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HomeMy WebLinkAbout025188 ORD - 02/11/2003AN ORDINANCE ABANDONING AND VACATING A 1,60S.1-SQUARE FOOT PORTION OF A FIVE ($) FOOT WIDE UTILITY EASEMENT OUT OF TRACT 8, OAKHURST PLAZA; REQUIRING THE OWNER, OAKHURST LTD, A TEXAS LIMITED PARTNERSHIP, 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 1,605.1-square foot portion of a 5-foot wide utility casement out of Tract 8. ()akhurst Plaza as recorded in Volume 59, }'ages 7&8. Map Rccords Nueces County, Texas, lhat the owner. Oakhurst l~td. a lcxas limited partnership. (Owner), wishes to have abandoned and vacaled: and WHEREAS, it has been delormined that it is feasible and advantageous to the City of Corpus ('bristi to abandon and vacate said portion of the utilit} euscment for all purposes, subject to thc prox isions belox~, NO%', THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SE('T1ON 1. lhat the 1.605.1-square foot portion of a 5-1bet widc utility easement out of Tract 8. ()akhurst Pla×a. as recorded in Volume 59. Pages 7&8. Map Records Nueces County, Texas is ubandoned and vacated for public usc as a utility cascment, subject to Owner's compliance with thc tbllowing spccified conditions as part (71' tiao abandonment and vacation: Payment of the fair markcl xalue is waived lbr thc 1,605.01-square foot portion of utility easemcnt right-of-x~a.x to bc abandoncd and ~acutcd duc to the City initiating the closure. Central Power & Light and Southxxcstcrn Bell xx ill sock rcimbursement if a4justments to their l;acilitics become ncccssarv. The sanitar> sewer serxing tine ()utback Stcakhousc Restaurant will become a private line to be maintuincd b? thc property ox~ner. Ibc ()x;ner must rcplat tile portions (71' South Ba~ listales Subdivision being abandoned and vacated within 180 daxs at Owner's expense: provided however, the City Engineer ma> extend the time limit fi~r an additional 180 days if extenuating circumstances outside tile Owner's conlrol necessitate an extension. SE('TION 2. That upon x~ritlen request of the Ma3or or fixc council mcmbcrs, copy attuchcd. thc Cily Council (1) finds and declares an emergent3 duc to tbe need for immediate action necessary for the efficient and cfli~ctive administration of ('it3 affairs and (2) suspends the ('hatter rule lhat requires consideration of and x oting upon ordinances at two regular meetings so that lhis ordinance is passed and tukcs effect npon lirst rcading as an emcrgcncy measure this the I I'h da> of February. 2003. II I [ (M)lR'Joscph ORI)-Oakhst2 doc THE CITY OF CORPUS CHRISTI z'X. rBlando Chapa Secretary Ma',orSamuel 1.. Nea~', Jr. '" Approxed ~ =Z ~ ,-~. ~ .2003 Joseph Hafne.x ) ,,\ssistanl ('it>' Attorney I'or ('ity Attornc> H [ l(; I)lI'~Joseph()RD-Oakhst2doc Corpus,( 'hristi. I'exa.? lO lllF: MEMBERS ()F rl'llk~ CIT~5'('()UNCIL Corpus tq ]'isti. Iexas For thc reasons set lbrth in the emergency clause of thc foregoing ordinance, an emergency exists requiring suspension of thc Charter rule as to consideration and voting upon ordinances at tx~o rcgular meetings: l/We~ therelbre, toques! that you suspend said Charter rule and pass this ordinance 15ually on thc date it is introduced, or al the present mectiug of thc City Council. Rcspccll'ull>, I~.cspcctfully, ,SSmucl [[. Nca~,d~r., M~yor (_'it}' of (_'orpus Christi ('ouncil Members lhc aboxe ordinance x,~as passed b> thc follox~iug xote: Samuel I Neal. Jr. Brenl ('hesne) .lax ier I). ('olmcucro 1 lcnr', (iarrett Bill Kcll> Rex ,,\, Kinnison John l.ongoria Jesse Noy Mark Scotl ll:[ [ (i-DIR .Ioseph ORD-Oakhst2 doc · ~,. ,)