HomeMy WebLinkAbout026879 ORD - 07/18/2006AN ORDINANCE
AMENDING ORDINANCE 026727 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 TO CORRECT THE LEGAL
DESCRIPTION OF THE ABANDONED AND VACATED EASEMENT TO
LOTS 8 -10 AND LOTS 16 -18, BLOCK 191, PADRE ISLAND — CORPUS
CHRISTI SECTION 4; SUBJECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS: AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 026727 abandoned and vacated 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 Subdivisior in error by an incorrect property description;
WHEREAS, Padre Windward. L F a Texas Limited Partnership, requested the
abandonment and vacation of the property as a utility easement to accommodate the
future develop of townhomes to be r;onstructed ever the easement;
WHEREAS, Ordinance 026727 is amended to reflect the correct utility easement to be
vacated and abandonec as Lots 8.1(1 and Lots 16 -18.. Block 191, Padre Island— Corpus
Christi Section 4; 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 Ord nance 026727 is hereby amended to reflect 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 Islanc No. 1 Subdiv Sion is not and was not abandoned and vacated,
and that the true description of the 4.387.50- square foot portion of the 15 -foot easement
abandoned and vacated is out of Logs 8 -10 and Lots 16 -18, Block 191, Padre Island —
Corpus Christi Section 1, the plat thereof is recorded in Vol. 42, Pages 4 -5 of the Map
Records of Nueces 2oEanty. Texas. for public; use as a utility easement (described on
attachment heretc . 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
2) Owner snail reimburse AEP i± adjustments to their facilities become
necessary
-I Leg,'garva . a rncia
�1'[ ,e 11 I; �i�.iud�nt
Owner shall reimburse AT &T if adjustments to their facilities become
necessar,.
4) Upon app-oval 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 tc building permit approval of construction, an up -to -date
survey aostracted fo' all easements and items of record, must be
submitted to the Director of Development Services.
Owner must comply with all the specified conditions of the Ordinance
within 180 days or Council approval.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached. the City Cour. it finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as .•o ,onsideration and voting upon ordinances at two
regular meetings sc tha' this ordinance is passed and shall take effect upon first reading
as an emergency measure on this 1.c day of July. 2006.
ATTEST:
Armando Chapa
City Secretary
APPROVED: Juiv
ary . Smith
Assistant City Attorney
For City Attorney
H :Leg :gal vv. agenua
CITY OF C • RPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
indo 1
Corpus Christi. -xas
day of
2006
TO THE MEMBt,I4S OF THE CITE` COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency ctause 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- ride and pass this ordinance finally on the date it is introduced, or
at the present meeting rrf the City Council.
Respectfully.
Respectfully.
H - my Garre
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 :Le igarvu, ago nda )( „ " S}'I ea en .n i i radon
«ir979
Doc# 2006051351
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. 026879 passed and
approved by Corpus Christi City Council on July 18, 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 24th day of July, 2006.
rI oj ,, -
Armando Chapa •
City Secretary
Corpus Christi, Texas
fri.
T.,%`10{_x, iItir�,� x
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1
Doc# 2006051351
# Pages 5
10/04/2006 11:14AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.00
Any provision herein which restricts the S
ale, 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
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, Te
xas
DIANA T BARRERA
NUECES COUNTY, TEXAS
City of Corpus Christi
Development Services/
Special Services
2408 Leopard,Suite 100
Corpus Christi,TX 78408