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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 • • f �. 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