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HomeMy WebLinkAbout023580 ORD - 03/16/1999AN ORDINANCE CLOSING AND ABANDONING A 1,203 -SQUARE FOOT UTILITY EASEMENT ACROSS PORTIONS OF LOT A-2, RECORDED IN VOLUME 56, PAGES 165 AND 166, AND PARTIALLY ON LOT E, RECORDED IN VOLUME 54, PAGES 117 AND 118, TEXAS STATE AQUARIUM SUBDIVISION OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE LESSEE, TEXAS STATE AQUARIUM ASSOCIATION, REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1,203 -square foot utility easement across portions of Lot A-2, recorded in Volume 56, pages 165 and 166, and partially on Lot E, recorded in Volume 54, pages 117 and 118, Texas State Aquarium Subdivision of the Map Records of Nueces County, Texas, that the Lessee, Texas State Aquarium Association ("Lessee"), wishes 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 right-of-way 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 1,203 -square foot utility easement across portions of Lot A-2, recorded in Volume 56, pages 165 and 166, and partially on Lot E, recorded in Volume 54, pages 117 and 118, Texas State Aquarium Subdivision of the Map Records of Nueces County, Texas, is closed and abandoned for public use, subject to Lessee complying with the following specified conditions as part of the closure: 1) That the Lessee pay the fair market value of $396 for the remaining 36 -square foot portion of utility easement being closed. Lessees are closing a 1,203 -square foot utility easement for the anticipated expansion of the building but are dedicating a 1,167 -square foot utility easement for the relocation of the existing 8 -inch fire water line. 2) That the Lessee dedicate a 1,167 -square foot easement and relocate at Lessee's expense an existing 8 -inch fire water line that is located within the easement proposed for closure. 3) That the Lessee must replat the property within 180 days at its expense. The City Engineer may extend the time limit for an additional 180 days if extenuating H:\LEG-DIR\DIANNA\JFRRY\ORD\062.DK W 023580 circumstances outside the Lessee's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to 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 ibis o^rdinance i passed and shall take effect upon first reading as an emergency measure this the lar) day of h i'rJ , 1999. ATTEST: Armando Chapa, City Secretary Legal form approved By: 1\f\,fr 1I 1999; James R. Bray Jr., City Attorney. THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., MAY The City of Corpus hristi Gerard V. D'Alessio, Jr. Assistant City Attorney li:VLEG-DIRVDIANNA\JERRYVORD A062.DRW 2 Corpus Christi, Texas % 2I I1 Day of It (I) , 1999 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. Neal, Jr., MAYOR CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: �y Samuel L. Neal, Jr. ((< Ott' Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 11:ALEG-DIRVDIANNAAJERRYVORD A062.DK W 023580 3