HomeMy WebLinkAbout026979 ORD - 09/12/2006AN ORDINANCE
ABANDONING AND VACATING A 1,535- SQUARE FOOT PORTION OF
10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, ALAMEDA
CENTER UNIT 3, LOCATED SOUTHWEST OF THE ROBERT DRIVE
AND S. ALAMEDA DRIVE STREET RIGHTS -OF -WAY; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, HEB Inc., requested the abandonment and vacation of the property as a
utility easement to provide for the construction of a drive - through addition to the existing
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 ,535- square foot portion of the 10 -foot easement is abandoned
and vacated out of Lot 1, Alameda Center Unit 3, the plat thereof is recorded in Vol. 49,
Pages 157 of the Map Records of Nueces County, Texas, located southwest of the
Robert Drive and S Alameda Drive street rights -of -way, for public use as a utility
easement (described on attachment hereto), subject to HEB's compliance with the
following specified conditions as part of the abandonment and vacation:
Owner's payment of the fair market value for the abandonment and
vacation 1 the 1,535- square foot portion of the 10 -foot wide utility
easement will be waived because Owner will be dedicating a utility
easement of greater value to off-set the proposed abandonment and
vacation of the 10 -foot wide utility easement.
Gas Department has an existing 2 -inch gas line that will have to be
relocated or abandoned in place at Owner's expense.
AEP has an existing overhead distribution line that will have to be
relocated at Owner's expense.
4) Grande Communications has some facilities that will have to be relocated
at Owner's expense.
5) TimeWarner has some facilities that will have to be relocated at Owner's
expense.
SBC had no objections but will seek reimbursement if adjustments to their
facilities become necessary.
H:Legi`gar v .� !agenda, 2006 '0,) k 2 'HEB :AIarned<i Center e;lsement abandon
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. 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
8 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 12'' day of September, 2006.
ATTEST: CITY 0 CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 7, 2006.
Gat)/ W Smith
Assistant City Attorney
For City Attorney
enry Garr
Mayor, Cit of Corpus Christi
N: Legrgarvws agenda i2006 /09 -2 /HEB Alameda Center easement abandon
Corpus Christexas
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
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,
e'ry Garr -tt
Mayor, City of 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:Leg /gar_yws /agenda/2006/09- 12 /HEB Alameda Center easement abandon
? ;979
0 50 100 150 200
1" =100'
LEGEND
• 1/2"
0 /2"
IRON ROD FOUND (UNLESS NOTED)
IRON ROD SET
u ABANCCN`s
3 Y C, OH-
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3 PC
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4.0,
P.O.B.`
PORTION OF 10' U.E.
TO BE ABANDONED
0.035 ACRES
(1,535 SQ FT )
LINE TABLE
LINE T BEARING
LENGTH
LI
1'58'20 "E
153.54
L2
' 8'01'40"W
10.00
L3
F, 1'58'20 "W
153.54'
L4
8'01'40 "E
10.00
ICl 49, PC 157 /
1:0 Burk +partners
E N G I N E E R I N G S O L U T I O N S
922 Isom Rod, Suite 100
San Antonio. TX 71216
Tel. (2I0)515.9090 Fax (210)525 -0529
Bury+Partno•—SA. Inc. •Copyrilhl 2006
SKETCH TO ACCOMPANY DESCRIPTION OF
OF A 0 035 ACRE TRACT OF LAND SITUATED IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, BEING A PORTION OF LOT 1, ALAMEDA
CENTER UNIT 3, A SUBDIVISION OF RECORD IN
VOLUME 49, PAGE 157 OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS
DRAWN BY MT".
H.E. BUTT GROCERY
COMPANY
CORPUS CHRISTI #6
H: \50001 \356 \50001- 356ex3.DWGIFN NO 50001 -356 -3
I PROJECT No. -50001 -356
Doc* 2006052947
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. 026979 passed and
approved by Corpus Christi City Council on September 12, 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 15th day of September, 2006.
Ca/
Armando Chapa
City Secretary
Corpus Christi, Texas
(S E A I_}
Doc* 2006 052947
# Pages o
iJf12/2886 2:49PM
Official records of
NUELES COUNTY
DIANA T. BARRERA
COUNTY' CLERK
Fees $35.00
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was TILED
in file number sequence on the oate and at the
time stamina Herein by ■e, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
(..,,AA:,„,j) z
DIANA T. BARERRA
NUECES COUNTY, TEXAS
Any provision herein wnich restricts the Sale, F.
ental or use
of the described REAL PROPERTY because of Race,
Color,
Religion, Sex, Handicap, Familial Status, or at
ional Origin
is invalid and unenforceable unser FEDERAL Liar,
3/12/89.
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