HomeMy WebLinkAbout027695 ORD - 05/13/2008F {
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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
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"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
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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
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