The URL can be used to link to this page

Home My WebLink About028749 ORD - 08/31/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 3,706.474 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF WILKEY ADDITION UNIT 2, LOT E, EASEMENT BEING LOCATED JUST SOUTH OF THE SOUTH PADRE ISLAND DRIVE PUBLIC RIGHT-OF- WAY, AND WEST OF THE AIRLINE ROAD PUBLIC STREET RIGHT- OF-WAY, REQUIRING THE OWNERS, A & W RETAIL, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A & W Retail, Ltd., is requesting the abandonment and vacation of a 3,706.474 -square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, easement being located just south of the South Padre Island Drive public right-of-way, and west of the Airline Road public street right-of-way, in order to eliminate any conflict with the future development of a new commercial structure. 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, August 31, 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 3,706.474 -square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, as recorded in Volume 67, Page 333-334, 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) That the Owners pay the fair market value of $12,975.00 for the abandonment and vacation of the 3,706.474 -square foot portion of a 10 -foot wide utility easement out of Lot E, prior to closure going to City Council. 2) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. 028749 INDEXED Page) 2 of 3 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 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 ordinar2ge is passed and shall take effect upon first reading as an emergency this the 3/day of 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adae Mayor, City of Corpus Christi City Secretary APPROVED: August 24, 2010. ,rkee,o,i4 eborah Walther Brown Assistant City Attorney For City Attorney Page 3 of 3 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: 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, Joe Adie Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney /447 -- Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez —tAL Nelda Martinez Mark Scott 028749 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 028749 passed and approved by Corpus Christi City Council on August 31 , 2010 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 2nd day of September, 2010. //7 „),y,,,c_. / Armando Chapa , c,,,,.,:,,, .. . City Secretary ' � "`�42�, Corpus Christi, Texas 4'-44.:-: 4-ftv,i, t-ttA 4v,.;-,34 f * a Eta` a f ,eek " ,5:= r Li _ URBAN ENGINEERING April 9,2010 i. Job No.41852.B0.03 Exhibit A Utility Easement Closure State of Texas County of Nueces Field Notes for the closing of a 10.00 foot wide utility easement out of Lot E,Wilkey Addition Unit 2,a map of which is recorded in Volume 34,Page 89,Map Records of Nueces County,Texas;said easement being more fully described by metes and bounds as follows: Beginning at a point on the southwest right-of-way of South Padre Island Drive,State Highway 358,for the east corner of Lot I,Wilkey Addition Unit 2,a map of which is recorded in Volume 67,Pages 333-334,Map Records of Nueces County,Texas,same being the north corner of said Lot E and for the north corner(no monumentation found or set)of this easement,from which corner a found 5/8 inch iron rod bears North 29°00'00"East 0.44 feet; Thence,South 56°50'44"East,along the southwest boundary of said South Padre Island Drive,same being the northeast boundary of said Lot E and the northwest boundary of this easement a distance of 10.03 feet for the east corner(no monumentation found or set)of this easement; Thence,South 29°00'00"West,along the southeast boundary of this easement,parallel with common boundary of said Lots E and I and 10.00 feet distant there from,measured at right angles thereto,a distance of 370.28 feet for the south corner(no monumentation found or set)of this easement; Thence,North 61°03'00"West,along the southwest boundary of this easement,a distance of 10.00 feet for the west corner(no monumentation found or set)of this easement; Thence,North 29°00'00"East,along the southwest boundary of said Lot I,same being the northwest boundary of said Lot E and of this easement,a distance of 371.02 feet to the Point of Beginning and containing 0.085 acres(3,706.474 square feet)of land; Bearings are based on the recorded plat of Wilkey Addition Unit 2,a map of which is recorded in Volume 34, Page 89,Map Records of Nueces County,Texas. Unless this Fieldnotes Description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Urban Engineering A- r,..,. ��srER�.•y ' � � �� cam+ Q �\ Jr:nJ.Saaz , '.P.L.S'License No.4909 N JOSE SALAZAR %<111,..,24*/ \\Urbanfs0l\data\Surveying\41852\B003\FNIOUECIosure.doe Page 1 of 1 (361)854-3101 2725 SWANTNER DR. e CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm #145 • POrnto fBc g South Padre Island Drive��: Li (State Highway 358) ��4eiz NMFS _____z.-10' U.E. See Detail 'A' ------ ------ _ _ 20' Y.R.-7-1— .R J —T 207;;.7 — — — \C\ South Padr- Island Drive E Fd. 5/8` I.R. W `' 8.44' 0 ) j r E Gj�s‘ Lot /. T Lot II Detail 'A® r___.---rT,___/-F-' co v (V ax v � c.1 ~ N Lot E .... ' 00 Wilkey Addition Unit 2 �,'I c N- N Vol. 34, Pg. 89, Mop I v r7 u 0 Records of Nueces County, Texas .ORM ® W a M a O. • o u2 J"V0o 0 m aaZ 0 o QOY^o e_ W`°v 0)N y O Ts t Q Line Bearing Distance Zo " N L1 S56'50'44-"E 10.03' / cr NMFS = No Monumentation L2 ,N61'03'00"W 10.00' wi' Found or Set 0 40 80 1. 40' A--- Exhibit B in Map to Accompany FIELDNOTES for the closing of a 10.00 foot wide Utility Easement, out of the recorded plot of Wilkey Addition Unit 2, Volume 34, Page 89, Map Records of Nueces County, Texas. (/) LIu R e A DATE: APR. s 9 2010 _ :7ENGINEERING CALF '� t 10' U.E. __Jz NMFS JOB NO.: 4,852.80.03 I /� CORPUS CHRISTI, TEXAS / SHEET: 1 OF 2 i 1 Fim No. 145. 2725 Swan ,er St., corpus crust~ lx 78404/ DRAM BY: RLG 1 1 WAVE (asi)854—.5101 FAX 061)854-6801 ' 1 a b•n i erir•. F- O °� �� v 111 Q m U IIII SOUTH PADRE ISLAND DRIVE m �o 1111111 �Q mmulimmawara El 1.- I Tec)\-\c7117i z v) 0, 1 0 G\e�II PR ' P�o\i— m ' TANGLE OOD P a� I CAIN > o GLEN ARBOR zz 0, WOOD AVEN >1 LUCINDA C �ooa Q c0� Im0 0 o z Li] z 7e m o 0 0 = o Li < m o < CO Co _ , 1x111 , LA i OSTA Q KNOTT OAKS I-- U) 0 0 Map to Accompany : B A DATE: .APR. 9S 2010 SCALEFIELDNOTES for the closing of a 5.00 foot s40 wide Utility Easement. out of the recorded ENGINEERING JOB NO.: 41852.80.03 plat of Wilkey Addition Unit 2, Volume 67, ` 1% CORPUS CHRISTI. TEXAS / SHEET: 2 OF 2 Pages 333-334, Map Records of Nueces \ / DRAWN BY: RLG County, Texas. F 145. j7� 118!St" ) 4a+rt- 6 fFAX 854-6007 02010 by Urban Engineering DocT —n310034604 Pug- s 09/1=/2010 12=44Pi'{ Official Records of NUECES COUNTY i 4 DIANA T. BARRERA COUNTY CLERK Fees 343.0J Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex: Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me: and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrern. �' 13,mo City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408