HomeMy WebLinkAbout026706 ORD - 03/28/2006AN ORDINANCE
ABANDONING AND VACATING A 22,944 - SQUARE FOOT PORTION
OF 15 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, WEST PARK
ADDITION; LOCATED BETWEEN THE NORTH PADRE ISLAND DRIVE
(SH 358) PUBLIC RIGHT -OF -WAY AND THE MCBRIDE LANE PUBLIC
RIGHT -OF -WAY, NORTH OF HAMPSHIRE ROAD PUBLIC RIGHT -OF-
WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 22,944- square foot portion of the 15 -foot wide utility easement
out of Lot 2. West Park Addition, plat recorded in Volume 65, Page2 11 -12, Map
Records of Nueces County, Texas, located between the North Padre Island Drive (SH
358) public right -of -way and the McBride Lane public right -of -way, north of the
Hampshire Road public right -of -way, that The NRP Group is requesting to have
abandoned and vacated as a utility easement to allow for development of the property;
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 22,944- square foot portion of the 15 -foot wide utility easement
out of Lot 2, West Park Addition, plat recorded in Volume 65, Pages 11 -12, Map
Records of Nueces County, Texas, located between the North Padre Island Drive (SH
358) public right -of -way and the McBride Lane public right -of -way, north of the
Hampshire Road public right -of -way, is abandoned and vacated for public use as a
utility easement (described on attachment hereto), subject to The NRP Group's,
compliance with the following specified conditions as part of the abandonment and
vacation:
That payment of fair market value for the easement closure be waived,
because Owner dedicated that portion of the easement being abandoned,
according to Texas Local Government Code, Sec. 272.001(b).
2) AEP had no objections, and will seek reimbursement if adjustments to their
facilities become necessary
3) SBC had no objections, and will seek reimbursement if adjustments to their
facilities become necessary .
4) 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
i�.Leg /garvws agenda2006 03 -'8 /West Park easement abandon
0267 6
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.
5) 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 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 28th day of March, 2006.
ATTEST:
Armando Chapa
City Secretary
APPROVED: March 23. 2006.
Gary W. Smith
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
1144 — 44
H my Garre
Mayor City +f Corpus Christi
it:Legigaryw.s agendai2006.03 -'8 /West Park easement abandon
Corpus Christi, Texas
day of A. 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 o 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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