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HomeMy WebLinkAbout025762 ORD - 05/18/2004AN ORDINANCE ABANDONING AND VACATING A 1,514-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 23-25 AND LOTS 48-50, BLOCK 11, FLOUR BLUFF PARK; REQUIRING THE OWNER, SSP PARTNERS II, LLC, 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 1,514-square foot portion of A 10-foot wide utility easement between Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park, as recorded in Volume 7, Pages 52-53, Map Records Nueces County, Texas, that the owner, SSP Partners II, LLC, (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 1,514-square foot portion of a 10-foot wide utility easement between Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park, as recorded in Volume 7, Pages 52-53, Map Records Nueces County, Texas, 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: Payment of the fair market value of $3,800 for the proposed vacation and abandonment of the 1,514-square foot portion of utility easement. Pdor to closure being granted, Owner must pay the City Gas Department an amount of $4,085.00 for terminating and removing an existing 6-inch City gas main that is within the 10-foot utility easement. That the Owner replat the portions of Lots 23-25 and 48-50, Block 11, Flour Bluff Park, 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 18th day of May, 2004. H:\LEG-DIR~Joseph\ORD-FIr BIfS SP.doc CJ25762 A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary SamuelL. NeaI, Jr. ' (~/ Mayor Approved ,2004 Joseph~arney (~ Assistant City Attorney For City Attorney H:\LEG-DIR~Joseph\ORD-FIrBIfS SP.doc Corpus Christi, Texas 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: lANe, 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-DI R~Joseph\ORD-FIrBlfS SP.doc