HomeMy WebLinkAbout024878 ORD - 05/21/2002AN ORDINANCE
ABANDONING AND VACATING A 5,834 SQUARE FOOT PORTION OF
A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF LOTS lA AND
2, SHARE III, C.C. HART PARTITION; REQUIRING THE OWNER,
NUECES COUNTY EMERGENCY SERVICES DISTRICT NO. 1,
(ANNAVILLE VOLUNTEER FIRE DEPARTMENT) 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 5,834 square foot portion of a 10 foot wide utility easement out of Lots
lA and 2, Share III, C.C. Hart Partition, as recorded in Volume 42, Page 146, Map Records
Nueces County, Texas, that the owner, Nueces County Emergency Services District No. 1,
(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 5,834 square foot portion of a 10 foot wide utility easement out of Lots
lA and 2, Share III, C.C. Hart Partition, as recorded in Volume 42, Page 146, 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 $820.00 for the
vacating and abandonment of a 2,734 square foot portion of the 10 foot wide utility
easement.
That Owner dedicate a 5 foot wide utility easement totaling 3,100 square feet in exchange
for abandoning and vacating the remaining portion.
Central Power and Light will seek reimbursement if adjustments to their facilities become
necessary.
The Owner must replat the portions of C.C. Hart Partition 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
\\CITYHALL02\USERS\LEG-DIR\JOSEPH\WORD\ORD-HariPt.doc
024878
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
21 st day of May, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
,2002
BY: Joseph H~ey/~--~
Assistant City Attorney
\\CITYHALL02\USERS\LEG-DIR\JOSEPH\WORD\ORD-HartPt.doc
Corpus Christi, Texas
~ dayof ¥¥ ~kJA~/~, ,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,
nSamuel L. ~al, Jr., Mayor
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\JOSEPH\WORD\ORD-HartPt.doc
024878