HomeMy WebLinkAbout025509 ORD - 09/30/2003AN ORDINANCE
ABANDONING AND VA(
FOOT WIDE UTILITY EA
5 SUBDIVISION; REQ~
COMPLY WITH THE
PROPERTY WITHIN
DECLARING AN EMER
;ATING A 263-SQUARE FOOT PORTION OF A 5-
BEMENT IN LOT 13, BLOCK 1, WINDSONG UNIT
JIRING THE OWNER, GLEN F. WELLS, TO
;PECIFIED CONDITIONS AND REPLAT THE
180 DAYS AT OWNER'S EXPENSE; AND
~ENCY.
WHEREAS, there is a 263-square foot portion of a 5-foot wide utility easement in Lot 13,
Block 1 Windsong Unit 5 Subdlvision recorded in Volume 62, Page 75, Map Records
Nueces County, Texas, that the Owner, Glen F. Wells, (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 vtacate 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
CO~PUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 263-square foot portion of a 5-foot wide utility easement out of Lot
13, Block 1, Windsong Unit 5 Subdivision, as recorded in Volume 62, Page 75, 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 Owner pay the fair market value of $360.00 for the vacating and
abandonment of this 263~-square foot portion of the utility easement.
AEP, Time Warner, and the City of Corpus Christi Gas Department will seek
reimbursement if adjustments to their facilities become necessary.
Owner and assignees assume the risk and will be held responsible for any damages
to adjacent structures, within Lots 12 and 13, Block 1, Windsong Unit 5 Subdivision,
as a result of any repairs, maintenance, or removal of utilities within the remaining
7.5' utility easement.
The Owner must replat the portions of Windsong Unit 5 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 ~e efficient and effective administration of City affairs and
(2) suspends the Charter rule that requires consideration of and voting upon ordinances
}I:\LEG-D1R'xJOSEPtt\ORD-WINSNG5.DOC
at two regular meetings so that t~is ordinance is passed and takes effect upon first reading
as an emergency measure this the 30th day of September, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form ..~/.~- ~'¢, 2003
By:
Assistant City Attorney
For City Attorney
H:'\LEG-DIR,JOSEPH\ORD-WINSNG5 DOC
Corpus Christi, Texas
.~ '~-"~¢'" d ay of '~--(. -¢---",- ,2003
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/VVe, 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 Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:'4,EG-DIR~JOSEPI I\ORD-WINSNG5.DOC