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HomeMy WebLinkAbout024489 ORD - 06/26/2001AN ORDINANCE ABANDONING AND VACATING A 544.50 SQUARE FOOT PORTION OF A TWENTY (20) FOOT WIDE UTILITY EASEMENT OUT OF LOT 2E, BLOCK 1, CAJA INDUSTRIAL DEVELOPMENT; REQUIRING THE OWNER, MR. DAVID B. EVINS, 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 544.50 square foot portion of a 20 foot wide utility easement out of Lot 2E, Block 1, Caja Industrial Development, as recorded in Volume 60, Page 52, Map Records Nueces County, Texas, that the owner, Mr. David B. Evins, (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 below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 544.50 square foot portion of a 20 foot wide utility easement out of Lot 2E, Block 1, Caja Industrial Development, as recorded in Volume 60, Page 52, 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: That the City waive payment of the fair market value by the Owner for the vacating and abandoning of this 544.50 square foot (3 foot wide by 181.5 feet long) portion of a 20 foot wide utility easement because the Owner will dedicate an easement of equal or greater value as part of the replatting conditions. Central Power & Light will relocate existing overhead electrical lines within the easement at Owner's expense. The Owner must replat the portions of Caja Industrial Development 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 (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 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 26th day of June, 2001. L:\LEG-DIR\SHINDA\JOSEPH\ORD-CajaID.doc I~ ~ "~ Zi ~ 9 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Legal form approved James R. Bray, Jr. City Attorney ~Ja~e z I ,2OOl BY:Joseph H~ey~ /-~ Assistant City Attorney L:\LEG-DIR\SH1NDA\JOSEPH\ORD-CajalD.doc Corpus Christi, Texas (-~ (~-~cl~aay of (~.A.~D.~, ,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 requiring suspension of the Charter role 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, 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 Longoria Jesse Noyola Mark Scott L:\LEG-DIR\SHINDA\JOSEPH~ORD-CajalD.doc 0 ~ :~ 4 8 ~