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HomeMy WebLinkAbout027695 ORD - 05/13/2008F { Page 1 of 3 AN ORDINANCE AMENDING ORDINANCE 5762 TO REMOVE E THE REQUIREMENT UIF EMENT To RELOCATE UTILITY LINES FROM THE ALLEY THROUGH PORTAIRS ADDITION, BLOCK , THAT WAS CLOSED BY ORDINANCE 5762 TO A NEW UTILITY EASEMENT THAT WAS BEING PROVIDED BY SAM SUSSER; CLOSING AND ABANDONING THE 15 FOOT WIDE UTILITY EASEMENT GRANTED BY SAM SUSSER TO THE CITY OF CORPUS CHRISTI ON MAY 11, 1960; WAIVING REQUIREMENT To REPLAT THE AFFECTED PROPERTIES TIES DUE TO THE EASEMENT CLOSURE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, EAS, by Ordinance 5762, passed on May 11, 1960, the City Council closed the alley through Portairs Addition, Block 8, authorized the City Manager to execute an agreement with the property owner to remove and relocate the utility lines in the alley to a new utility easement, and accepted a new utility easement from Sam Susser for the relocation of utilities at Sam Susser's expense; WHEREAS, while the "new" easement was dedicated the document granting the utility easement to the City was never recorded at the Nueces County Courthouse; WHEREAS, the utilities in the abandoned alley were never relocated to the "new" easement, but remain in the former alley, which was later dedicated as a utility easement on February 5, 1982; WHEREAS, this unused and unrecorded "new" utility easement creates a cloud on the titles of Lots 17 — 32 of Portairs Addition, Block 8; WHEREAS, the City Council deems it in the public interest to amend Ordinance 5762 to repeal the provision providing for the relocation of utility lines from the closed alley to the "new" utility easement; and WHEREAS, the City Council deems it in the public interest to close and abandon the "new" utility easement granted by Sam Susser in 1960; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 5762 is amended by repealing Section 2 of the ordinance, which authorized and directed "the City Manager to execute and deliver the agreement of the property owner abutting on said alley to remove and relocate the utility line and provide a new utility easement, a copy of which agreement is attached hereto and made a part hereof." SECTION 2. The City closes and abandons the utility easement or right -of --way described as follow: 027695 PORTAIRSBEASEMENTCLOSUREORD 05022008 Page 2 0# 3 "A strip of land fifteen feet (15') in width and being seven and one-half (7-1/2') feet on each side of the following described centerline: "Said centerline being a line beginning at a point in the southernmost boundary tine of Block Eight (8), Portairs Addition to the City of Corpus Christi, Texas, twenty-five feet (25') west of the southeast corner of said Block Eight (8), and extending parallel to the easternmost boundary of such Block Eight sufficient distance to intersect the northernmost boundary of said Block Eight at a point in the northernmost boundary of said Block Eight (8), twenty-five (25') west of the northeasternmost corner thereof." SECTION 3. Notwithstanding Section 49-13, Code of Ordinances, the property owners of lots burdened by the existing utility easement closed and abandoned by Section 2 of this ordinance, are not required to replat their lots. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. 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 Rassed and takes effect upon first riding as an emergency measure on this the 1?'l day of 2008. TIS OF CO - PUS CHRISTI Armando Chapa enry Gar -ll City Secretary Mayor APPROVED: This 2nd day of May, 2008: R. Re` ' ung First Assistant C Attorney For City Attorney PORTAIRS8EASEMENTCLOSUREORD 05022008 Page 3 of 3 Corpus Christi, Texas (2ayof 2008 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: Uwe, 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, Council Members my Garre Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ,44,,S4- Atiliz-- __At_ '- A -to aul- 0276 -tosaul- 027695 PORTAIRS8EASEMENTCLOSUREORD 05022008 Jhady-