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ORDINANCE
ABANDONING AND VACATING A 83,093.75 -SQUARE FOOT
PORTION OF AN EXISTING UTILITY EASEMENT OUT OF PARKDALE
SHOPPING CENTER, BLOCK AR, LOCATED NORTH OF AND
ADJACENT TO THE GOLLIHAR ROAD PUBLIC RIGHT-OF-WAY;
REQUIRING THE OWNER, PARKDALE INCOME PARTNERS, LP, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Parkdale Income Partners, LP (Owner), is requesting the abandonment
and vacating of a 83,093.75 -square foot portion of an existing utility easement out of
Parkdale Shopping Center, Block AR, which is located north of and adjacent to the
Gollihar Road public right-of-way, in order to accommodate the future re -development
of Parkdale Plaza Shopping Center. The easement to be abandoned and vacated is
located in a "B-4" General Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
February 23, 2010, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; 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 83,093.75 -square foot portion of an existing utility easement out of
Parkdale Shopping Center, Block AR, located north of and adjacent to the Gollihar
Road public right-of-way, as recorded in Volume 41, Page 158 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) Staff recommends that payment of fair market value be waived in accordance
with City Code of Ordinance Sec. 49-12 because Owner will be dedicating a
new utility easement of equal or greater value to off -set the proposed
abandonment and vacation of the 83,093.75 -square foot utility easements.
2) The City Water Department is requiring a new 15 -foot utility easement for
proposed waterline construction. A temporary utility easement by separate
instrument will also be required for the public water mains that will remain
active during project construction.
028492
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3) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
4) 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 for Engineering and 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 ordi an is pa s d and shall take
effect upon first reading as an emergency this the'S ay of fe i , 2010.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Ame
City Secretary
APPROVED: oZ/,.,L, . 2010.
eborah W. Bro
Assistant City Attorney
For City Attorney
Mayor, City of Corpus Christi
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Corpus Chrjsti, Texas
Day of
, 2010
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,
Mayor
2mJoe Ad e
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
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