HomeMy WebLinkAbout026598 ORD - 01/10/2006AN ORDINANCE
ABANDONING AND VACATING A 2,814.67- SQUARE FOOT PORTION
OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2 & 3,
BLOCK 1, SHANNON MIDDLE SCHOOL TRACT, LOCATED SOUTH
OF AND ADJACENT TO SOUTH PADRE ISLAND DRIVE (SPID) AND
EAST OF THE AIRLINE ROAD -SPID INTERSECTION; REQUIRING
THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 2,814.67- square foot portion of a 10 -foot wide utility easement
out of Lots 2 & 3, Block 1, Shannon Middle School Tract, located south of and adjacent
to South Padre Island Drive (SPID) and east of the Airline Road -SPID intersection, as
recorded in Volume 64, Page 103 -104, 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 2,814.67- square foot portion of a 10 -foot wide utility easement
out of Lots 2 & 3, Block 1, Shannon Middle School Tract, located south of and adjacent
to South Padre Island Drive (SPID) and east of the Airline Road -SPID intersection, as
recorded in Volume 64, Page 103 -104, Map Records Nueces County, Texas, is
abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation:
1) Owner is to pay a fair market value fee of $8,380.00 for the net difference
(1,396.13 -sq. ft. x $12.00 per /sq. ft. x 50% discount) between the abandonment and
dedication of easement rights -of -way. The 1,396.13- square feet is the total net square
footage between the 2,814.67- square feet of 10 -foot wide utility easement being
abandoned and vacated and the 1,418.54- square feet of easement being dedicated.
2) AEP had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
3) SBC had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
4) Existing wastewater sewer line is to be abandoned and new lines are to be
constructed, at Owner's expense.
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5) Gas Department has an existing gas line that will have to be relocated at owner's
expense.
6) Upon approval from 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 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.
7) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
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 10th day of January, 2006.
ATTEST:
Armando Chapa
City Secretary
Approved -,/
By:
Joseph Harney
Assistant City Attorney
For City Attorney
, 2006
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THE CITY OF CORPUS CHRISTI
Henry Garr
Mayor
Corpus Christi, Te
)011"` day of
TO THE MEMBERS "SF THE CI COUNCIL
Corpus Christi, Texas
, 2006
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,
Henry Garrett Mayor
City of Corpu Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
EJ \LEG -DI R \Joseph \ORD- Shanon 1- ay.doc
0,2 (17198
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 OrOiname 026598 passed and approved
by Corpus Christi City Council on January 10, 2006 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 12th day of January, 2006.
IIP
uu
Armando Chapa
City Secretary
,/Gp c-% Corpus Christi, Texas
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TATE OF TEXAS
C:''NTY Oc NUECES
I
het, Iffy that this instrument was FILED in File Number
Sequence un the date and at the time stamped herein by me,and
was duly RECORDED,in the Official Public Records of
Nueces County,Texas
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Any provision herein which restricts the Sale,Rental or use i !
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
City of Corpus Christi
Development Services)
Special Services
2406 Leopard,Suite 100
Corpus Christi,TX 74,4045