HomeMy WebLinkAbout023485 ORD - 11/17/1998AN ORDINANCE
CLOSING AND ABANDONING A 53.63 -SQUARE FOOT PORTION OF A
15 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 34, BLOCK 2, SUN
VALLEY ESTATES SUBDIVISION, SUBJECT TO COMPLIANCE WITH
THE SPECIFIED CONDITIONS AND THE OWNERS, EMILE M.
NEWCHURCH AND DAPHNE L. NEWCHURCH, REPLATTING THE
PROPERTY WITHIN 180 DAYS AT THEIR EXPENSE; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 53.63 -square foot portion of a 15 -foot wide utility easement out of
Lot 34, Block 2, Sun Valley Estates Subdivision, recorded in Volume 56, Pages 84-85, of the Map
Records of Nueces County, Texas, and that the Owners, Emile M. Newchurch and Daphne L.
Newchurch ("Owners"), wish 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 53.63 -square foot portion of a 15 -foot wide utility easement out of Lot
34, Block 2, Sun Valley Estates Subdivision, recorded in Volume 56, Pages 84-85, of the Map
Records of Nueces County, Texas, is closed and abandoned for public use, subject to Owners
complying with the following specified conditions as part of closure:
(1)
That Owners pay the fair market value of $70.00 for the 53.63 -square foot portion
of an existing 15 -foot utility easement being closed and abandoned.
(2) That Owners must replat the property within 180 days at Owners' expense. The City
Manager may extend the time limit for an additional 180 days if extenuating
circumstances outside of the Owners' control necessitate an extension.
(3)
That Owners pay to record an executed Declaration of Covenant indemnifying the
City of Corpus Christi for any and all damages in consideration for this utility
easement closure.
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 passed and shall take effect upon first reading as an
H:\LEG-DIR\DIANNAVERRY\ORD\040.ORD
023485
emergency measure this the /IA day of 4g/iiinhih 2 , 1998.
ATTEST:
Armando Chapa, City Secretary
Legal form approved /14
v
By:
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THE CITY OF CORPUS CHRISTI
-Samuel�l, Jr., MAYCII��`/
, 1998 James R. Bray, Jr., City Attorney.
erard V. D'Alessio
Assistant City Attorney
NtALEG-DIRVDIANNA\JERRYVORD AMORD
Co us Christi, Texa
��h day of 7il}v/nth) , 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. Nea , Jr., Mayor
THE CITY OF CORPUS CHRISTI
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
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