HomeMy WebLinkAbout026890 ORD - 07/25/2006AN ORDINANCE
ABANDONING AND VACATING A 1,592.68- SQUARE FOOT PORTION
OF 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 20 -23 AND
LOTS 45 -48, BLOCK 11, FLOUR BLUFF PARK, LOCATED
APPROXIMATELY 150 FEET NORTH OF THE SOUTH PADRE ISLAND
DRIVE STREET RIGHT -OF -WAY, ADJACENT TO THE FLOUR BLUFF
DRIVE STREET RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH
THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Urban Engineering, on behalf of Applied Petroleum Technologies,
requested the abandonment and vacation of the property as a utility easement to allow
for the future construction and development of a new commercial structure proposed to
be built 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 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 1,592.68- square foot portion of the 10 -foot easement is
abandoned and vacated out of Lots 20 -23 and Lots 45 -48, Block 11, Flour Bluff Park,
the plat thereof is recorded in Vol. 7, Pages 52 -53 of the Map Records of Nueces
County, Texas, located approximately 150 north of the South Padre Island Drive street
right -of -way, adjacent to the Flour Bluff Drive street right -of -way, for public use as a
utility easement (described on attachment hereto), subject to Applied Petroleum
Technologies' compliance with the following specified conditions as part of the
abandonment and vacation
1) Owner shall pay the fair market value of $4,000.00 for the abandonment
and vacation of the 1,592.68- square foot portion of the 10 -foot wide utility
easement
2) Gas Department has an existing 2" gas line that will be abandoned in
place at Owner's expense.
3) City Wastewater Department has an existing manhole and an 8" sanitary
sewer line that will be abandoned in place at Owner's expense. Owner
will be responsible for submitting construction plans and installing a new
fiberglass manhole as per Wastewater Department's approval.
AT &T and AEP have no objections, but will seek reimbursement if
adjustments to their facilities become necessary.
H: Leg /garyws /agenda,2006 /07 25 /FlourBluffPark easement abandon
,s9(1
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.
6) 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 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 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 25th day of July, 2006.
ATTEST:
Armando Chapa
City Secretary
APPROVED: July 19, 2006.
Gary W. Smith
Assistant City Attorney
For City Attorney
CITY 0 CORPUS CHRISTI
Henry Garr
Mayor, City .f Corpus Christi
1-1: Legi garyws- agendal2006:07 -'5 /FlourBluffPark easement abandon
Corpus Christi, Texas
TO THE MEMB
, 2006
S 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,
Council Members
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
Wiliam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H: Leg /garyws/ agenda /2006/07- 25/F1ourBluffPark easement abandon
'►?11990
Doc* 2006051352
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. 026890 passed and
approved by Corpus Christi City Council on July 25, 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 1st day of August, 2006.
Armando Chapa
City Secretary
Corpus Christi, Texas
A //
a\/\,, ' '.,-t'-';!,yr [•; ' j
Wp. 1
%'
r
,
i11i f I Qiilri 5.�.
-c,�►.ejG pale-1(x t 5 . -ui
'a le Lt01)C t stL - 1Oo
-r)( (] o
Doc# 2006051352
# Panes 8
10/04/2006 11:14AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $43.00
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
et)) (:',114.4.4KA) 8211)4V6
DIANA T BARRERA
NUECES COUNTY, TEXAS