HomeMy WebLinkAbout024320 ORD - 12/19/2000AN ORDINANCE
ABANDONING AND VACATING A 240-SQUARE FOOT PORTION OF A
10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 5, BLOCK 3, SOUTH
SEA ISLANDS SUBDIVISION; REQUIRING THE OWNER, DAVID
KAPAVlK, 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 240-square foot portion of a I O-foot wide utility easement out of Lot
5, Block 3, South Sea Islands Subdivision, as recorded in Volume 46, Pages 118-119 of
the Map Records of Nueces County, Texas, that the Owner, David Kapavik ("Owner"),
wishes 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 CHRISTI, TEXAS:
SECTION 1. That the 240-square foot portion of a 10-foot wide utility easement out of Lot
5, Block 3, South Sea Islands Subdivision, as recorded in Volume 46, Pages 118-119 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:
1)
City waives payment of the fair market value by Owner for abandoning and vacating
said portion of the 10-foot utility easement because the Owner agrees to dedicate
a utility easement of equal or greater value on Lot 6, adjacent to Lot 5, Block 3,
South Sea Islands. Mr. Kapavik owns both lots
2)
Owner must adjust the common lot line of Lots 5 and 6 by 0.39' to correct the
zoning violation. A minimum 5' setback is required and owner has an existing 4.61'
setback.
3)
Owner must replat the portions of South Sea Islands 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.
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024320
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council ('/) finds and decleres an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs end
(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 19th day of December, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Legal Form Approved December 15, 2000
James R. Bray Jr.
City Attorney
Doyle I~ ~'~is
Senior Assistant City Attorney
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Corpus Christi, Texas
,2000.
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,
Respect~lly,
Samuel L. Neal,'Jr.,
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