HomeMy WebLinkAbout022789 ORD - 12/10/1996AN ORDINANCE
CLOSING AND ABANDONING A 95.50 -FOOT LONG BY 0.50 -FOOT WIDE
AREA WITHIN AN EXISTING 15 -FOOT WIDE UTILITY/DRAINAGE
EASEMENT IN LOT 18, BLOCK 1, KING'S COURT SUBDIVISION,
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.
10
WHEREAS, there exists a 95.50 -foot long by 0.50 -foot wide area within an existing jV-foot
wide utility/drainage easement in Lot 18, Block 1, King's Court Subdivision, Unit 1, shown by plat
recorded in Volume 55, Pages 181 and 182, of the Map Records of Nueces County, Texas, that
Luther Kersey and A. Carline Kersey ("Owners") wish to have closed and abandoned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
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SECTION 1. That a 95.50 -foot long by 0.50 -foot wide area within an existing ,-foot wide
utility/drainage easement in Lot 18, Block 1, King's Court Subdivision, Unit 1, as shown by plat
recorded in Volume 55, Pages 181 and 182, 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:
1) That Owner pay the Fair Market Value of $50.00 for the proposed 95.50 -foot
long by 0.50 -foot wide area within the/foot wide utility/drainage easement
being closed. l0 3/4.4.4
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:\ 96ag5000.152.vr December 4, 1996
022789 \ICROFILMEG
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 i ssed and all take effect upon first reading as an
emergency measure this the /C day of 1 , 1996.
ATTEST:
if4&� L 1
City Secretary
THE CITY OF CORPUS CHRISTI
MAYOR
The City oYCorpus Christi
APPROVED THIS THE S DAY OF bt,_Q,P/YK &-r , 199(o .
By:
Alison Gallaway
Assistant City Attorney
1r1:\96ag5000. 152.vr December 4, 1996
022789
Corpus Christi, Texas
OW) day of eIiYthVrJ 19 g(o
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,
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes G,Y�/(/,,(,
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David A. McNichols
H:\96ag5000. 152.vr
Grzy--C/
4-42arr
December 4, 1996
022789
To: Armando Chapa, City Secretary
From: Jimmy Bray, City Attorney
Re: Scrivener's error
Date: February 6, 1997
Ile 1997
On December 10,1996, City Council passed ordinance no. 022789, which closed a 95.5 foot long
by .5 foot wide portion of an existing "15" -foot drainage easement within Lot 18, Block 1, King's
Court Subdivision. The reference to a "15" -foot easement should have been a reference to a "10" -
foot easement. Please correct the City secretary's records to reflect the correct easement width as
10 -feet.
AG\97\1 800.123