HomeMy WebLinkAbout025004 ORD - 09/09/2002AN ORDINANCE
ABANDONING AND VACATING A 2,000 SQUARE FOOT PORTION OF
A TEN (10) FOOT WIDE UTILITY EASEMENT IN LOTS IA, lB, 2A, 2B,
3A, 3B, 4A, AND 4B, BLOCK 21 PADRE ISLAND NO.1; REQUIRING
THE OWNER, SSP PARTNERS/CIRCLE K, 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 2,000 square foot portion of a 10 foot wide utility easement in Lots lA,
lB, 2A, 2B, 3A, 3B, 4A, and 4B Block 21, Padre Island No.l, as recorded in Volume 13, Pages
1-8, Map Records Nueces County, Texas, that the owner, SSP Partners/Circle K, (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 2,000 square foot portion of a 10 foot wide utility easement in Lots IA,
lB, 2A, 2B, 3A, 3B, 4A, and 4B, Block 21, Padre Island No. 1, as recorded in Volume 13, Pages
1-8, 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 be waived because Owner will be dedicating utility
easements of greater value to off-set the proposed vacation and abandonment the
easement.
The Owner must replat the portions of Padre Island No. 1 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
9th day of September, 2002.
L:\LEG-DIR\JOSEPH\WORD\ORD-PI 1-2 I.doc
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
By: ~ ./¼ t L
Joseph l~ney' ~
Assistant City Attorney
L:\LEG-DIR\JOSEPH\WORD\ORD-PI 1-2 l.doc
Corpt~s Christi, Texas ·
~day of~,~002
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,
Samuel L. Meal, Jr., May61e' V -
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. Kirmison
John Longoria
Jesse Noyola
Mark Scott
LSLEG-DIR\JOSEPH\WORD\ORD-PI 1-2 l.doc