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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. \\CITYHALL02\U SERSq,EG-DIR\SHIN DA\JOSEPH~ORD-ArborT.doc 0 2 4 4 '/7 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 \\CITYHALL02\USERS\LEG-DIR\SHINDA\JOSEPH\ORD-ArborT.doc 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 \\CITYHALL02\USERS\LEG-DIR\SHINDA\JOSEPH~ORD-ArborT.doc 0 .,.1477