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HomeMy WebLinkAbout023339 ORD - 06/16/1998AN ORDINANCE CLOSING AND ABANDONING A 962.50 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE BY 96.25 -FOOT LONG UTILITY EASEMENT OUT OF LOTS 8 AND 9, PADRE BUSINESS PARK, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE OWNER, HUMPAL PHYSICAL THERAPY & SPORTS MEDICINE CENTERS, REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 962.50 -square foot portion of a 10 -foot wide by 96.25 -foot long utility easement out of Lots 8 and 9, Padre Business Park, as recorded in Volume 43, Page 108, of the Map Records of Nueces County, Texas, that the owner, Humpal Physical Therapy & Sports Medicine Centers ("Owner") wishes to have closed and abandoned; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said utility 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, TEXAS: SECTION 1. That a 1,904 -square foot portion of a 10 -foot wide by 96.25 -foot long utility easement out of Lots 8 and 9, Padre Business Park, as recorded in Volume 43, Page 108, of the Map Records of Nueces County, Texas, is closed and abandoned for public use as a utility easement, subject to compliance with the following specified conditions as part of the closure: 1) That the City waive payment of the fair market value by Owner for this closure and abandonment of this utility easement because the Owner will dedicate a utility easement of equal or greater value as part of the replatting conditions. 2) That Owner relocate a 2 -inch gas line and the Owner's 2 -inch service tie to the 2 -inch gas line at Owner's expense. 3) That Owner relocate an 8 -inch sanitary sewer main located in the closed easement at Owner's expense. 4) That Owner relocate a CP&L cable line and a Southwestern Bell cable line in the easement at Owner's expense. 5) That the Owner replat this property within 180 days at Owner's expense. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, do 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 H:ALEG-DIRVDIANNAVJERRYVORDA019.ORD (dkw) June 11. 1998 (1136am) MICROFILMED 02333g declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance }' passed and shall take effect upon first reading as an emergency measure this the �Q day of\ I,(//Z(> , 1998. ATTEST: Armando Chapa, City ecretary LEGAL FORM APPROVED By: Gerard V. D'Alessio, Jr. Assistant City Attorney 11:\LEC-DI R\DIANNA\JERRY\ORD\019.ORD (dkw) June 11, 1998 (11:36am) THE CITY OF CORPUS CHRISTI amuel L. al, Jr., Ma o , 1998, JAMES R. BRAY, JR., CITY ATTORNEY Corpus Christi, Texas ‘0{4) day of 1998. 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, Samuel L. Neal, Jr., Mayor l/ THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero aLe Melody Cooper ) Alex L. Garcia, Jr. Dr. Arnold Gonzales((A( Betty Jean Longoria John Longoria Edward A. Martin QQQ( ) Dr. David McNichols �(�( f' H:\LEG-DIR\DIANNA\JERRY\ORD\019.ORD (dkw) June 11, 1998 (I1:36am) 023339