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HomeMy WebLinkAbout024746 ORD - 01/29/2002AN ORDINANCE ABANDONING AND VACATING 3,000 SQUARE FEET OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOT 4A, 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 3,000 square foot portion of a 10 foot wide utility easement out of Lot 4A, Block 502, Padre Island- Corpus Christi Mariner's Cay Subdivision, as recorded in Volume 61, Page 128, 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 CHRIST1, TEXAS, THAT: SECTION 1. That the 3,000 square foot portion of a 10 foot wide utility easement out of Lot 4A, Block 502, Padre Island- Corpus Christi Mariner's Cay Subdivision, as recorded in Volume 61, Page 128, 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 fair market value by Owner for the vacating and abandonment of this 10 foot utility easement because the Owner will be dedicating utility easements of equal or greater value to off-set the proposed vacation and abandonment of the easement. The Owner must replat the portions of Padre Island- Corpus Christi Mariner's Cay 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 th 29 day of January, 2002. L:\LEG-DIR\JOSEPH~WORD\ORD-PI-MarCay.doc 024746 ATTEST: THE CITY OF CORPUS CHRISTI City Secretary Mayor Legal form approved ..J~ ,_~ James R. Bray, Jr. 0 City Attorney ,2002 BY:Joseph HaZy/% Assistant City Attorney L:\LEG-DIR\JOSEPH\WORD\ORD-PI-MarCay.doc Corpus Christi, Texas ,2oo TO THE MEMBERS OF THE Cd'FY 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, Samuel L. i~eal~ 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 J 02474 L:\LEG-DIR\JOSEPH\WORD\ORD-PI-MarCay.doc