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HomeMy WebLinkAbout025610 ORD - 01/13/2004AN ORDINANCE ABANDONING AND VACATING A 8$2.50-SQUARE FOOT PORTION OF A 5-FOOT WIDE UTILITY EASEMENT IN LOT 3-A, SHARE 2-A, KALER ADDITION; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 852.50-square foot portion of a 5-foot wide utility easement in Lot 3-A, Share 2-A, Kaler Addition, as recorded in Volume 37, Page 65, Map Records Nueces County, Texas, that the owner, Valero Refining, L.P., (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 852.50-square foot portion of a 5-foot wide utility easement in Lot 3-A, Share 2-A, Kaler Addition, as recorded in Volume 37, Page 65, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value, appraised at $550.00, for the proposed 852.50- square foot portion of a 5-foot wide utility easement that is to be abandoned and vacated at owner's expense. That the Owner replat the portions of Lot 3-A, Share 2-A, Kaler Addition, 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 13th day of January, 2004. H :\LEG -DIR~Joseph\ORD-KalerAdd.doc C'25fi iO ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Nea~, Jr. ~'~ Mayor Approved ,2004 Joseph//Harney Assistant City Attorney For City Attorney H:\LEG-DIR\Joseph\ORD-KalerAdd.doc Corpus Christi, Texas i~~ dayof ~J~'~-~-~_~ ,2004 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: INVe, 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 Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DI R\Joseph\ORD-KalerAdd.doc