HomeMy WebLinkAbout026980 ORD - 09/12/2006AN ORDINANCE
ABANDONING AND VACATING A 489 - SQUARE FOOT PORTION OF
5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 7A, BLOCK 2, AND
LOTS 7C -7F, BLOCK 2, ALAMEDA ESTATES, LOCATED SOUTHEAST
OF AND ADJACENT TO THE ROBERT DRIVE STREET RIGHT -OF-
WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, HELD 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 tc abandon and vacate said portion of the 5 -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 489- square foot portion of the 5 -foot easement is abandoned and
vacated out of Lot 7A Block 2, and Lots 7C -7F. Block 2. Alameda Estates, the plat
thereof is recorded in Vol. 23, Page 52 of the Map Records of Nueces County, Texas,
located southeast of and adjacent to the Robert Drive street right -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:
Owners ;payment of the fair market value for the abandonment and
vacation of the 489- square foot portion of the 5 -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 5-
foot wide itility easement.
Gas Department has an existing 2 -inch gas line that will have to be
relocated Dr abandoned in place at Owner's expense.
AEP has an existing overhead distribution line that will have to be
relocated at Owners expense.
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
As'agenda "'(r06 09 - 2'H 1 t3 -, lame, I states e,sennent abandon
SBC had no objections . but will seek reimbursement if adjustments to their
facilities become necessary.
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 )f 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 lays 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 12tr day of September, 2006.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 7, 2006.
ary V'V Smith
Assistant City Attorney
For City Attorney
th..
CITY OF CORPUS CHRISTI
Henry Ga ett
Mayor. CI y of Corpus Christi
>1:1 eg ;gar, vas agenda 006i0q- I - "HFR Alameda 1 ates easement abandon
Corpus Christi, Texas
day of i j' 2006
TO THE MEMB RS 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..
H n Garre
Mayor, City f Corpus Christi
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
1 Leg gar' w agenda 2006;09 -1 'HER Aldrneda 1 'fates eas,°meni abandon
(4 SO
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0 50 100 150 200
LEGEND
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IRON
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ROD FOUND (UNLESS NOTED)
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97 72'
P.O.B.-
PORTION OF 5' U .,
TO BE ABANDONED
0.011 ACRES
(489 SO FT)
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Bury+Partners
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922 Isom Rao& Suite 100
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Bury+Partnese■SA, Inc. eCoP9right 2006
DRAWN BY MTH
SKETCH TO ACCOMPANY DESCRIPTION OF
OF A 0.311 ACRE TRACT OF LAND SITUATED IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, BEING A PORTION OF LOT 7E AND 7F,
ALAMEDA ESTATES. A SUBDIVISION OF RECORD IN
VOLUME 23, PAGE 52 OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS
H.E. BUTT GROCERY
COMPANY
CORPUS CHRISTI #6
H: \50001\356 \5000I-356ex2 DWG
FN NO. 50001- -356 -2 I PROJECT No.- 50001 -356
Doc* 2006052946
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. 026980 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.
4/
i
Armando Chapa
City Secretary
` . ' i� , .r. Corpus Christi, Texas
.0 .-? is
(SEAL)
X10 v,1
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I
Docs 2006052948
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i8/12/2886 2:49PM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.88
STATE OF TEXAS
COUNTY OF wUEGES
I hereby certify that this instrument was FILED
in file number sequence on the bate and at the
time stamped herein by me, and was duly RtCORDEii
in the Official Public Records of
Nueces County, Texas
t p.
DIANA T. BARERRA
NdECES COUNTY, TEXAS
Any provision herein which restricts the 5a. -
entai or use
of the described REAL PROPERTY because of ra
Color.
Religion, Sex, Handicap, Familial Status,
ional Origin
is invalid and unenforceable under FEDERA_
3/12/89.
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