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HomeMy WebLinkAbout024800 ORD - 03/19/2002AN ORDINANCE AMENDING ORDINANCE NO. 024704 TO ALLOW FOR THE WAIVER OF THE FAIR MARKET VALUE PAYMENT FOR THE ABANDONING AND VACATING OF A 2,308.71 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF BLOCK CR, LEVEK TRACT IN EXCHANGE FOR THE OWNER DEDICATING A UTILITY EASEMENT OF EQUAL OR GREATER VALUE; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Ordinance No. 024704 be amended to allow for waiver of the fair market value payment for the abandoning and vacating of the 2,308.71 square foot portion of a 10 ~bot wide utility easement out of Block CR, Levek Tract in exchange for the Owner dedicating a utility easement of equal or greater value, as recorded in Volume 56, Pages 130, Map Records Nueces County, Texas 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 in the amount of $3,660 be waived because Owner will be dedicating a utility easement of equal or greater value to off-set the proposed vacating and abandonment of the easement. The Owner, Kimco Realty Corp., has been advised of and concurs with the conditions of the easement abandonment. 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 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 19th day of March, 2002. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary \\CITYHALL02\USERSkLEG-DIR\JOSEPH\WORD\ORD-levek2.doc Legal form approved James R. Bray, Jr. City Attorney 2002 BY: Josep~neJ]~ ~'~~ Assistant City Attorney \\CITYHALL02\USERS\LEG-DIRSJOSEPH\WORD\ORD-Ievek2.doc Corpus Christi, Texas lC dayo ,2002 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 Chnst~ 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 'x\CITYHA LL02\U SERS\LEG -DIR'xJOSEPHSWORD'xORD-levek2.doc