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HomeMy WebLinkAbout025765 ORD - 05/25/2004AN ORDINANCE ABANDONING AND VACATING A 1,484-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 1-3, AND LOTS 50-52, BLOCK A, DON PATRICIO; REQUIRING THE OWNER, DANIEL J. THORNTON, 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 1,484-square foot portion of a 10-foot wide utility easement between Lots 1-3, and Lots 50-52, Block A, Don Patricio, as recorded in Volume 8, Page 30, Map Records Nueces County, Texas, that the owner, Daniel J. Thornton, (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 1,484-square foot portion of a 10-foot wide utility easement between Lots 1-3, and Lots 50-52, Block A, Don Patricio, as recorded in Volume 8, Page 30, 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 $1,670.00, for the proposed 1,484-square foot portion of a 10-foot wide utility easement that is to be abandoned and vacated at owner's expense. That the Owner replat the portions of Lots 1-3, and Lots 50-52, Block A, Don Patricio, 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 25th day of May, 2004. H :\LEG-DI RLloseph\ORD-DonPat.doc 025765 A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2004 By: / Joseph Hbrney Assistant City Attorney For City Attorney H:\LEG-DiR~Joseph\ORD-DonPat.doc Corpus Christi, Texas ~,~) day of (.- ,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 Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-D1RUoscph\ORD-DonPat.doc