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Home My WebLink About024615 ORD - 10/09/2001AN ORDINANCE DEDICATING A TEN (10') FOOT WIDE DRAINAGE EASEMENT, THROUGH CERTAIN PARK LAND OUT OF LOT 25 BLOCK 1, PENN PLACE SUBDIVISION; WITH SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a need for a ten (10') foot wide drainage easement, through certain park land out of Lot 25 Block 1, Penn Place Subdivision, recorded in Volume 59 Page 14, Map Records Nueces County, Texas; and WHEREAS, a public hearing was held on Tuesday, October 9, 2001, during a meeting of the City Council, in the City 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, as a result of the public hearing, it has been determined that there is no feasible or prudent alternate use of the land and all reasonable planning efforts have been made to minimize harm to the park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the ten (10') foot wide drainage easement, through certain park land out of Lot 25, Block 1, Penn Place Subdivision, recorded in Volume 59 Page 14, Map Records Nueces County, Texas, is hereby dedicated for the benefit of the public. A copy of the map and legal description is attached and incorporated by reference. After the elapse of a one-year warranty period after acceptance of the public improvements, the City will be responsible for the operation, maintenance, and repair of the storm water line. Staff has estimated the fair market value of the 4,865 square foot drainage easement at $1,187.50. However, this fee is proposed to be waived in consideration of subdivision park accessibility improvements being provided by the developer. Specifically, a combination parkland/drainage easement of 950 square feet, which includes a 10-foot wide concrete sidewalk, is being provided between lots of the subdivision to access the park. The estimated value of the improvements is $4,187.50. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of October, 2001. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Sramuel L. Ne~, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney BY: Joseph~arney /~ Assistant City Attorney ,2001 Corpus Christi, Texas (~-{¢'Xday of C)(~C T5~4~ ,2001 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott LO?S 1.2.5, & 6, SEC~ON. 11 BOHEMIAN COLONY LANDS FRANCES SNYDER TRUST C/O BRYAN HOLMES VOL. A, PG. 48 M.R.N.C.T. PROPOSED DEVE£OPE~£NT RO~A£ COURT SUBDI~SION OUT OF ~OHEM~N COLONY LANDS LOT 5, SEONON 11 VOL A, PG 48 P~OPOSED PARK AND EASEMENT EXISi?NG lO' UTIUTY EASEMENT VOL $9, PG 1,I PENN PLACE SUBDI~SIQN VOL. 59, P~ 14 EXIS17NG - EXISTING 7.5" U.E.. POINT ~E~INNIN~ Y.R. · U.E. PROPOSED 5' U.E, ~'~"~'-- EXISRNG 10° URUTY EASEMENT VOL. 59, PG' 14 P~SED 10' DP~IN~GE 6a, EEMENT PENN PLACE SUBDIWS/ON PARK LOT 25, BLOCK VOL. 59, PG 14 100 50 0 50 100 200 UT/LI~ EASEMENT EXHIB/T MEDINA ENGINEERING & SURVEYING ROYAL COURT ~ST SIDE 10' DRAI~GE EASEMENT Legal Description A tract for a ten (10') foot wide drainage easement out of lot 25 Block 1, Penn Place Subdivision, recorded in Volume 59, Page 14, Map Records Nueces County, Texas: COMMENCING at a 5/8 inch iron rod found for the Southeast comer of Lot 24, Block 1, Penn Place Subdivision also being the South west comer of Lot 25, Block 1, Penn Place Subdivision. THENCE South 61 degrees 32 minutes 00 seconds East along the North R.O.W. Line of Aaron Drive, for a distance of Ten (10.0) feet to a point on the North right-of-way line of Aaron Drive. THENCE North 28 degrees 28 minutes 00 seconds East across existing Twenty (20.0) foot yard requirement and utility easement on Lot 25, Block 1, Penn Place Subdivision for a distance of Ten (20.0) feet to a point for the Southwest comer of said Ten (10.0) foot drainage easement and point of beginning of said tract. THENCE North 28 degrees 28 minutes 00 seconds East along the East line of an existing Ten (10.0) foot utility easement for a distance of Four-hundred eighty-six and five tenth (486.5) feet to a point for the Northwest comer of said tract; THENCE South 61 degrees 32 minutes 00 seconds East, along the North line of said tract for a distance of Ten (10.0) feet, to a point for the Northeast comer of said tract. THENCE South 28 degrees 28 minutes 00 seconds West, along the East boundary of said tract for a distance of Four-hundred eighty-six and five tenth (486.5) feet, to a point on the North boundary of existing Twenty (20.0) foot yard requirement and utility easement, for the Southeast comer of said tract. THENCE North 61 degrees 32 minutes 00 seconds West along the boundary of an existing Twenty (20.0) foot yard requirement and utility easement, for a distance of Ten (10.0) feet, to the point of beginning, embracing 4,865.0 square feet (0.112 Acres), more or less. A map ~vhich is marked "Exhibit A" is attached hereto for reference only. -?