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HomeMy WebLinkAbout023450 ORD - 09/29/1998AN ORDINANCE CLOSING AND ABANDONING A 338 -SQUARE FOOT PORTION OF A 5 - FOOT WIDE UTILITY EASEMENT OUT OF LOT D, MARKINS PLACE SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER, REE, INC., REPLATTING THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 338 -square foot portion of a 5 -foot wide utility easement out of Lot D, Markins Place Subdivision, recorded in Volume 53, Page 168, of the Map Records of Nueces County, Texas, and that the owner, REE, Inc. ("Owner"), 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 utility easement for public use, 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 338 -square foot portion of a 5 -foot wide utility easement out of Lot D, Markins Place Subdivision, recorded in Volume 53, Page 168, of the Map Records of Nueces County, Texas, is closed and abandoned for public use, subject to Owner complying with the following specified conditions as part of closure: 1) That the Owner pay the fair market value of $1,450 for the 338 -square foot portion of utility easement being closed and abandoned. 2) That the Owner retain an existing wastewater main within the easement as a private sewer service main. 3) That the Owner must replat the property within 180 days at Owner's expense. The City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside of the Owner's control necessitate an extension. 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 declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is wassseed��annd shall take effect upon first reading as an emergency measure this the aLfh day of . p '1 �'1 98. H: \LEG -D I R\ D I ANN A \1 E RR Y\ORD\ 03 7.0 R D September 23. 1998 0.23450 ATTEST: Armando Chapa, City'Secreta LEGAL FORM APPROVED THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., Ma .r 2 3 ,1998, JAMES R. BRAY, JR., CITY ATTORNEY By:•i�1a.4+-r- Gerard V. D'Alessio, Jr. Assistant City Attorney H:VLEG-DIRVDIANNAAJERRYVORDAG7.ORD September 23. 1998 023450 Corpus Christi, Texas a q� day of "StiS TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1998. 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, J ., Mayor THE CITY OF CORPUS C STI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 11: \ LEG-DIR\DIANNA\JERRY\ORD\037.ORD September 23. 1998 023450