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HomeMy WebLinkAbout024496 ORD - 07/17/2001AN ORDINANCE ABANDONING AND VACATING A 2,256.24 SQUARE FOOT PORTION OF A FIFTY (50) FOOT CUL-DE-SAC UTILITY EASEMENT OUT OF LOT 4, BLOCK 502, PADRE ISLAND-CORPUS CHRISTI MARINER'S CAY SUBDIVISION; REQUIRING THE OWNER, MR. B. WILEY MAYDEN, 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 2,256.24 square foot portion of a 50 foot cul-de-sac utility easement out of Lot 4, Block 502, Padre Island-Corpus Christi Mariner's Cay Subdivision as recorded in Volume 39, Pages 164-165, Map Records Nueces County, Texas, that the owner, Mr. B. Wiley Mayden, (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 2,256.24 square foot portion of a 50 foot cul-de-sac utility easement out of Lot 4, Block 502, Padre Island-Corpus Christi Mariner's Cay, as recorded in Volume 39, Pages 164-165, 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 waived for the total 2,256.24 square foot portion of utility easement right-of-way to be abandoned and vacated due to the future dedication of easements of equal or greater value as part of the replatting conditions. The O~vner must replat the portions of Navigation Industrial Park 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 ~vritten 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 role 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 17th day of July, 2001. \\CITYHALL02\USERS\LEG-D1R\SHINDA\JOSEPH\ORD-P1MarCay.doc Corpus Christi, Texas I~day of ~Vk k.Qg-&'_ ,2001 TO THE MEMBERS OF THE TY 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, Respectfully, /~amuet Lt. ~l~aT, Jr.', I'~layo~'// 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 \\CITYHALL02\USERS~LEG-DIR\SHINDA\JOSEPH\ORD-PiMarCay.doc 0 ?,t4§6 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ag~a~muel L. Neal,'Jr. ~J,~' Mayor ~' Legal form approved ~i ~ { ,-. James R. Bray, Jr. q City Attorney 2001 Joseph Ha~y ' ' Assistant City Attorney \\CiTYHALL02\USERS\LEG-DIR\SHiNDA\JOSEPH\ORD-PIMarCay.doc