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HomeMy WebLinkAbout027034 ORD - 10/31/2006Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,350- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 8 -9, BLOCK 2, KOOLSIDE ADDITION, LOCATED ADJACENT TO AND JUST NORTH OF THE MCARDLE ROAD RIGHT -OF -WAY, BETWEEN DORTHY DRIVE AND LUM AVENUE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there 9s a 1 350- square foot portion of a 10 -foot wide utility easement out of Lots 8 -9. Block 2 Koolside Addition that the City of Corpus Christi is requesting to have abandoned and vacated as a utility easement to correct the alignment of the existing property line between Lots 8 -9 and to allow for the future construction and a building over said easement: and VVHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the existing utility easement for future construction 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 1,350- square foot portion of a 10 -foot wide utility easement out of Lots 8 -9. Block 2 Koolside Addition. plat thereof recorded in Volume 13, Pages 32 -33, of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as a utility easement (described on attachment hereto), subject to compliance with the following specified conditions as part of the abandonment and vacation: 1) That payment of the fair market value be waived since the City is initiating the abandonment and vacation of the 1 350- square foot portion of a 10 -foot wide utility easement and Owner dedicating a utility easement to off-set the proposed abandonment and vacation of the easement. 2) 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. 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 :A LEG f? IR \Jeanne\GaryvvOR: :- KooisideAdan oc INDEXED Page 2 of :3 regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 31st day of October. 2006. ATTEST: Armando Chapa City Secretary APPROVED: October 25, 2006. wA lA Gary . Smith Assistant City Attorney For City Attorney H:\ LEG- DIR \Jeannie\Gary \ORD KoolsideAddn doc CITY 07 CORPUS CHRISTI er ry Garr tt Mayor. Cit of Corpus Christi Page 3 of 3 Corpus Christi, Texas 3.1S11- 1 _.—. 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, Council Members Respectfully.. Almost- Henry Garre Mayor, City of 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 H \LEG- DIR \+Jeannie\Gary1ORD KoolsideAddn.doc .j�lfe+l r 07 27 LO 28 (E.60') LOT LO z CS 60° 40 00"F 70.001 LOT 29 r U.E. ( W. 1 L,") LOT 3 .0 — / s. (E.60') 1"1-1 LOT 9 CD /i o -r I 0 / Z / r'r t' 7, k I EASEMENT CLOSURE Th.s property ies wohn Zone C acrording lo FIRM 85 , which Is not the the 100 year flood Plane. EXHIBIT C (N 60° 40' 00"W 70.00'] McARDLE ROAD (60' R.O.W.) L 5' U.E (W ID') LOT 8 ES 29° 20' 00 "W (E.60') LOT 8 — PROPOSED U.E. TO BE DEDICATED ON REPLAT. L 31:r B.L VICINITY MAP DATE: 10/25/06 REVISION: CREW: RS DL OFI9CE: RV & RA GF JOB #: 068680 SHtET 1 OF 2 SCALE 1" = 20' (1,350 S.F.) of a 10 Foot Utility Easement within Lots 8 & 9, Block 2 Koolside Addition V. 13, P.32-33, (MRNCT), Corpus Christi, Nueces County, Texas. VOSS 1@U11EERfJ EgO dafb Web MMUS* 11014 MIMI/ 4116%, 911017094 Ma" MOM N01013 11411016 flaginieftle MIVIONG1104004 • " Doc* `OsZ7IZIEIZ1545 • CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance 027034 passed and approved by Corpus Christi City Council on October 31, 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 the 10th day of November, 2006. Lf� Mary Ju z Assistant City Secretary Corpus Christi, Texas (SEAL) • 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 ■e, and was duly RECORDED in the Official Public Records of Nueces County, Te xas (4 01 j ) DIANA T BARRERA NUECES COUNTY, TEXAS Doc* 21:60702'545 * Pages 7 04/20/2007 10:49AM Official Records of NUECES COUNTY DMA T. BARRERA COUNTY CLERK City of Corpus Christi Fees $39.00 P. 0. Box 9277 Department of Engineering Service Any provision herein which restricts the PROPERTY & LAND ACQUISITION DIV. ale, Rental or use of the described REAL PROPERTY because ci Corpus Christi, Texas 78469-9277 Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89.