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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