HomeMy WebLinkAbout024477 ORD - 06/19/2001AN ORDINANCE
ABANDONING AND VACATING A 1,173 SQUARE FOOT PORTION OF
A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 9, ARBOR
TERRACE SUBDIVISION; REQUIRING THE OWNER, MR. GREG
KUPEC, 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 1,173 square foot portion of a 10 foot wide utility easement out of Lot 9,
Arbor Terrace Subdivision as recorded in Volume 55, Pages 33-34, Map Records Nueces
County, Texas, that the owner, Mr. Greg Kupec (Owner), wishes to have abandoned and
vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus
Ckristi to abandon and vacate said portion of the utility easement for all purposes, subject to the
provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 1,173 square foot portion of a 10 foot wide utility easement out of Lot 9,
Arbor Terrace Subdivision as recorded in Volume 55, Pages 33-34, Map Records 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:
Payment of the fair market value is set at $340.00 for the total 1,173 square foot portion
of utility easement right-of-way to be abandoned and vacated.
Zoning Board of Adjustment granted Owner a variance on May 23, 2001, (case # 3213),
allowing the building to be placed in the 10-foot side yard.
The Owner must replat the portions of Arbor Terrace 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 (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 that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure this the
19th day of June, 2001.
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ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. N~a~, Jr. , ~/r
Mayor
Legal form approved
James R. Bray, Jr.
City Attorney
,2001
Joseph(Jt~-neyv
Assistant City Attorney
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Corpus Christi, Texas
,2001
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 requiting 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. lX~l, Jr., Mayo~//
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero [( ~[~ .
Henry Garrett . .
Bill Kelly
Rex A. Kinnison
John Longotia
Jesse Noyola
Mark Scott
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