HomeMy WebLinkAbout025899 ORD - 08/17/2004AN ORDINANCE
ABANDONING AND VACATING A 6,710.2-SQUARE FOOT PORTION
OF A '10-FOOT WIDE UTILITY EASEMENT IN LOT 10-R, BLOCK l,
MOORE PLAZA; REQUIRING THE OWNER, WAL-MART STORES,
INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 6,710.2-square foot portion of a 10-foot wide utility easement in
Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54,
Page 63, Map Records Nueces County, Texas, that the owner, Wal-Mart Stores, 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 6,710.2-square foot portion of a 10-foot wide utility easement in
Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54,
Page 63, 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 $1,665.00, for the vacation and
abandonment of a 333-square foot remainder portion of three separate easement
rights-of-way. Owner will be vacating and abandoning three (3) separate lO-foot
wide portions of utility easements totaling 12,656-square feet and this amount is
offset by the dedication of 12,323-square feet of new utility easements.
2. Owner must relocate existing water lines and fire hydrant at Owner's expense.
Owner must relocate an existing SBC underground telephone line at Owneds
expense.
Owner must relocate an existing AEP underground cable line at owner's
expense.
Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded in the real property records and 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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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 17th day of August, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Mayor
Approved /~ ,,-] ~- d'- //
,2OO4
Joseph Harney L)
Assistant City Attomey
For City Attomey
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Corpus Christi, Texas
I" l .Oay of .200
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 Chdsti
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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