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
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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,
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