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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: 1 /0 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 H:. LEG-DIR\DIANNAJERRY' \.ORD \040.ORD Ate. oAr (/2() thi(-2 023485