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Home My WebLink About026767 ORD - 05/09/2006AN ORDINANCE ABANDONING AND VACATING A 1,870- SQUARE FOOT PORTION OF 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1 AND 2 AND LOTS 23 AND 24, BLOCK 4, LEXINGTON ESTATES; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a ' ,870- square foot portion of the 10 -foot wide utility easement out of Lots 1 and 2 and 23 and 24. Block 4, Lexington Estates. that Ed Hicks Nissan, LTD, is requesting to have abandoned and vacated as a utility easement to allow for the redevelopment of the site and future construction of a new building and pavement area for a pre -owned vehicle lot; 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 10 -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 1,870- square foot portion of the 10 -foot wide utility easement out of Lots 1 and 2 and 23 and 24 Block 4, Lexington Estates, is abandoned and vacated for public use as a utility easement (described on attachment hereto), subject to Ed Hicks Nissan. LTD's, compliance with the following specified conditions as part of the abandonment and vacation: That payment of fair market value for the easement closure is waived, because Owner will be dedicating a utility easement of greater value to off -set the proposed abandonment and vacation of the easement. 2) Water Department has an existing waterline that will be relocated by the Water Department at owner's expense. Owner is to provide all actual labor cost and materials for the work to be done. Estimated labor cost is an approximate cost of $3,700 and will take the Water Department approximately 20 .5 man hours to do the work. Water Department is to install a water meter either in the 15' wide utility easement to be dedicated by Owner or with in the Cosner Street public right -of -way, or the South Padre Island Drive right -of -way, if required. Owner is to provide all required materials for the work to be done as follows: 300LF - 6" C900PVC Pipe 1 ea - 6" MJ Gate Valve 2 ea - 6" MJ 90 deg. Bend 1 ea - 6'" x 4" MJ Reducer 6 ea. - MJ Locking Ring Kits. i1:Leg /gary s'agenda'2006 05- )91Lexington Estates easement abandon if ' ;7f ;7 Wastewater Department has an existing sanitary sewer line and manhole that will remain in place in the portion of easement to be closed, but will become private and maintained by Owner. 4) A new sanitary manhole will be constructed within the dedicated easement right -of -way, at Owner's expense. AEP will seek reimbursement if adjustments to its facilities become necessary 6) 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. Owner must comply with 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 9th day of May, 2006. ATTEST Armando Chapa City Secretary APPROVED: May 4, 2006. Gary W. Smith Assistant City Attorney For City Attorney THE CI OF CORPUS CHRISTI H ' my Garre Mayor. City of Corpus Christi (t: Leg /gary vs agenda. /2006'05 -09, Lexington F:states easement abandon Corpus Christi, Texas day of TO THE MEMBERS Corpus Christi, Texas , 2006 F THE CITY COUNCIL 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, Council Members Respectfully. Henry Garre Mayor, City of Corpus Christi 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:L.eg /garyws/ agenda /2(106,05 -09 /Lexington Estates easement abandon 7:7 L _ )3s:Y/__ 7- -7- /7— 7— 7— 7— 7:— 'S61"30.00 E 148.00',/ • / 15 Utility Eeser,e,..t / /1/ N6130'00'101 148.00' 7 t' -\ EASEMENT TO BE c S61-3000 E i e "c DEDICATED 1000 c c c , AREA- 2,220 SO. FT. L jet_ C P(; . • N T LU Pint of Beginning / • 2 /1 5. DO' 5.00* NEL 1'30' 'W SOUTH P _DR 1- - • 0- Co o -- 0 0.) c 0 0 .175 CNI cn 0 w ru) z 0 Sn J9 (S.H. 358) EASEMENT CLOSURE Se DEDICATION BLOCK 4, LEXINGTON ESTATES EXHIBIT C Preporsa toc Job No: 05078 Boss & Welsh Engineering ED H CKS FAMILY PROPERTIES Scale: 1"= 30' 3054 So. Alomedo St. Dote: 4-06-06 Corpus Christi, Tx. 78404 Drawing No: UE 361) 882-5521 (phone) (361) B82 -1265 (fox) Plotscale: Sheet 2 of 2 } r - - HAK F COSNER BROUGHTON MORAVIAN z 0 cr c., ,- Et •c, KOS1ONYZ HAKEL ri';:,.H -. .p. .6 I, r COSNER MORAVIAN KOSAREK MOKRY ••■■-'" r 00", dis• CARROLL LANE ------ 358 ---'' OHAN NA SOUTH PADRE ISLAND DR. cr L.L., z u) 0 (..) HERITAGE BRU BE LOCATION MAP %EASEMENT CLOSURE & DEDICATION p„.,„redb, BLOCK 4, LEXINGTON ESTATES Sass & Welsh Engineering 3054 So. Alomedo St Corpus Christi, Tx. 78404 (361) 882-552 (phone) (361) 882-1265 (fax) ED HICKS FAMILY PROPERTIES EXHIBIT C Job No: 05078 Scale: 1=30' Dote: 4-06-06 Drowinc No: UE-2 Plotscak:: 1=1 Sheet 1 of 2 Dec# 2007021622 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. 026767 passed and approved by Corpus Christi City Council on May 9, 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 12th day of May, 2006. ' 1 4 Armando Chapa City Secretary Corpus Christi, Texas (SEAL) Doc* 2007021622 $ Panes 9 84/27/2887 8:50AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 STATE OF TEXAS COUNTY OF NIECES I hereby certify that this instrument was FILED in file number sequence on the date and at the tine stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Ofoki") 61/141/14.---') DIANA T. BARERRA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Relinion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. �S (14411:4 1-__ 1)-1/U 4- 5taô ?p , ' = 9277