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HomeMy WebLinkAbout027494 ORD - 11/20/2007Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 1,964.88 -SQUARE FOOT PORTION
OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK 1,
DEL MAR COLLEGE EAST CAMPUS; LOCATED APPROXIMATELY
370 -FEET NORTH OF THE EDWARDS STREET PUBLIC RIGHT-OF-
WAY; REQUIRING THE OWNER, DEL MAR COLLEGE DISTRICT, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Del Mar College is requesting the abandonment and vacating a 1,964.88 -
square foot portion of a 10 -foot wide utility easement out of Lot 1, Block 1, Del Mar
College East Campus, located approximately 370 -feet north of the Edwards Street
public right-of-way, in order to provide an easement over a re-routed City water line as
required by the Garcia Building expansion project.
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)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 1,964.88 -square foot portion of a 10 -foot wide utility easement
out of Lot 1, Block 1, Del Mar College East Campus is abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below. A temporary
utility easement is retained over, under, along, across, and through the abandoned
right-of-way until the existing utilities in the easement are relocated or abandoned. The
plat is recorded in Volume 53, Page 103, of the Map Records of Nueces County, Texas.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Fair Market Value will be waived because Owner will be dedicating a
1,964.88 -square foot utility easement of greater value to off -set the proposed
abandonment and vacation of the 10 -foot wide utility easement.
2) City Water Department has an existing water main next to the proposed
building expansion and is requiring that the water main be relocated at
owner's expense. Owner must submit a set of construction drawings for the
relocation of the water main with a minimum 15 -feet separation between the
water main and the foundation of the building.
3) AT&T has cable adjacent to the proposed easement closure and is requesting
that if any excavation is going to be done within the proximity of its cable, and
that the Owner call 1-800-344-8377, for utility line locates, 48 hours prior to
the start of construction.
027494
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Page 2 of 3
4) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
5) 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
survey, abstracted for all easements and items of record, must be submitted
to the Assistant City Manager 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 20th day of November, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: November 14, 2007.
G`ry W. Smith
Assistant City Attorney
For City Attorney
CITY 0 CORPUS CHRISTI
f:� ry Gar—tt
Mayor, City of Corpus Christi
H:1LEG-D1 R1Shared\GarySlagenda12007111-201ORD-abandon-vacateUtilEasmt-DelMar.doc
Page 3 of 3
Corpus Christi, Texas
p�a Day of j%��'l/l�(
0"
, 2007
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 A hW
Larry Elizondo, Sr.An(
Mike HummellAlrx
Bill Kelly int
Priscilla G. Leal-(/
John E. Marez 4
Nelda Martinez
Michael McCutchon
027494
H:ILEG-DI RlShared\GarySlagenda12007111-241ORD-abandon-vacateUtilEasmt-DelMar.doc
Point of
Cornmencement
taJ
Edwards Street
w
35'
haft 18'00'1:
35.
35'
Ayers Street
371.72'
41=0523'2r A 08.10'20'
0R=78.88' R=68.88'
C1 T=3.71' 0T=3.71
L=7.42` L=7.42'
LI
S61'40`A0'E
10.Q5'
12
N61442'00iv
10.00'
Point of
Beginning
Lot 1, Block 1
Del Mor East Campus
Vol. 53, Pg. 103. Map
Records, Nuecee County, Texas
N28' 18'00'E
189.08'
C1
10' ,.. • t Cl... R•., P. t •
0.045 Aaree (1.964.88 Sq.Ft.) 561'42'00'E 78.88'
10' U.E. (Vol. 2195. Po.
�--�-- 442, Deed Records of
Nueces County. Texas)
Map to Accompany
field Notes for the closure of o portion of a 10.00 foot wide
uh7rty easement oul of cot 1, Block 1, Del Alar College fast
Campus, a mop of which is recorded in Volume .54 Page 104
Map Records of Nueces County, Texas. said easement recorded
in Document No. 702427, Volume 2195, Page 442, Deed
Records of Nueces County, Texas
S28' 18'00'W
189.08'
Radius Point bears
S55'31'36'E 68.88'
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