HomeMy WebLinkAbout028708 ORD - 07/20/2010Page 1 of 3
ORDINANCE
ABANDONING AND VACATING A 1,509.327 -SQUARE FOOT
PORTION OF A GROUND UTILITY EASEMENT, AND A 1,917.239 -
SQUARE FOOT PORTION OF AN AERIAL EASEMENT, OUT OF
TYLER SUBDIVISION, BLOCK 1, LOTS 2, 12, AND 13, AND TRACT B;
REQUIRING THE OWNER BL REAL ESTATE HOLDING COMPANY,
LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY
WHEREAS, BL Real Estate Holding Company, LP (Owner), is requesting the
abandonment and vacation of a 1,509.327 -square foot portion of a ground utility
easement, and a 1,917.239 -square foot portion of an aerial easement, out of Tyler
Subdivision, Block 1, Lots 2, 12, and 13, and Tract B, in order to allow for the future
construction and development over the existing easements. The easements to be
abandoned and vacated are located in a "B-3" Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday, July
20, 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 portions of the easements, 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 1,509.327 -square foot portion of a ground utility easement, and a
1,917.239 -square foot portion of an aerial easement, out of Tyler Subdivision, Block 1,
Lots 2, 12, and 13 and Tract B, located adjacent and southeast of Claudia Drive, as
recorded in Volume 35, Page 169, and Volume 32, Page 36 of the Map Records of
Nueces County, Texas, are 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 easements are conditioned
upon Owner's compliance with the following:
1) Staff recommends that payment of fair market value be waived in accordance
with 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 1,509.327 -square foot ground utility easement and the 1,917.239 -square
foot portion of an aerial easement.
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2) AEP has overhead electrical distribution facilities attached to AT&T owned
poles and has no objections, but will require that the owner dedicate a new
utility easement and that their facilities be relocated at Owner's expense.
3) AT&T had no objections, but will require that the owner dedicate a new utility
easement and their facilities be relocated at Owner's expense.
4) The City Water Department has an existing water main in the easement and
is requiring rerouting of the water main at Owner's expense.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) 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 ordinance is passed and shall take
effect upon first reading as an emergency this the4,20 ay of & L , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe A me
City Secretary
APPROVED: 77 /ST 2010.
eborah Walther Brow
Assistant City Attorney
For City Attorney
Mayor, City of Corpus Christi
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Corpus Christi, 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: Ilwe, 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,
Joe A�
Mayor
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
028708