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Home My WebLink About022133 ORD - 01/10/1995AN ORDINANCE CLOSING AND ABANDONING A 106.8 -SQUARE FOOT PORTION OF A 15 -FOOT WIDE UTILITY EASEMENT ON LOT 8, BLOCK 2, HIGHLAND OAKS UNIT 1, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 106.8 -square foot portion of a 15 -foot wide utility easement on Lot 8, Block 2, Highland Oaks Unit 1, as shown by plat recorded in Volume 47, Pages 6 and 7 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 106.8 -square foot portion of a 15 -foot wide utility easement on Lot 8, Block 2, Highland Oaks Unit 1, as shown by plat recorded in Volume 47, Page 6 and 7, of the Map Records, Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, subject to the following specified conditions as part of closure: 1) That the Owner of Lot 8, Block 2, Highland Oaks Unit 1 is to obtain a notarized letter of consent from the owner of Lot 9, Block 2, Highland Oaks Unit 1 stating the following: a. That owner consents to a replat of their property at the expense of the Owner of Lot 8, Block 2, Highland Oaks Unit 1, which includes an additional 3 -foot wide by 70 -foot long utility easement across Lot 9, Block 2, Highland Oaks Unit 1. b. That owner consents to the relocation of a sanitary sewer line at the rear of their property. c. That owner understands that the City will not participate in the demolition or construction cost of any improvements, including any modifications to the existing fence, and that all such costs are to be paid by the Owner of Lot 8, Block 2, Highland Oaks Unit 1. AG5000.551.vr C22133 2) That the Owner of Lot 8, Block 2, Highland Oaks Unit 1 will acquire on the City's behalf a new 3 -foot wide by 70 -foot long utility easement in the adjacent property (Lot 9, Block 2, Highlands Oaks Unit 1) in lieu of paying fair market value for the easement being closed. 3) That the Owner of Lot 8, Block 2, Highlands Oaks Unit 1, will 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 occurs while operating, maintaining, or repairing any of the existing utility lines located within the utility easement, or while relocating the sanitary sewer line. 4) That the Owner of Lot 8, Block 2, Highlands Oaks Unit 1 within 180 days at their expense, will remove any structures covering the existing manhole to assure that the manhole ring and cover are permanently exposed as an access point for City maintenance crews. 5) That the Owner will relocate the existing 8 -inch sanitary sewer line complete with three (3) manholes from its current location in the easement on Lot 8, Block 2, Highland Oaks Unit 1, a portion of which is being closed, to a new location approved by the City Engineer, or his designee. Construction plans, must be prepared by a registered professional engineer, and must be submitted to the Department of Engineering Services for approval within 90 days and construction completed within 180 days at Owner's expense, or prior to the properties being replatted as set out in paragraph 7 below, whichever is later. 6) That the Owner of Lot 8, Block 2, Highland Oaks Unit 1 will raise service clean -outs to grade for both Lot 8 and Lot 9, Block 2, Highland Oaks Unit 1, within 180 days at Owner's expense. Clean -outs shall remain permanently exposed as an access point for City maintenance crews. 7) That the Owner of Lot 8, Block 2, Highland Oaks Unit 1 is responsible for replatting both properties, Lot 8 and 9, block 2, Highland Oaks Unit 1 within 180 days at Owner's expense; provided, however, the City Engineer may extend the time limit for an additional one hundred (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 this ordinance is passed and shall take effect upon first reading as an emergency measure this the yo day of •'f/.4•21 -e7, 199 . AG5000.551.vr ATTEST: Armando Chapa City Secretary Mayor\Mary 'i • s The City of ..0 Christi APPROVED: DAY OFtt'4 , 1994 JAMES R. BRAY, CITY ATTORNEY By: ✓ I (dA-Bri- }� austAi°L.-6-- Alison Gallaway Assistant City Attorney AG5000.551.vr T Corpus Christi, Texas day of /i7/Zie , 19 9r 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 Mary Rhodes Dr. Jack Beat Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \form.\045 MAYOR THE OF CORPUS CHRISTI by the following vote: er C22133 l ;Pi/on;