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HomeMy WebLinkAbout024575 ORD - 09/11/2001AN ORDINANCE ABANDONING AND VACATING A 116.40 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 53, BLOCK 6, HIGHLANDS OAKS SUBDIVISION; REQUIRING OWNER, MR. MANUEL FLORES, 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 116.40 square foot portion of a 10 foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision, as recorded in Volume 49, Pages 160-161, Map Records Nueces County, Texas, that the owner, Mr. Manuel Flores, (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 116.40 square foot portion of a 10 foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision as recorded in Volume 49, Pages 160-161, 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 Owner will pay fair market value of $116.40 for vacating and abandonment of this 116.40-square foot portion of the 10 foot utility easement. The Owner must replat his property 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 1 lth day of September, 2001. H:\L EG-DIR\Lisa\ORD35ORD-PI-No 1 .doc ATTEST: THE CITY OF CORPUS CHRISTI Armando ~ City Secretary Legal form approved James R. Bray, Jr. City Attorney Lisa AguilarO Assistant City Attorney ,2001 Mayor H:\L EG-DIR\LisaSORD3\ORD-PI-No I .doc Corpus. Christi, Texas 1/ .dayof ~,2001 I 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 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, 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 H :\LEG-DIR\Lisa\ORD3\ORD-PI-No I .doc