HomeMy WebLinkAbout022788 ORD - 12/10/1996AN ORDINANCE
CLOSING AND ABANDONING A 1 -FOOT WIDE BY 145 -FOOT LONG
AREA WITHIN AN EXISTING 5 -FOOT WIDE UTILITY EASEMENT IN
LOT 50, BLOCK 3, LEXINGTON SUBDIVISION; 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 1 -foot wide by 145 -foot long area within an existing 5 -foot wide
utility easement in Lot 50, Block 3, Lexington Subdivision, shown by plat recorded in Volume 10,
Page 13, of the Map Records of Nueces County, Texas that Eloy Salazar ("Owner") wishes to have
closed and abandoned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That a 1 -foot wide by 145 -foot long area within an existing 5 -foot wide utility
easement in Lot 50, Block 3, Lexington Subdivision, as shown by plat recorded in Volume 10,
Page 13, of the Map Records of Nueces County, Texas, is hereby closed for public use and every
municipal purpose, subject to the following specified conditions as part of closure:
I) That Owner pay the Fair Market Value of $50.00 for the proposed 1 -foot
wide by 145 -foot long area within the 5 -foot wide utility easement being
closed.
2) That Owner sign the Declaration of Covenant legally protecting the City in
the event that construction, operation, maintenance, repair, or replacement of
underground utilities within this utility easement results in damage to the
encroaching structure.
3) That Owner replat the property within 180 days at his expense; provided
however, the City Engineer may extend the time limit for an additional one
hundred eighty (180) days if extenuating circumstances outside the Owner's
control necessitate an extension.
H:\ 96ag5000.151.vr December 4. 1996
022(88
MIC$OFILMEL
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 ss III take effect upon first reading as an
emergency measure this the /0 day of Gi`i,.P�'fj6,71 f-�I996.
ATTEST:
City Secretary
THE CITY OF CORPUS CHRISTI
MAYOR
The City of orpus Christi
APPROVED THIS THE J DAY OF 1(?i,fl 111 v , 19, �.
By:
Alison Gallaway
Assistant City Attorney
H:\ 96ag5000.151.vr
022788
December 4, 1996
Corpus Christi, Texas
!Of"h day of—he Of h1 &U..J
19 9fo
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:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
ti
R-Com,-1,Ct
a
Edward a. Martin a/,(0,/Y.2
Dr. David A. McNichols
H:\96ag5000. 151.vr 022788
December 4, 1996