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HomeMy WebLinkAbout026727 ORD - 04/11/2006AN ORDINANCE ABANDONING AND VACATING A 4,387.50- SQUARE FOOT PORTION OF 15 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 8 -10 AND LOTS 16 -18, BLOCK 191, PADRE ISLAND NO. 1 SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,387.50- square foot portion of the 15 -foot wide utility easement out of Lots 8 -10 and Lots 16 -18, Block 191, Padre Island No. 1 Subdivision, that Padre Windward, L.P., a Texas Limited Partnership, is requesting to have abandoned and vacated as a utility easement to accommodate the future develop of townhomes to be constructed over the easement 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 4,387.50- square foot portion of the 15 -foot wide utility easement out of Lots 8 -10 and Lots 16 -18, Block 191, Padre Island No. 1 Subdivision, the plat thereof is recorded in Vol. 42, Pages 4 -5 of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as a utility easement (described on attachment hereto). subject to padre Windward, L.P.'s, compliance with the following specified conditions as part of the abandonment and vacation: Owner shall pay the fair market value of $11,630.00 for the abandonment and vacation of the 4,387.50- square foot portion of the 15 -foot wide utility easement Owner shall reimburse AEP if adjustments to their facilities become necessary 1) Owner shall reimburse AT&T 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 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. I-i_Leg /garyws /'agenda u0( 04,11 iSPI easement abandon +. 7 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 11th day of April. 2006. Armando Chapa City Secretary APPROVED: April 6, 2006. Lit e Sri Gary W. Smith Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garr Mayor, City of Corpus Christi 11: Leg /garyvk s%agendai2006 04- 7 1 !SPI easement abandon Corpus Christi, Texas day of f a 1 , 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 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 1 ` Mark Scott 1-1:Leg!garvv.. %agenda-2006'04- I I SPI eaement ahandon "fi�'�'"� 1 ' Dc c_#t 2[ti06/523754 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. 026727 passed and approved by Corpus Christi City Council on April 11 , 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 18th day of April, 2006. AN-31 Armando Chapa City Secretary Corpus Christi, Texas .a v-, > (SEAL) / '7 j�. • ' 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 C . a- s� � COUNTY CLERK �,��,ZO6,�o ?'s,m,•o' NUECES COUNTY TEXASm 1-4 " rckfii MI n 55..1: .n -c cn►••r m C..J —4 a ru u+ 1 4 ern• C I-'m Any provision herein which restricts the Sale,Rental or us t r o v of the described REAL PROPERTY because of Race,Color, Religion,Sex.Handicap,Familial Status or National Origin,is -s Q Invalid and unenforceable under FEDERAL LAW, 3/12189 w m fL , , ti City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408