HomeMy WebLinkAbout022045 ORD - 09/27/1994ORD INANCE
CLOSING AND ABANDONING A 14 SQUARE FOOT PORTION OF A 10
FOOT WIDE UTILITY EASEMENT IN LOT 3, BLOCK 3, DEL MAR
SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED
CONDITIONS; SUBJECT TO THE REPLATTING OF THE PROPERTY
WITHIN 180 DAYS AT THE EXPENSE OF THE OWNER OF LOT 6,
BLOCK 3 DEL MAR SUBDIVISION; AND DECLARING AN EMERGENCY.
WHEREAS, there exists a 14 square foot portion of a 10 foot
wide utility easement in Lot 3, Block 3, Del Mar Subdivision as
shown by plat recorded in Volume 4, Page 8-10, of the Map Records
of Nueces County, Texas;
WHEREAS, Shearer, Plog & Associates, Inc., acting on behalf
of the owner of Lot 6, Block 3, Del Mar Subdivision, has submitted
a request to close a 14 square foot portion of said utility
easement because a garage structure located primarily on Lot 6
encroaches onto Lot 3 and the 10 foot utility easement which lies
in Lot 3.
WHEREAS, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon said
easements, subject to the provision listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That a 14 square foot portion of a 10 foot wide
utility easement in Lot 3, Block 3, Del Mar Subdivision as shown by
plat recorded in Volume 4, Page 8-10, of the Map Records of Nueces
County, Texas, and as shown on Exhibit "A", be and the same is
hereby closed for public use and every municipal purpose, subject
to:
1. Payment of Fair Market Value to be paid by the
owners will be a total of $50.00.
2. The owner is required to sign a Declaration of
Covenant that indemnifies and holds harmless the
City and franchised utilities for any and all
AG5000.540 September 14, 1994
12215
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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.
3. Owner is required to either (a) record the
Declaration of Covenant in the Nueces County Deed
Records if owner is not in the process of selling
the property; or (b) if owner is in the process of
selling the property, owner is required to obtain
the purchaser(s)' signature(s) and have the
Declaration of Cevenant filed in the Nueces County
Deed Records along with the Warranty Deed, Deed of
Trust, if any, as part of the closing process.
4. The applicants are responsible for the replatting
of the properties within one hundred (180) days;
provided, however, the City Engineer may extend the
time limit for an additional one hundred (180) days
if extenuating circumstances outside the
applicant'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 this ordinance is passed and shall take effect
upon firs reading as an emergency measure this the 2-2 day of
rA04, R , 19 Q"/
ATTEST:
AmaA4,--
Armando Chapa
City Secretary
Mayo Mar7Rhodes
The City of)Corpus Christi
AG5000.540 September 14, 1994
T fi
APPROVED: I'9 DAY OF QYri(Qe� , 1994
JAMES R. BRAY JR., CITY ATTORNEY
Alison Gallaway
Assistant City Attorney
AG5000.540 September 14, 1994
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DEL MAR SUBDIVISION
EASEMENT CLOSURE
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Exhibit "A"
Corpus Christi, Texas
day of ip4inn b?r
19 (14-
TO
14
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 CI '-.F CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
Jack Best (L
Melody Cooper ( W
Y
Cezar Galindo vc
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Betty Jean Longoria 6(1,'���.
Edward A. Martin Cit)til-_
Dr. David McNichols //6�� I
David Noyola At
Clif Moss
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