HomeMy WebLinkAbout024343 ORD - 01/23/2001Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 3260-SQUARE FEET, 5-FEET WIDE,
UTILITY EASEMENT OUT OF THE PLATTED MAGEE TRACT ANNEX
LOT-E; AND A CONTIGUOUS 4614 SQUARE-FEET, 5-FEET WIDE,
UTILITY EASEMENT OUT OF AN UNPLATTED 9.5086 ACRE TRACT
(CONVEYED TO LARRY H. FREDERICK, TRUSTEE OF FIVE POINT
TRUST, AND SITUATED IN THE GREGORIO FARIAS PORTION OF THE
BERRANCO BLANCO GRANT); REQUIRING THE OWNER, HOME
DEPOT, USA, TO COMPLY WITH THE SPECIFIED CONDITIONS AND
REPLAT AND PLAT THE PROPERTIES WITHIN 180 DAYS AT OWNER'S
EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 3260-square feet, 5-feet wide, utility easement, which is located
along the eastern edge of Magee Tract Lot-E, a platted 8.94 acre tract recorded in Volume
46, Page 223 of the Maps of Records of Nueces County; and the public utility easement
is recorded in Volume 2185, Page 670;and
WHEREAS, there is a second utility easement, 4614 square-feet, 5-feet wide, which is
located along the western edge of an unplatted 9.5086 acre tract (conveyed to Larry H.
Frederick, Trustee of Five Point Trust, as evidenced by the instrument recorded under
Document No. 1998021873, Deed Records of Nueces County); and the public utility
easement is recorded in Volume 2185, Page 677; and
WHEREAS, Home Depot, USA ("Owner"), owns each of the above tracts and wishes to
have the City abandon and vacate each of the utility easements in said tracts; and
WHEREAS, each of the above tracts is in the Gregorio Farias Portion of the Berranco
Blanco Grant; and
WHEREAS, it as been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portions of the above described utility
easements 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 t. That the above described 3260-square feet, 5-feet wide, utility easement (as
further described by the attached and incorporated Exhibit "A") and the above described
4614 square-feet, 5-feet wide, utility easement (as further described by the attached and
incorporated Exhibit "B") are abandoned and vacated for public use as utility easements,
subject to Owner's compliance with the following specified conditions as part of the
abandonment and vacation:
H;~EG-DIR~NOEMI\DDCU RT[S~MYDOCS~2001\ORD2001 A 00\Ordinanc.es\DDCORD01,101 .wpd
024343
Page 2 of 3
1)
The owner must replat his property within 180 days at Owner's expense. As part of
the replat, Owner must dedicate utility easements of equal or greater value. (Home
Depot, USA has purchased both tracts.) Because of this requirement that Owner
dedicate easements of equal or greater value, City waives payment of the fair
market value by Owner.
2)
Owner must pay for the relocation of a City 2" gas line, to be installed in an
easement to be dedicated by platting.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) 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 this ordinance is passed and shall take effect upon first reading
as an emergency measure this the 23rd day of January, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Arm~ecretary
Samuel L. Neal, Jr., Mayor ,~'
Legal Form Approved January 19, 2001
James R. Bray Jr.
City Attorney
Doyle D. ~;urtis
Senior Assistant City Attorney
H:\LEG-DIR\NOEMI\DDCURTIS~vlYDOCS~200 I\ORD2001.100\Ordinanc. es~DDCORD01.101.wpd
Page 3 of 3
Corpus Christi, Texas
O~ay of ?(~bl't,U_ (L~
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
,2001.
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 l<Jeal, J~., Ma~or/?'/
The City of Corpus Chri~.~'
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:\LE~G-DIR\N OEMI~DDC U RTIS~MYDOCS~2001\ORD2001 100\Ordinanc.es\DDCORD01.101 .wpd
024343