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HomeMy WebLinkAbout026398 ORD - 08/23/2005 AN ORDINANCE ABANDONING AND VACATING A 900-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 18, BLOCK 4, CANDLEWOOD ANNEX, LOCATED ON AIRLINE ROAD, APPROXIMATELY 150 FEET NORTH OF HOLLY ROAD; REQUIRING THE OWNER, SSP PARTNERS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a gOO-square foot portion of a 10-foot wide utility easement out of Lot 18, Block 4, located on Airline Road, as recorded in Volume 57, Page 151, Map Records Nueces County, Texas, that the owner, SSP Partners, 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 900-square foot portion of a 10-foot wide utility easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road, as recorded in Volume 57, Page 151, 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 ! That the Owner pay the fair market value of $3,600.00 for the abandonment and vacation of the total 900-square foot portion of the 1 O-foot wide utility easement. 21 SBC had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 3i Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. 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. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 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 I' 1,1 (i-I )]RUosephORD-CndL'\nx-a\ .doc 02Fl398 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI - /~~ Armando Chapa City Secretary ~~ enry Gar ett Mayor Approved ,2005 By ~v'~ 'f , Joseph arney ~ Assistant City Attorney For City Attorney I! 1.1< ;-DlR doseph\ORD-CndL'\nx-avdoc Corpus Christi, TexCiS 3 ;~~ day of (~~:J + TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,2005 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: IlWe, 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, /~~ Henry Gar tt, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Mark Scott ~ ~ 4i- -w; Wr ~ ~ ; I Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola II I ,Ii ;-DIR\JosephORD-CndlAnx-a\ .doc ()2h:-H~~