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
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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
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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
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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
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COUNTY CLERK �,��,ZO6,�o
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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
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City of Corpus Christi
Development Services/
Special Services
2406 Leopard,Suite 100
Corpus Christi,TX 78408