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HomeMy WebLinkAbout023192 ORD - 01/13/1998AN ORDINANCE CLOSING AND ABANDONING A 1,643.82 -SQUARE FOOT PORTION OF A 5 -FOOT WIDE ELECTRICAL EASEMENT OUT OF LOT 1A, BLOCK D, WILKEY ADDITION, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER, PPI McARDLE LTD., REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1,643.82 -square foot portion of a 5 -foot wide electrical easement out of Lot 1A, Block D, Wilkey Addition, as recorded in Volume 39, Pages 182-183, of the Map Records of Nueces County Texas, that the Owner, PPI McArdle Ltd., wishes to have closed and abandoned. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said electrical easement for all purposes, 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 1,643.82 -square foot portion of a 5 -foot wide electrical easement out of Lot 1A, Block D, Wilkey Addition, as recorded in Volume 39, Pages 182-183, of the Map Records of Nueces County Texas, is closed and abandoned for public use as an electrical easement, subject to PPI McArdle, Ltd. ("Owner") complying with the following specified condition as part of closure: 1) That payment of the fair market value for the portion of the easement being closed is waived because the Owner must dedicate a utility easement of equal or greater value as part of the replatting conditions. 2) That Owner retain an approximate 66.28 -square foot portion of the 5 -foot wide electrical easement adjacent to the McArdle Road right-of-way as a utility easement. 3) That Owner dedicate an additional 2118.56 -square feet of 10 -foot wide utility easement within the property for a proposed 6 -inch water line (fire line). 4) That Owner must replat Wilkey Addition, Lot IA, Block D, within 180 days at his expense; provided however, the City Engineer may extend the time limit for an additional 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 A639835000 391 3r January 8. 1998 MICIWEILIVIED 0231 b 2 two regular meetings so that this ordinance is emergency measure this the 13fh day of ATTEST: Armando Chapa, City Secretary 2 ssed and shall take effect upon first reading as an , 1998. THE CITY OF CORPUS CHRISTI MYOR ?Aar .411 THE CITY OF CORP S CHRISTI LEGAL FORM APPROVED 8 , 1998; JAMES R. BRAY, JR., CITY ATTORNEY. By: Alison ay Iu a atann Assistant City Attorney AG198\5000391 yr January 8, 1998 3 Corpus Christi, Texas f1 day of 19 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 by the following vote: Loyd Neal Javier Colmenero Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols CITY OF CORPUS CHRISTI atatti- aLF LF eud, (hfr, AGA98V5000.391.vr January 8. 1998 11231 “.