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Home My WebLink About026707 ORD - 03/28/2006AN ORDINANCE ABANDONING AND VACATING A 290 - SQUARE FOOT PORTION OF 15 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 18, BLOCK 2, SOUTH FORK UNIT 5; LOCATED AT 3202 QUAIL CREEK DRIVE, APPROXIMATELY 365 FEET SOUTHWEST OF THE DOVE HOLLOW DRIVE AND QUAIL CREEK DRIVE INTERSECTION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 290 - square foot portion of the 15 -foot wide utility easement out of Lot 18. Block 2, South Fork Unit 5. plat recorded in Volume 64, Pages 202 -204, Map Records of Nueces County, Texas, located at 3202 Quail Creek Drive, approximately 365 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection, that the owner. 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 290- square foot portion of the 15 -foot wide utility easement out of Lot 18, Block 2, South Fork Unit 5, plat recorded in Volume 64, Pages 202 -204, Map Records of Nueces County, Texas, located at 3202 Quail Creek Drive, approximately 365 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection, is abandoned and vacated for public use as a utility easement (described on attachment hereto). subject to Ata 0. Azali, Inc.'s, compliance with the following specified conditions as part of the abandonment and vacation: 1) That payment of fair market value for the easement closure be waived, because Owner dedicated the portion of easement being abandoned, according to Texas Local Government Code, Sec. 272.001(b). 2) 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 ({:Leg: garvA', s,agendal2006 03- _'8 /SouthFork l 8 easement abandon 02fi'1 !� i replace the existing utilities and any future utility installations within the easement 4't 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. 5) TimeWarner had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 6) Owner must comply with the specified conditions of the ordinance prior to occupancy of the house 7) 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 28th day of March, 2006. ATTEST' Armando Chapa City Secretary APPROVED: March 22. 2006. Gary W. Smith Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI .oa Ali L� r Henry Garr Mayor, City of Corpus Christi Leg /garvws agenda /2006 03- 28 /SouthFork 18 easement abandon Corpus Christi. Texas (Aktday of )464A-cl'..- , 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 Garrett 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 H.Leglgaryws-' agenda, 2006 03- '8 /SouthForkI8 easement abandon 0267x)7 IM<,61W M SITE QUAIL CREEK DRIVE rso (50.0' R.O. W ) N28 °57''54'E 58.00' P.O.C. 405.71' dr90G0oo- R- 10.00' T.10.00' .00'oo-w 25.0' ti S 20' Y.R. LOT 18 tz EXISTING 15' U.E PROPOSED 5.0' EASEMENT CLOSURE 58.00' 529°00'24W —~ b P.O.B. EXHIBIT A PROPOSED EASEMENT CLOSURE EXHIBIT A OF A PORTION OF LOT 18, BLOCK 2 SOUTH FORK UNIT 5 SC MEDINA CONSULTANTS 2434 SACKY DR. CORPUS CHRISTI, TX. 78415 P1L / 71t- 114-400 FAX / 311- 114-4751 Doc# 20060253 37 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. 026707 passed and approved by Corpus Christi City Council on March 28, 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 31st day of March, 2006. 4 01 Armando Chap. 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 &4444 4 V 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 3/12189 „c"csxocoaev c_n o —I X.T7.7 ilo a) A/ rZ3,/1 fru CID Cr, lel mXaa=ro <o CPI a incn m RI !, trl GJ coe f at CI ct 2:7 �� ;� CANS - 3e.,,t7