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HomeMy WebLinkAbout025731 ORD - 04/27/2004AN ORDINANCE ABANDONING AND VACATING A 6,734-SQUARE FOOT PORTION OF 'rvvo 10-FOOT WIDE DRAINAGE EASEMENTS IN LOTS 20-B AND 20- C, BLOCK 1, PATRICK GARDENS SCHOOL TRACT; REQUIRING THE OWNER, CCISD, 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 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20-B and 20-C, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, Map Records Nueces County, Texas, and in Volume 292, Page 122-125, Deed Records Nueces County, Texas, that the owner, Corpus Christi Independent School District, (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 drainage easements 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 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20-B and 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, Map Records Nueces County, Texas, and in Volume 292, Page 122-125, Deed Records Nueces County, Texas, is abandoned and vacated for public use as drainage easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value will be waived because Owner will be dedicating utility easements of greater value to off-set the proposed vacation and abandonment. The Owner must prepare construction plans for review and approval and relocate a 54-inch storm water line that is located within the two drainage easements 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 H:\I,EG-D1 R\Joseph\ORD-PatGrdns I .doc 025731 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ~'~rn-uel I'.-Ifl'eal, Jr: / // Mayor Approved ,~, ~ ~, j )~ z_ ,2004 By: Joseph~arney ~ Assistant City Attorney For City Attorney H:\LEG-DIR\Joseph\ORD-PatGrdns 1 .doc Corpus Christi, Texas ,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/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:\LEG-DlR\Joseph\ORD-PatGrdns I .doc ( 2573I