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HomeMy WebLinkAbout022569 ORD - 05/14/1996AN ORDINANCE CLOSING AND ABANDONING A 802.5 -SQUARE FOOT PORTION OF A 20 -FOOT WIDE UTILITY EASEMENT LOCATED WITHIN LOT 1, BLOCK 29, KING'S CROSSING UNIT 2; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT THE OWNER'S EXPENSE. WHEREAS, a house was constructed that, as permitted did not encroach onto the utility easement or the building line, but as constructed encroached 5 -feet into the utility easement and 10 - feet into the building line set back; and WHEREAS, it is important to protect the building line set back, especially along Oso Parkway where the hike and bike lane is dedicated for the benefit of all citizens of Corpus Christi and especially the homeowners in the affected subdivision; and WHEREAS, there exists a 802.5 -square foot portion of a 20 -foot wide utility easement located within Lot 1, Block 29, King's Crossing Unit 2, shown by plat recorded in Volume 52, Pages 80-81, of the Map Records of Nueces County, Texas, as depicted on the attached Exhibit A, incorporated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a 802.5 -square foot portion of a 20 -foot wide utility easement located within Lot I, Block 29, King's Crossing Unit 2, as shown by plat recorded in Volume 52, Pages 80- 81, of the Map Records of Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, subject to the following specified conditions as part of closure: 1) That Owner pay the Fair Market Value of $2,407.50 for the 802.5 -square foot portion of a 20 -foot wide utility easement. 2) That Owner sign a Declaration of Covenant legally protecting the City in the event that future maintenance on the existing underground utilities within this utility easement results in damage to the encroaching structure. 3) That Owner replat the property within 180 days at his expense; provided however, the City Engineer may extend the time limit for an additional one hundred eighty (180) days if extenuating circumstances outside the Owner's control necessitate an extension. H:\96ag5000.897.vr April 26. 1996 If ? _'.569 MiC1OFILME12 City of Corpus Christi .03/4"e APPEAL NUMBER #3068 ADDRESS 5729 Oso Parkway LEGAL DESCRIPTION Lot 1. Block 29 King's Crossing Unit 2 NOTICE On March 27, 1996 the Corpus Christi Zoning Board of Adjustment heard a request for a snancepecial excep otz nlinte atien concerning the above -referenced property. The request w. grantee d to reduce the minimum required 25 foot front yard setback to 15 feet for the existing structure only. Sincerely, se Chairman a' ` Zoning Board of Adjustment 1 Date: Ilzb-2.311.4oc That the foregoing ordinance was read for the first time and passed to its second reading on this the C Day of ft jc.; 1 19 (i ( by the following vote: Mary Rhodes (l �c Dr. Jack Best (t t \i Betty Black C( ac Melody Cooper \c Tony Heldenfels (l :,�c Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Ltv That the foregoing ordinance was rad for the second time and passed finally on this the 14 Day of , 19 UR, by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels J CCIL PASSED AND APPROVED, this the ti Day of ATTEST: City Secretary Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols MAYOR THE CITY APPROVED: Z5 DAY OF p»I , 195(0 : JAMES R. BRAY, JR., CITY ATTORNEY By: Alison Gallaway Assistant City Attorney H:\ 96ag5000.897.vr ��.' lir9 ORPUS CHRISTI April 25, 1996