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HomeMy WebLinkAbout023492 ORD - 11/24/1998AN ORDINANCE AMENDING ORDINANCE NO. 023450 WHICH CLOSED AND ABANDONED A 338 -SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT D, MARKINS PLACE SUBDIVISION; TO ALLOW FOR A 10 -FOOT UTILITY EASEMENT DEDICATION IN LIEU OF PAYMENT OF THE FAIR MARKET VALUE OF $1,450 FOR THE CLOSURE AND ABANDONMENT OF THE 338 -SQUARE FOOT PORTION OF THE 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, Ordinance No. 023450 closed and abandoned a 338 -square foot portion of a 5 -foot wide utility easement out of Lot D, Markins Place Subdivision, for the fair market value of $1,450; WHEREAS, the Owner, REE, Inc. ("Owner"), will now dedicate a 10 -foot wide utility easement out of Lot D, Markins Place Subdivision, in lieu of payment of the aforesaid fair market value of $1,450; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said utility easements 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 Ordinance No. 023450 closing and abandoning 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, be amended to delete the payment by the Owner of the fair market value of $1,450. SECTION 2. That a 10 -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 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. H: \LEG-DIR\DIANNA\]ERRY\ORD\AMEN D.0&A November 19. 1998 023492 SECTION 3. 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 j�ordinance is assed and shall take effect upon first reading as an emergency measure this the o?"n i l day of `�� 998. ATTEST: ih4Lt Armando Chapa, Cit Secretary LEGAL FORM APPROVED By: Gerard V. D'Alessio, Jr. Assistant City Attomey H:\LEG-DI R\DIANNA\J ERRY\ORD\AMEND.0&A November 19, 1998 THE CITY OF CORPUS CHRISTI Samuel L. May , 1998, JAMES R. BRAY, JR., CITY ATTORNEY Corpus Christi, Texas 0.4-1-h ‘y day of / 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, amuel L. Neal, Jr., Mayo THE CITY OF CO 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 (,(S(Ak H: \LEG -DI R\DIANNAV ERRY\ORD\AM END.0&A November 19, 1998 023492 CHRISTI