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HomeMy WebLinkAbout023535 ORD - 01/19/1999AN ORDINANCE CLOSING AND ABANDONING A 65,026.99 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK 41, AND LOT 1, BLOCK 25, KING'S CROSSING UNIT 1, PHASE 3, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE OWNER, KING'S CROSSING REALTY, LTD., REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 65,026.99 -square foot portion of a 7.5 -foot wide utility easement out of Lot 1, Block 41, and Lot 1, Block 25, King's Crossing Unit 1, Phase 3, as recorded in Volume 51, Pages 143 and 156, of the Map Records of Nueces County, Texas, that the owner, King's Crossing Realty, Ltd. ("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 65,026.99 -square foot portion of a 7.5 -foot wide utility easement out of Lot 1, Block 41, and Lot 1, Block 25, King's Crossing Unit 1, Phase 3, as recorded in Volume 51, Pages 143 and 156, 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 the Owner must dedicate easements totaling 65,026.99 -square feet or greater within the future King's Crossing Units 8, 9, and 10 within an eight-year period. 3) 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 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 emergency measure this the 1 q tt'day of .a..hufi_t y,,1999. 1I:\LEG-DIR\DIANNA\JERRY\ORD\048.ORD (dkw) January 14. 1999 (8:57am) "I23535 ATTEST: Armando Chapa, City Secretary LEGAL FORM APPROVED By: Gerard V. D'Alessio, Jr. Assistant City Attorney H:\LEG-DIR\DIANNA\JERRY\ORD\048.ORD (dkn) January 14. 1999 (857am) THE CITY OF CORPUS CHRISTI istamuel L. Ne Jr., Mayor , 1999, JAMES R. BRAY, JR., CITY ATTORNEY Corpus Christi, Texas lgghday of , , , X99. 1 TO THE MEMBERS 0 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. D. Colmenero Melody Cooper Alex L. Garcia, Jr. THE CITY OF CORP S CHRISTI Dr. Arnold Gonzales (�} Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols H:ALEG-DIRVDIANNAVERRYVORDA04R.ORD (dkw) January 14. 1999 (8:57am) 023335