HomeMy WebLinkAbout026694 ORD - 03/21/2006AN ORDINANCE
ABANDONING AND VACATING A 325 - SQUARE FOOT PORTION OF
15 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 13, BLOCK 1,
QUEEN'S CROSSING UNIT 1; LOCATED AT 6550 PICANTE STREET,
APPROXIMATELY 75 FEET WEST OF THE SALSA DRIVE AND
PICANTE STREET INTERSECTION; SUBJECT TO COMPLIANCE
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 325- square foot portion of the 15 -foot wide utility easement out of
Lot 13. Block 1, Queen's Crossing Unit 1, located at 6550 Picante Street, approximately
75 feet west of the Salsa Drive and Picante Street intersection, that Ata O. Azali, 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 15 -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 325 - square foot portion of the 15 -foot wide utility easement out of
Lot 13, Block 1, Queen's Crossing Unit 1, according to the map or plat thereof recorded
in Volume 64, Pages 135 -137, of the Map Records of Nueces County, Texas, located at
6550 Picante Street. approximately 75 feet west of the Salsa Drive and Picante Street
intersection, is abandoned and vacated for public use as a utility easement (described
on attachment hereto), subject to Ata O. Azali, Inc.'s, compliance with the following
specified conditions as part of the abandonment and vacation:
That payment of fair market value for the easement closure is waived,
because Owner dedicated the portion of easement being abandoned,
according to Texas Local Government Code 272.001 (b).
A Hold Harmless Agreement and Covenant is required by the City due to
the encroachment of the utility easement and the future maintenance of
any existing public utilities in the easement, and any future public utility
installations within the easement. Owner must comply with all of the
conditions as set forth in the Hold Harmless Agreement and Covenant.
3) Maintain the area between the existing house structure and the remaining
10 -foot utility easement free of any permanent structures that could
prohibit access and maneuverability over the easement area to maintain,
repair, or replace the existing utilities and any future utility installations
within the easement.
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Owner is required to allow access to the existing public utilities within the
utility easement at all times without cost to the City or any of the public
utility companies for restoration of any surface improvements and
landscaping.
Owner must comply with the specified conditions of the Ordinance prior to
occupancy of the house
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
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.
42,t,(1 W. Smith
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Hen Garrett
Mayor, City of Corpus Christi
if Leg /garms %agendai2006 03 -21 %Queen's Crossing easement abandon
Corpus Christi. Texas
day of ,4i--4 - , 200E
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.
He ' Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
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vv'
agenda '2006 03- ` I /Queen ossing easement abandon
floc## 2006025339
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. 026694 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.
Armando Chapal
City Secretary
Corpus Christi, Texas
11 4
(SEAL)
,TATE 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
COUNTY CLERK
NUECES COUNTY,TEXAS
Any provision herein which restricts the Sale,Rental or use
of the described REAL PROPERTY because of Race,Color,
Religion,Sex,Handicap,Familial Status or National Origin.is
Invalid and unenforceable under FEDERAL LAW. 3112/89
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