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Home My WebLink About026546 ORD - 11/15/2005 AN ORDINANCE ABANDONING AND VACATING A 1,050-SQUARE FOOT PORTION OF A 5-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 16A & 16B, SEC. 11, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT (STAPLES PLAZA UNIT 1), LOCATED EAST OF SOUTH STAPLES STREET AND APPROXIMATELY 520 FEET NORTH OF TIMBERGA TE DRIVE; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, there is 1 ,050-square foot portion of a 5-foot wide utility easement out of Lots 16A & 16B, Sec. 11, Flour Bluff & Encinal Farm & Garden Tract (Staples Plaza Unit 1) as recorded in Volume 21, Page 15, Map Records Nueces County, Texas, that the Owner, wishes to have abandoned and vacated; 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 easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1, 050-square foot portion of a 5-foot wide utility easement out of Lots 16A & 16B, Sec. 11, Flour Bluff & Encinal Farm & Garden Tract (Staples Plaza Unit 1), located east of South Staples Street and approximately 520 feet north of Timbergate Drive, as recorded in Volume 21, Page 15, Map Records Nueces County, Texas, is abandoned and vacated for public use as an easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 Fair market value is waived because Owner will be dedicating a utility easement of greater value to off-set the proposed vacation and abandonment of the easement. 2 Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3 Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H LEC ,-DIR Joseph\ORD-StplesPlza-av,doc ''"''if't::AC' t., 4 )..) -~ r) 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 15th day of November, 2005. ATTEST: THE CITY OF CORPUS CHRISTI ( ., ./ )r~tf./,. ,/' Armando Chapa City Secretary HL~~ Mayor Approved l. ,', ";~~.Y v' , 2005 BY~t.. I h / Joseph arney 3 Assistant City Attorney For City Attorney H LH i-DIR doseph\ORD.StplesPlza-av.doc Corpus Christi, Texas _J~~ day of _~~ ,2005 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: WI/e, 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. R espectfu lIy, Respectfully, I~~ Henry Garre , Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett ~ Brent Chesney ~ Melody Cooper Jerry Garcia D..t4L I Bill Kelly ~ Rex A. Kinnison ~ John E. Marez ~" Jesse Noyola ~ Mark Scott H i.E( ,-DIR Joseph\ORD-StplesPlza-av.doc 02h~46 Doc# 2007022638 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 026546 passed and approved by Corpus Christi City Council on November 15, 2005 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 17th day of November, 2005. • Armando Chapa , City Secretary Corpus Christi, Texas (S E A L) S61° 00' 00" E S. 00' LL N 0 I U- 0 LOT 16-A F- (Al U w W a_ 0 o W o o U 4i- \A' Cu N F W 3 c.0 , o 0 0 2 o 0 W m N N Z Ln LOT 16-B I II N61° 00' 00" W S. 00' EXHIBIT " B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI ❑N 1' = 40' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB-UE JOB NO. 04009 SCALE: 1" = 40' PLOT SCALE: SAME PLOT DATE: 9/28/05 SHEET 1 OF 1 MURRAY BASS, JR., P.E., R.P.L.S. 3054 S. ALAMEDA NIXON M. WELSH, P.E., R.P.L.S. PH. 361 882-5521 If¢ FAX 361 882-1265 i. �2I"r E-MAIL: murrayjr@aol.com VINO IR: E-MAIL: llixmw@aol.com BASS & WELSH ENGINEERING 1A11 f-$ P.O. BOX 6397 CORPUS CHRISTI, TEXAS 78466-6397 MO ID 31012 iY1N� Q;14 air ir1sr'+IIM wit SIM 1�ttnw Wm, I 32 M w aiiIr rflit of September 28,2005 us1 vGlr �wN1, Mod 3114.1-101% t! 4009 M&B-3.doc mug nallt • tate o exas County of Nueces11111514T Description of a 1050 SF tract of land,more or less,a portion of Lots 16-A and 16-B,Section 11,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 21, Page 15, Map Records, Nueces County,Texas, said 1050 SF tract of land as further described by metes and bounds as follows; BEGINNING at the easternmost corner of said Lot 16-A for the easternmost corner the tract herein described; THENCE along the southeast boundary line of said Lot 16-A and said Lot 16-B S29°00'00"W 210.00'to a point for the southernmost corner of said Lot 16-B and southernmost corner of the tract herein described; THENCE N61°00'00"W 5.00'along the southwest boundary line of said Lot 16-B to a point for the westernmost corner of the tract herein described; THENCE N29°00'00"E 210.00'to a point in the northeast boundary line of said Lot 16-A for the northernmost corner of the tract herein described; THENCE along said northeast boundary line of Lot 16-A S61°00'00"E 5.00'to the POINT OF BEGINNING, a sketch showing said 1050 SF tract of land being attached hereto as Exhibit"B". id,— At pOfTl �%r'e ' •CO � * • • IX .WELSH. �' 614 ' O N •• " � N. n M.Welsh,R.P.L.S. � '• \�;;� 22 ;'et .ooeseta 1O ' NMW:ghf EXHIBIT"A" Page 1 of 1 • • Doc* 2007022638 * Pages 7 05/03/2007 11:29AN Official Records of NUECES COUNTY DIANA T. B RRERA COUNTY CLERK Fees $39.00 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 li;olotiic J� 7 DIANA T. BARERRA NIECES COUNTY, TEXAS Any provision herein which restricts the Sale, k ental or use of the described REAL PROPERTY because of Race, Color. Religion, Sex, Handicap, Familial Status, or Nat lanai Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. iffy Of Corpus Christi blVNopment Services, Special Services 2>*O i Leopard.Suite 100 tb►pus Christi,TX 7840