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HomeMy WebLinkAbout026919 ORD - 08/22/2006Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,575- SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, BLOCK 7, HIGHWAY VILLAGE, SECTION 1 ANNEX; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, there is a 1,575-square foot portion of a 5 -foot wide utility easement out of Lot 2, Block 7, Highway Village. Section 1 Annex, as recorded in Volume 46, page 225, Map Records, Nueces County, Texas. that the owner. City of Corpus Christi ( "Owner "), wishes to have abandoned and vacated; and WHEREAS, the closure of the easement is being requested to allow for the future construction of the new Northwest Library that will be built over said easement. The easement to be abandoned and vacated is located in Zone B -1 "Neighborhood Business District" within the city limits of Corpus Christi, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1 ,575- square foot portion of a 5 -foot wide utility easement out of Lot 2, Block 7, Highway Village. Section 1 Annex, as recorded in Volume 46, page 225, Map Records, Nueces County, Texas, be abandoned and vacated for public use as a utility easement (Exhibits). subject to the Owner's compliance with the following specified conditions as part of the abandonment and vacation: The payment for the fair market value is waived because the City is initiating the abandonment and vacation of the 1,575- square foot portion of a 5- foot wide utility easement 2) AEP had no objections but will seek reimbursement if adjustments to their facilities become necessary 3) AT &T had no objections, but will seek reimbursement if adjustments to their facilities become necessary. 4) Upon approval from Council and issuance of the Ordinance, all grants of easement closures must be recorded at 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. 5) Owner must comply with all the specified conditions of the Ordinance within 180 days of Council approval. H:1LEG -DIR\ Shared\ GaryS\ agenda12006108- 22 \HighwayVillageUtilEasement.doc f�91. 9 Page 2 of 3 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 that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of August, 2006. ATTEST: Armando Chapa City Secretary APPROVED: August 16th, 2006 B Ga W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:\LEG -DIR\ Shared \GaryS\ agenda\ 2006\ 08- 22 \HighwayVillageUtilEasement.doc Page 3 of 3 Corpus Christi, Texas Day of `" _-- - 2006 TO THE MEMBERS 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 vo'ng 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, .ii i A ... Ar . i l Henry Garre Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Marez Wiliam Kelly Jesse Noyola Rex A. Kinnison Melody Cooper Mark Scott H:1 LEG -DIR\ Shared\ GaryS\ agenda12006108- 221HighwayVillageUtilEasement .doc 1 ;� ..41;7 9 7.5 t 4 3 UI 0 f M _00,L9.08 0 8 c) 5 09'OJ'00' W 155.00' soIJ Juaweso3 4vin 3 .00,LS.08 SA O z m 7E(9.0W.VAmRD (R.0. W. VARIES) Doc/ 1997036728 0..P.R.NGT. 15.17 .4C DOC./ 9970032,5. O.PR.N,C.T. (Rec ,d 0.. -per wILLLM £ McKWNZIE JR) O CO m z z z 0 • z 0 73 1 l Location Map (Not To Scale) ii _ - 0 SCALE: 1' =20' DATE: AUG. 10, 2006 AAENGINEERING. INC. MAVERICK TEL: 361 289 1385 FAX: 361 289 0712 P.O. BOX 9094 CORPUS CHRISTI, TEXAS 78469 • Doc# 2007. 020544 - - Il 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. 026919 passed and approved by Corpus Christi City Council on August 22, 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 29th day of August, 2006. It Armando Chapa 411 .. City Secretary / s, v •, ' • Corpus Christi, Texas e ,`\ h (S E A L) ;a`, „ 4 , r. 5 ,' 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 xaas 1 DIANA T BARRERA NUECES COUNTY, TEXAS 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 City of Corpus Christi LAW. 3/12/89. P. 0. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Dock 2007020544 Corpus Christi, Texas 78469-9277 04P28i20Q+7 g 10:49AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00