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HomeMy WebLinkAbout024195 ORD - 09/12/2000AN ORDINANCE ABANDONING AND VACATING A 1,750-SQUARE FOOT PORTION OF A 5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, BLOCK 1, SANDALWOOD SUBDIVISION; REQUIRING CWS COMMUNITIES, L.P., THE OWNER OF SAID PROPERTY, 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 1 ~750-square foot portion of a 5-foot wide utility easement out of Lot 2, Block 1, Sandalwood Subdivision, as recorded in Volume 60, Page 69, of the Map Records of Nueces County, Texas, that the Owners, CWS Communities, L.P. ("Owner"), wish to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 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 CHR1STI, TEXAS: SECTION 1. That the 1,750-square foot portion (as shown in the attached Exhibit "A") of a 5-foot wide utility easement out of Lot 2, Block 1, Sandalwood Subdivision, as recorded in Volume 60, Page 69 of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: City waives payment of the fair market value by Owner for abandoning and vacating said portion of the 5-foot utility easement because the Owner agrees to dedicate utility easements of equal or greater value as part of the replatting conditions. (2) Owner must replat the portion of Sandalwood Subdivision being abandoned and vacated within 180 days at Owner's 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. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (l)~nds and declares an emergency due to the need for immediate action necessary for the efficient and et'tbctive administration of City affhirs and (2) suspends 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 291h day of August, 2000. tI:XLEG-DIRiVERONICAiDDCURrlS\MYDOCS,2000iORD2000 100XDDCORD~0130 ATTEST: THE CITY OF CORPUS CHRISTI Approved August 23, 2000 James R. Bray Jr. City Attorney By: Do~yle~ Senior Assistant City Attorney IIXLEG-DIRiVERONICA%I)I)CURTISiMYDOCSX2000!ORD20001O0XDDCORDO013a Corpus Christi, Texas 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. 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 02419