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HomeMy WebLinkAbout026693 ORD - 03/21/2006AN ORDINANCE ABANDONING AND VACATING A 330 - SQUARE FOOT PORTION OF 5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT D, GARDENDALE GIN TRACT; LOCATED APPROXIMATELY 168 FEET WEST OF SOUTH STAPLES STREET RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 330- square foot portion of the 5 -foot wide utility easement out of Lot D, Gardendale Gin Tract, located approximately 168 feet west of South Staples Street right -of -way, that Ben Car Hill, Inc., is requesting to have abandoned and vacated as a utility easement to cure a building encroachment; 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 5 -foot utility easement for utility 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 330- square foot portion of the 5 -foot wide utility easement out of Lot D, Gardendale Gin Tract, plat thereof recorded at Volume 23, Page 73, of the Map Records of Nueces County, Texas, located approximately 168 feet west of South Staples Street right -of -way, is abandoned and vacated for public use as a utility easement (described on attachment hereto). subject to Ben Car Hill, Inc.'s, compliance with the following specified conditions as part of the abandonment and vacation: ?) That the Owner pay the fair market value of $610.00 for the abandonment and vacation of the total 330 - square foot portion of the 5 -foot wide utility easement, 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) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the 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 N Leg,''garvwrs. agenda :2006 03- 1/Gardendale easement abandon survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 21st day of March, 2006. ATTEST: Armando Chapa City Secretary APPROVED: March 16, 2006. GaryU: `�v . Smith Assistant City Attorney For City Attorney H: Leg, gar vn,s- agenda 200n 03 THE CITY • F CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi 1 %Gardendale easement abandon Corpus Christi, Texas ftS4-day of fl'lk , 2006 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, Henry Garre Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney V John Marez Jerry Garcia 6 William Kelly �) 0 Rex A. Kinnison Ire Melody Cooper Jesse Noyola Mark Scott 11:Leg. gary'A s agenda'200F 03 21 Gardendale easement abandon n 93 Doe# 2006020045 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 No. 026693 passed and approved by Corpus Christi City Council on March 21, 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 28th day of March, 2006. ' II Armando Chapa City Secretary Corpus Christi, Texas (SEAL) 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,is the Official Public Reco ds of Nueces County,Texas (SO\ COUNTY CLERK ' NUECES COUNTY,TEXAS Any provision herein which restricts the Sale,Rental or use of me described REAL PROPERTY because of Race,Color, Religion,Sex,Handicap,Familial Status or National Origin,is Invalid and unenforceable under FEDERAL LAW, 3,/12189 c-)azomat0 -w.a• o m cvrri a. in x cn a •rum at v.-� .••te• m w -+ m ru ru cnc�• o•-• 1m csomxvzro 7tm-<o n., a 'n v N 94,1. 1 1 r r (� eff 61.4, (ir< (0-19 - - Sev, © , -c ql �) �T��s �1S`�69 ( ifkt3J'w[ 5 �