Loading...
HomeMy WebLinkAbout025841 ORD - 07/20/2004AN ORDINANCE ABANDONING AND VACATING A 3,291-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 10-R, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, HOME DEPOT USA, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 3,291-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas, that the owner, Home Depot USA, Inc., (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 3,291-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas is 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: Owner is to pay the fair market value of $32,910.00, for the vacation and abandonment of the two (2) 10-foot wide utility easements totaling 6,582-square feet. Owner must remove and cap at each end an existing water line and fire hydrant that are located within the easement to be abandoned and vacated at owner's expense. Owner must meet all fire protection requirements at time of building permit. Owner must relocate an existing SBC underground telephone line at Owner's expense. Owner will be dedicating a 5-foot wide electrical easement for an AEP distribution line. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records map records of Nueces County, Texas. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:\LEG-DIRLloseph\ORD-Hm Dpt-2.doc Anything upstream of City wastewater manhole A-3, as per record drawing 4-8- 96, will be private. 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 20th day of July, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved ,2004 Joseph H~rney ~ Assistant City Attorney For City Attorney H:\LEG-DIRXJosephSORD-HmDpt-2.doc Corpus Christi, Texas " ~- 2004 ,~' day of Lv 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 Char[er 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-D1R~Joseph\ORD-HmDpt-2.doc