HomeMy WebLinkAbout024704 ORD - 12/18/2001AN ORDINANCE
ABANDONING AND VACATING A 2,308.71 SQUARE FOOT PORTION
OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF BLOCK CR,
LEVEK TRACT; REQUIRING THE OWNER, KIMCO REALTY,
CORPORATION, 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 2,308.71 square foot portion of a 10 foot wide utility easement out of
Block CR, Levek Tract, as recorded in Volume 56, Pages 130, Map Records Nueces County,
Texas, that the owner, Kimco Realty Corporation, (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 2,308.71 square foot portion of a 10 foot wide utility easement out of
Block CR, Levek Tract, as recorded in Volume 56, Pages 130, 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 payment of fair market value by Owner be made in the amount of $3,660 for the
vacating and abandonment of this portion of the 10 foot wide utility easement.
The Owner must replat the portions of Levek Tract 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 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
18th day of December, 2001.
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ATTEST: THE CITY OF CORPUS CHRISTI
City Secretary
Samuel L. N~,~r.
Mayor
Legal form approved
James R. Bray, Jr.
City Attorney
,2001
Joseph Hg,/mey t 0
Assistant City Attorney
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Corpus Christi, Texas
I~f)'~ay of~'~( ~[,-~0--' ,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 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,
g~m-~el L.'N~al, 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 Longoria
Jesse Noyola
Mark Scott
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