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HomeMy WebLinkAbout023536 ORD - 01/19/1999AN ORDINANCE CLOSING AND ABANDONING A 6,870.40 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE BY 687.04 -FOOT LONG UTILITY EASEMENT OUT OF JOHN F. KENNEDY ELEMENTARY SCHOOL TRACT, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE OWNER, WEST OSO INDEPENDENT SCHOOL DISTRICT, REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,870.40 -square foot portion of a 10 -foot wide by 687.04 -foot long utility easement out of the John F. Kennedy Elementary School Tract, as recorded in Volume 54, Page 91, of the Map Records of Nueces County, Texas, that the owner, West Oso Independent School District ("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 6,870.40 -square foot portion of a 10 -foot wide by 687.04 -foot long utility easement out of the John F. Kennedy Elementary School Tract, as recorded in Volume 54, Page 91, 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 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 h3ay of , 1999. H_ALEG-DIRVDIANNAUERRYVORD A046.ORD (dkw) January I3, 1999 (3:28pm) 023536 ATTEST: Armando Chapa, City cretary THE CITY OF CORPUS CHRISTI amuel L. Neal, Jr., Mayor LEGAL FORM APPROVED , 1999, JAMES R. BRAY, JR., CITY ATTORNEY By: Gerard V. D'Alessio, Jr. Assistant City Attorney H:\LEG-DIR\DIANNA\JHRRY\ORD\046.ORD (dkw) January 13. 1999 (3:28pm) Corpus Christi, Texas day o 1999. THE MEMBERS F THE TO 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 Jr., Mayor THE CITY OF CORP 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:\I.EG-DIR\DIANNA\JERRY\ORD\046.ORD (dkw) January 13. 1999 (3:28pm) 023536 HRISTI