HomeMy WebLinkAbout022161 ORD - 02/21/1995AN ORDINANCE
CLOSING AND ABANDONING A 2.5 -FOOT WIDE BY 26 -FOOT LONG
PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT IN LOT 4, BLOCK
7, BRIGHTON VILLAGE UNIT 4; SUBJECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS; AND THE OWNER REPLATTING THE
PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND
DECLARING AN EMERGENCY.
WHEREAS, there exists a 2.5 -foot wide by 26 -foot long portion of a 7.5 -foot wide utility
easement in Lot 4, Block 7, Brighton Village Unit 4, as shown by plat recorded in Volume 49, Page
117-119, 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 2.5 foot wide by 26 -foot long portion of a 7.5 -foot wide utility
easement in Lot 4, Block 7, Brighton Village Unit 4, as shown by plat recorded in Volume 49, Page
117-119, 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 Owner pay the fair market value of $70.00.
2) That Owner, Roy J. Breaux and DeAnn Breaux, replat the property at their
expense within 180 days of passage of this ordinance; provided however, the
City Engineer may extend the time limit for an additional one hundred eighty
(180) days if extenuating circumstances outside the Owner's control
necessitate an extension.
3) That Owner of Lot 4, Block 7, Brighton Village Unit 4, 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.
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4) That Owner must obtain a valid building permit and other construction
permits as required.
5) That Owner must submit an engineer's certification for the construction and
code compliance of the proposed structure's foundation.
6) That Owner must obtain permit in the event of conversion of the existing
garage to habitable living space. Zoning restricts the size of a garage in an
R -1B district to 900 square foot; the combined square footage of both
garages shall not exceed 900 square feet.
7) That Owner must obtain a driveway permit for the enlarged driveway shown
on the drawing submitted by Voss and Voss Engineering to the City
Engineering Department.
SECTION 2. That upon written request of the Mayor of 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 Os ordinance is Eassed and shall take effect upon first reading as an
emergency measure this the Li day of Le &2V A1). rt.) , 1995.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary MAYOR
�" The City of Cfu�us Christi
APPROVED THIS THE ri DAY OF , 1955.
By:
Alison Gallaw. y
Assistant City Attorney
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Corpus Christi, Texas
2i day of re i7t LUQ , 19 15
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: Uwe, 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 CIT CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
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