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HomeMy WebLinkAbout026891 ORD - 07/25/2006AN ORDINANCE ABANDONING AND VACATING A 823.50- SQUARE FOOT PORTION OF 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 2A, BLOCK 8, MATT DUNN SUBDIVISION, LOCATED JUST SOUTHEAST OF AND ADJACENT TO THE OCEAN DRIVE STREET RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Mr. and Mrs. Thomas Herrlich, requested the abandonment and vacation of the property as a utility easement to allow the future construction of a new residential structure and allow the owners to meet the required side yard setbacks on the 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 823.50- square foot portion of the 10 -foot easement is abandoned and vacated out of Lot 2A, Block 8, Matt Dunn Subdivision, the plat thereof is recorded in Vol. 60, Page 95 of the Map Records of Nueces County, Texas, located just southeast of and adjacent to the Ocean Drive street right -of -way, for public use as a utility easement (described on attachment hereto), subject to Mr. and Mrs. Thomas Herrlich's compliance with the following specified conditions as part of the abandonment and vacation: 1) Owner shall pay the fair market value of $4,890.00 for the abandonment and vacation of the 823.50- square foot portion of the 10 -foot wide utility easement 2) 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. 3) 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 H :Leg /garyws agenda 2006'07- 25 /MattDunnSubd easement abandon � X991 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: A-,„„re Armando Chapa City Secretary APPROVED: July 19, 2006. Gay W: Smith Assistant City Attorney For City Attorney CITY 0 CORPUS CHRISTI 4v141iA-du `11. L� He ry Garr tt Mayor, Cit of Corpus Christi H: Leg /garvws agenda /2006!07 - 5 /MattDunnSubd easement abandon Corpus Christi, Texas S' day of TO THE MEMBERS 0 Corpus Christi, Texas , 2006 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, Respectfully, He ry Garre Mayor, City 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:L,eg'garyws: agenda /2006 07- 25 /MattDunnSubd easement abandon O6891 1 Doc# 2006041853 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. 026891 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 (SEAL)`. �.,. [lace 2006041853 # Pages 7 08/15/2006 9:111-.M Official Records of • NUECES COUNTY DIANA T. BARRERR FPUNTY CLERK Fees $35.00 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was ,-[LED in file number sequence on the date anc tne time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas eft Dianna T. 9arrera ACES COUNTY, TEXAS Any provision herein which restricts the Saa, en.ai or use of the aescribed REAL PROPERTY because Color, Religion, Sex, Handicap, Familial Status, cr Nat lona, Orioin is invalid and unenforceable under FEDERAL LAW, 3/12/69 0 CO —N O a N t0 N w O L'— n C.) Zi 201- d D._ acv m m - Uamnt n° °U °° O ) >='mac 3