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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. H:\LEG-DIR\S HARED~DOYLEC\DDCORD00.175 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 H:\LEG-DIR\SHARED\DOYLEC\DDCORD00 175 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