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Home My WebLink About026599 ORD - 01/10/2006AN ORDINANCE ABANDONING AND VACATING A 3,002.90- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 4, 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 3,002.90- square foot portion of a 10 -foot wide utility easement out of Lot 4, 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 3,002.90- square foot portion of a 10 -foot wide utility easement out of Lot 4, 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 $15,865.00 for the net difference (2,440.54 -sq. ft) between the abandonment and dedication of easement rights -of -way. The 2,440.54- square feet is the total net square footage between the 3,002.90- square feet of 10 -foot wide utility easement being abandoned and vacated, and the 562.36 - 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. I-I:\ LEG -DIR \ \Joseph \ORD- Shanon2- ay.doc �2 599 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: THE CITY OF CORPUS CHRISTI Armando Chapa H -nry Garre City Secretary Mayor Approved C , 2006 r By: i ! y Joseph arney Assistant City Attorney For City Attorney H:\LEG-DIR\Joseph\ORD-Shanon2-ay.doc Corpus Christi, Texas IG'` day of , 2006 TO THE MEMBER 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, Henry Garrett Mayor City of Corpus 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 H LEG- DIR'Joseph \ORD- Shanon2- ay.doc 1 Uo� : Lf ko5 117 3 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 026599 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. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) 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 61 ) COUNTY CLERK NUECES COUNTY,TEXAS a m z IT.n da M-+C Cf.UI fD fay —1 d to : P." "rr, i= 0, Any provision herein which restricts the Sale,Rental or use xri<a In of the described REAL PROPERTY because of Race,Color, r a IS Religion,Sex,Handicap,Familial Status or National Ongin,is a '" CIS fU Invalid and unenforceable under FEDERAL LAW, 3/12/89 2,R Ch) NI Ul LJ City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78406