LTD., REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 9,300 -square foot portion of a 15 -foot wide utility easement between Lots 1 & 2, Block 6, Bent Tree Subdivision, Unit 2, as shown by plat recorded in Volume 49, Page 180, of the Map Records of Nueces County, Texas that Cimarron Estates Ltd. 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 9,300 -square foot portion of a 15 -foot wide utility easement between Lots 1 and 2, Block 6, Bent Tree Subdivision, Unit 2, as shown by plat recorded in Volume 49, Page 180, of the Map Records of Nueces County, Texas, is closed and abandoned for public use as a utility easement, subject to Cimarron Estates LTD ("Owner") complying with the following specified conditions as part of closure: AG\97\5000.340.1a MIUkUEILMED 1) That Owner pay Fair Market Value of $7,700 for the 9,300 - square foot portion of a 15 -foot wide utility easement. 2) Owner must replat Lots 1 & 2, Block 6, Bent Tree Subdivision, Unit 2 within 180 days at its 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. 2 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 thj�s� ordinance h's passed and shall take effect upon first reading as an emergency measure this the fpr rl day of ()Oil 'btkJ , 1997. ATTEST: THE CITY OF CORPUS CHRISTI Ategir Armando Chapa, City ecretary MAYOR THE CITY OF CORPUS CHRISTI LEGAL FORM APPROVED Z 3 GO { , 1997; JAMES R. BRAY, JR, CITY ATTORNEY. By: Alison Gallaw4 Assistant City Attorney It i 2a.LUI AG\97\5000.340.1a 3 r1}as Christi, TAxas Day of UPteb(h- , 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, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: //}} Loyd Neal out J 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\5000340.1a 4 atal; at