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HomeMy WebLinkAbout023915 ORD - 01/18/2000AN ORDINANCE CLOSING AND ABANDONING A 4,915-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1-12, BLOCK 3, LA ARBOLEDA SUBDIVISION AND LOT 6, SECTION G, ALAMO ADDITION; REQUIRING OWNER, H.E. BUTT GROCERY COMPANY, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,915-square foot portion of a 1 O-foot wide utility easement out of Lots 1-12, Block 3, La Arboleda Subdivision and Lot 6, Section G, Alamo Addition, as recorded in Volume 8, Pages 5-6, and Volume 36, Page 47, of the Map Records of Nueces County, Texas, that the owner, H.E. Butt Grocery Company ("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 this 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 4,915-square foot portion of a 10-foot wide utility easement out of Lots 1-12, Block 3, La Arboleda Subdivision, and Lot 6, Section G, Alamo Addition, as recorded in Volume 8, Pages 5-6, of the Map Records of Nueces County, Texas, is closed and abandoned for public use as a utility easement, subject to Owner, H.E. Butt Grocery Company, complying with the following specified conditions as part of the closure: (1) Owner, H.E. Butt Grocery Company, shall pay the fair market value of $6,550 for the closure and abandonment of the 4,915-square foot utility easement. (2) Owner, H.E. Butt Grocery Company, at its expense, must relocate existing Southwestern Bell aerial cable and service drops located in the easement proposed for closure to existing power poles located on the MacArthur Street right-of-way. (3) Owner, H.E. Butt Grocery Company, shall replat the portion of La Arbolcda Subdivision and Alamo Addition being closed and abandoned within 180 days at its expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H: LEG-DIRiVERONICAiDDCURTIS MYDOCSi1999 ORD99 100 DDCORD99 I 13 023915 SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1)finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that tl]i~[,~t, inance is~p.as.se.d._ ,, , and shall take effect upon first reading as an emergency measure this the [tg' day of~~',4~ ., 2000. (J (,/ ATTEST: THE CITY OF CORPUS CHRISTI Arm~ecretary ~ar~uel L. Nea75r., M~'yor" Legal form approved January __ 2000: James R. Bray Jr., City Attorney. Doyle l~rcurtis, Assistant City Attorney H: LEG-DIR',VERONICA DDCURT1S M Y DOCS' 1999 ORD99 100 DDCORD99.113 Corp~s,J~.sti, Texas. D'd of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,2000. 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, ~S~amuel L. Neal,"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 Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:/I EG-DIRiVERONICA DDCURTIS~MY [)OCS 1999\OR D99.100',DDCORD99 I 13 025 315