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HomeMy WebLinkAbout026088 ORD - 12/21/2004 AN ORDINANCE ABANDONING AND VACATING A 2,725-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 3, BLOCK 1, COUNTRY CREEK UNIT 2; REQUIRING THE OWNER, MR. SHANE GRAY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,725-square foot portion of a 10-foot wide utility easement in Lot 3, Block 1, Country Creek Unit 2, as recorded in Volume 55, Pages 186-187, Map Records Nueces County, Texas, that the owner, Shane Gray, (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 2,725-square foot portion of a 1 O-foot wide utility easement in Lot 3, Block 1, Country Creek Unit 2, as recorded in Volume 55, Page 186-187, 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. Payment of the fair market value, appraised at $1,365.00, for the proposed 2,725-square foot portion of a 10-foot wide utility easement that is to be abandoned and vacated at owner's expense. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property 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. 3. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services 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 H: ILEG- D I R IJ oseph 10 RD-CoCrk2 -av .doc n~?r,nS8 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 ~ Armando Chapa City Secretary L:~N~~ ~ ~~ Samuel L. Neal, Jr. Mayor Approved IJ<!(v 1.', /(" , 2004 By: '~ fi-~ , Joseph arney 0 Assistant City Attorney For City Attorney H:ILEG-DIRIJosephIORD-CoCrk2-av,doc Corpus Christi, Texas J,st day of l::lzu>>-t"-",- . 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, Respectfully, Samuel L. eal, Jr., Mayo City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr, CJx (U1 ~!r. IK:- O.L1L 01f- ~ , ,f" WXU1,..}- 0tzy wy_ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H: ILEG- D I R IJ osephlO RD-CoCrk2-av ,doc n?~n88