HomeMy WebLinkAbout026708 ORD - 03/28/2006AN ORDINANCE
ABANDONING AND VACATING A 290 - SQUARE FOOT PORTION OF
15 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 19, BLOCK 2,
SOUTH FORK UNIT 5; LOCATED AT 3158 QUAIL CREEK DRIVE,
APPROXIMATELY 305 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 19. Block 2, South Fork Unit 5. plat recorded in Volume 64, Pages 202 -204, Map
Records of Nueces County, Texas. located at 3158 Quail Creek Drive, approximately
305 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 19. Block 2, South Fork Unit 5. plat recorded in Volume 64, Pages 202 -204, Map
Records of Nueces County, Texas, located at 3158 Quail Creek Drive, approximately
305 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 G. 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
i:Leg /garvv+s agenda %2006 03- '_8 /SouthFork10 easement abandon
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replace the existing utilities and any future utility installations within the
easement
4) 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
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
THE CI OF CORPUS CHRISTI
.. v/A
Armando Chapa v Henry Gar -tt
City Secretary
APPROVED: March 22. 2006.
Gary W. Smith
Assistant City Attorney
For City Attorney
Mayor, City of Corpus Christi
H:Leg /garvm s agenda /200603- ?8 /SouthFork19 easement abandon
Corpus Christi, Texas
day of 04-4\-, -, 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. 1 /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,
enry Garr tt
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
H: Leg /garvwsiagenda /2006 03- 28/Southf ork 19 easement abandon
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EXHIBIT A
PROPOSED EASEMENT CLOSURE EXHIBIT A
OF A PORTION OF
LOf 19. BLOCK 2
SOUTH FORK UNIT 5
MEDINA CONSULTANTS
2434 SACKY DR.
CORPUS CHRISTI, TX. 78415
PH. 351-414-4700
FAX 11 31-114-4757
Doc# 2006025335
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. 026708 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.
IIS
Armando Chapa
City Secretary
Corpus Christi, Texas
(SEAL)
NATE 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
\.„,„0" 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, 3/12/89
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