HomeMy WebLinkAbout026087 ORD - 12/21/2004
AN ORDINANCE
ABANDONING AND VACATING A 4,447-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT IN LOTS 19 THRU 24, BLOCK
5, SAXET HEIGHTS NO.2 AND LOT 1, SAXET COMMUNITY CENTER
ANNEX "A"; REQUIRING THE OWNER, CCISD, TO COMPLY WITH
THE SPECIFIED CONDITIONS AND OWNER REQUESTING AN
EXTENSION TO REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 4,447-square foot portion of a 10-foot wide utility easement in
Lots 19 thru 24, Block 5, Saxet Heights NO.2 and Lot 1 Saxet Community Center Annex
"A", as recorded in Volume 25, Page 80, and Volume 8, Pages 10-11, Map Records
Nueces County, Texas, that the owner, Corpus Christi Independent School District,
(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 4,447 -square foot portion of a 10-foot wide utility easement in
Lots 19 thru 24, Block 5, Saxet Heights No.2, and Lot 1 Saxet Community Center
Annex "A", as recorded in Volume 25, Page 80, and Volume 8, Pages 10-11, 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:
1) Fair Market Value will be waived because Owner will be dedicating a utility
easement of greater area (19,620-square feet), to off-set the proposed vacation and
abandonment of the easement.
2) The City Gas Department has a 3-inch gas line within the easement that will be
cut, flanged and abandoned in place,
3) The City Wastewater Department has a 6" sanitary sewer line in the easement
that is to be abandoned and relocated.
4) Engineering Services Department has agreed to allow CCISD to provide a
temporary lift/pump station to allow for a temporary by-pass line during construction for
continued wastewater service until relocation is completed. At the time the new
wastewater line is constructed, the temporary service will be abandoned.
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5) The City Water Department has an existing 3" water line that will be abandoned
in place,
6) Southwestern Bell Company (SBC) has existing power poles in the existing utility
easement to be abandoned and vacated that will need to be removed at owner's
expense.
7) AEP and TimeWarner both have existing overhead lines attached to SBC power
poles as well and will seek reimbursement if adjustments to any of their facilities
become necessary.
8) The Owner must replat at its request the portions of Lots 19 thru 24, Block 5,
Saxet Heights No.2, and Lot 1, Saxet Community Center Annex "A"; being abandoned
and vacated within 180 days at Owner's expense,
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 21st day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
~
Armarfdo Chapa
City Secretary
7~"t.f ~ y
Samuel L. eal, J(
Mayor
Approved
d /v' ""'cr / 6
, 2004
By: fl./(! ~ /
Josepli Harney 3
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
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~.\ day of (Q, ",-.1,-<-,-
,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: I/We, 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,
Respectfu lIy,
Council Members
The above ordinance was passed by the following vote:
Samuel L, Neal, Jr.
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Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
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Mark Scott
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