HomeMy WebLinkAbout027875 ORD - 09/30/2008Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 321.35 -SQUARE FOOT PORTION
OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF THE SOUTH END
ADDITION, BLOCK 6, LOT 3A, ADJACENT TO SOUTH STAPLES
STREET, APPROXIMATELY 131 -FEET SOUTH OF THE PARK
AVENUE RIGHT-OF-WAY; REQUIRING THE OWNER, LLOYD W.
HOLMES, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY
WHEREAS, Lloyd W. Holmes (Owner) is requesting the abandonment and vacating of
a 321.35 -square foot portion of a 5 -foot wide utility easement out of the South End
Addition, Block 6, Lot 3A, adjacent to South Staples Street, which is located
approximately 131 -feet south of the Park Avenue right-of-way, in order to allow for the
future construction of a building structure over the easement and the development of
the property. The easement to be abandoned and vacated is located in a "B-5" Primary
Business District; 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, subject to the
provisions below. (Exhibit A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 321.35 -square foot portion of a 5 -foot wide utility easement out of
the South End Addition, Block 6, Lot 3A, approximately 131 -feet south of the Park
Avenue right-of-way, as recorded in Volume 35, Page 121 of the Map Records of
Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with
the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Owner must pay the fair market value of $565.00 within 30 days of the
adoption of this easement closure ordinance, on a one-time payment basis,
for the abandonment and vacation of the total 321.35 -square foot portion of
the 5 -foot wide utility easement.
2) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval and prior to occupancy of the accessory
structure.
3) Upon approval by 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 the approval of building permit and construction, an up-to-date
027875
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survey, abstracted for all easements and items of record, must be submitted
to the Deputy Director of Development Services.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 23rd day of September, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 18, 2008.
R. y einin
First Assists City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
%Aar
Henry Gargett
Mayor, City of Corpus Christi
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Corpus C risti, Texas II����� �l9C��
c0 Day of Sep`K:f�llt , 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: 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,
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper 4
Larry Elizondo, Sr. h3c#*
Mike Hummel) 41
Bill Kelly
Priscilla G. Leal UU
John E. Marez / "v
Nelda Martinez
Michael McCutchon
027875
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