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.
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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
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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
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