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HomeMy WebLinkAbout025611 ORD - 01/13/2004AN ORDINANCE ABANDONING AND VACATING A 2,500-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 7-11, AND LOTS 30-34, BLOCK 35, PADRE ISLAND NO. I SUBDIVISION; REQUIRING THE OWNER, SOUTH TEXAS HOTELS, L.L.P., (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 2,500-square foot portion of a 10-foot wide utility easement out of Lots 7-11 and Lots 30-34, Block 35, Padre Island No. 1 Subdivision, as recorded in Volume 36, Page 12, Map Records Nueces County, Texas, that the owner, South Texas Hotels L.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 2,500-square foot portion of a 10-foot wide utility easement out of Lots 7-11 and Lots 30-34, Block 35, Padre Island No. 1 Subdivision, as recorded in Volume 36, Page 12, 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: Fair market value is to b'e waived because Owner will be dedicating utility easements of greater value to off-set the proposed vacation and abandonment of the easement. r The Owner must replat Lots 7-11 and Lots 30-34, Block 35, Padre Island No. 1 Subdivision 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-DI RLloseph\ORD-Pl-hotels.doc ATTEST: THE CITY OF CORPUS CHRISTI Arma~ City Secretary Samuel L. [~¢al, Jr. Mayor Approved ,2004 Joseph ~arney ~ Assistant City Attorney For City Attorney H:\LEG-DI R\Joseph\ORD~Pl-hotels.doc Page 3 of 3 Corpus Chris~, Texas I '~' day ,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. 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, Council Members Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero The above ordinance was passed by the following vote: Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~_ONING\I 103-05ALTERNATIVE.DOC