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HomeMy WebLinkAbout026501 ORD - 10/11/2005 AN ORDINANCE ABANDONING AND VACATING A 6,638-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOTS 1-26, BLOCK 2, HOLLIDAY HARBOR, LOCATED 210 FEET EAST OF LAGUNA SHORES ROAD AND NORTH OF AN UNDEVELOPED PORTION OF YORKTOWN BOULEVARD; REQUIRING THE OWNER, LAGUNA SHORES RESORT AND MARINA, LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there IS a 6,638-suare foot portion of a 10-foot wide utility easement in Lots 126. Block 2, Holliday Harbor, located 210 feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard, as recorded in Volume 44, Page 31, Map Records Nueces County, Texas, that the owner, Laguna Shores Resort and Marina, LP, (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 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 6,638-square foot portion of a 10-foot wide utility easement in Lots 1-26, Block 2, Holliday Harbor, located 210 feet east of Laguna Shores Road and north of an undeveloped portion of Yorktown Boulevard, as recorded in Volume 44, Pages 31 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: The Owner shall pay the fair market value of $1,165.00 for the abandonment and vacation of the total 6,638-square feet of the 1 O-foot wide utility easement prior to issuance of bUilding permit 21 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, 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 !, ! ,I( J-DIR Joseph'ORD-HoIlHrbr-avdoc n:!hC)()l 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 11th day of Sp.J:ltF!rfiher, 2005. """oc+,:t;;r- ATTEST: THE CITY OF CORPUS CHRISTI I "^ Q .;:-h, /./~..Y"O '-- ~_/kd enry Gar tt Mayor _. Armando Chapa City Secretary Approved Ii i~ I ,2005 By Josepti' Har~ey Assistant City Attorney For City Attorney H IHi-D1R Joseph\ORD-HoIIH[br-a\ doc Corpus Christi, Texas 1.. t day of l )__.J .~-{ .~__, 2005 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, ll:;;rett~ City of Corpus Christi Council Members The above ordinance was passed by the following vote H I,Hi-DIR Joseph\()RD-HoIIHrbr.avdoc n ~: p, ~ () t