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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 r LINE 0 50 100 150 200 LEGEND • 1/2" 1 /2" IRON RON ROD FOUND (UNLESS NOTED) ROD SET (L1 LIME TABLE q 44 AB "'N, `Cr , £NGTH 00 97 72' P.O.B.- PORTION OF 5' U ., TO BE ABANDONED 0.011 ACRES (489 SO FT) 2 U E — 'S ''57 / / / / / Bury+Partners ENGINEERING SOLUTIONS 922 Isom Rao& Suite 100 San Antonio, SX 70218 Tel. (210)5754090 Fax (210)525 -0529 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 f 4; ,,(ZI I Docs 2006052948 Panes 6 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. ow og y U N m W U d o i Ntn nfn 12 7 d aC(A� N U ° QJ � 6� NU