HomeMy WebLinkAbout021705 ORD - 07/20/1993AN ORDINANCE
CLOSING AND ABANDONING A 240.2 SQUARE FOOT PORTION OF A
10 -FOOT WIDE BY 70 -FOOT LONG UTILITY EASEMENT IN LOT 24,
BLOCK 1, SUGAR RIDGE, UNIT 1; SUBJECT TO COMPLIANCE WITH
SPECIFIED CONDITIONS; OWNER REPLATTING THE PROPERTY
WITHIN 180 DAYS AT HIS EXPENSE; PROVIDING FOR SEVERANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 240.2 square foot portion of a 10 -foot
wide by 70 -foot long utility easement in Lot 24, Block 1, Sugar Ridge,
Unit 1, as shown by plat recorded in Volume 47, Pages 213 and 214 of the
Map Records of Nueces County, Texas;
WHEREAS, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon said 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 240.2 square foot portion of a 10 -foot wide
by 70 -foot long utility easement in Lot 24, Block 1, Sugar Ridge, Unit
1, as shown by plat recorded in Volume 47, Pages 213 and 214, of the Map
Records of 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 following conditions:
1) owner to sign a Declaration of Covenant that indemnifies
and holds harmless the City and franchised utilities for
any and all damages, including, but not limited to,
property damage that may occur while servicing any of the
existing utility lines located within the utility
easement without responsibility for replacement costs on
the encroachments;
1) payment of $240.00 as fair market value of the property
comprising the portion of the easement being closed;
2) the property being replatted at owner's expense within
180 days after passage of this ordinance, provided
however, the City Engineer may extend the time limit for
an additional one hundred eighty (180) days if
circumstances outside the owner's control necessitate an
extension.
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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 a.:tached, 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 this
ordinance is passed and shall take effect u on first reading an
emergency measure this the day of ((L,� , 19 j
THE CITY OF CORPUS CHRISTI
rmando Chapa, City Sec='-tary MAYOR, MARY RIDES
APPROVED: iltiL DAY OF
JAMES R. BRAY JR., CITY ATTORNEY
By: Ls C/L -t{ 9
Michael L. Scanlon
Assistant City Attorney
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Corpus Christi, Texas
20 day of
I , 19 CU
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,
Council Members
Respectfully,
MAYOR
THE CITY OF
ORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
Jack Best
Melody Cooper
Cezar Galindo l�,n L
QM0
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola 1
Clif Moss Q iry
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