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Home My WebLink About027035 ORD - 10/31/2006Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,057- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK A, LEAR ANNEX, LOCATED AT THE NORTHWEST CORNER OF THE HOLLY ROAD AND KOSTORYZ ROAD INTERSECTION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Gene Clancy, SSP representative, on behalf of Dar -Ken, LLC, (Owner), is requesting the abandonment and vacation of a 4.5 -foot width (1,057- square foot) portion of a 10 -foot wide utility easement out of Lot 1, Block A, Lear Annex, located at the Northwest corner of the Holly Road and Kostoryz Road intersection in order to correct an encroachment into the easement by an existing commercial structure. The easement to be abandoned and vacated is located in a "B -4" General Business District (attached Exhibit) and WHEREAS, the existing commercial building on -grade foundation has a minimum 4 -foot encroachment into the 10 -foot wide utility easement. Owner will be required to sign a Hold Harmless Agreement releasing the City of any liability from damage to the existing house resulting from the maintenance to the existing public utilities or the installation of any future public utilities within 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 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 1 057 - square foot portion of a 10 -foot wide utility easement out of Lot 1, Block A, Lear Annex, plat thereof recorded in Volume 56, Page 9 of the Map Records of Nueces County. Texas. located at the Northwest corner of the Holly Road and Kostoryz Road intersection, is abandoned and vacated for public use as a utility easement to correct ari encroachment by the existing building over said easement, subject to compliance with the following specified conditions as part of the abandonment and vacation 1) Owner must pay the fair market value of $2907.00 for the abandonment and vacation of the total 1.057- square foot portion of the 10 -foot wide utility easement. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the utility easement and the future maintenance of any existing public utilities in the easement and any future public utility installations within the H' \LEG -DIR \Jeannie \Gary \ORD Lear Annex doc Page 2 of 3 easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. 3) 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. 4) 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 31st day of October, 2006. ATTEST: Armando Chapa City Secretary APPROVED: October 25, 2006. Smith Assistant City Attorney For City Attorney H \LEG -DI R\Jeannie \\Gary \ORD - earAnnex doc CITY Of CORPUS CHRISTI Henry Gar ett Mayor. City of Corpus Christi Page 3 of 3 Corpus Christi, Texas 3114- day of Ltk,r , 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. enry Garr: t Mayor, Cit of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WiNiam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott at aki OffSelik i \LEG -DiR \Jeannie \Gary \ORD- _earAnnex doc URBAN ENGINEERING Easement Closure State of Texas County of Nueces Job No. 37067.A601 October 10. 2006 hieldnotes for toe closure of 4.50 foot wide portion of a 10.00 foot wide utility easement out of Lot 1, Block A. t. ear Annex, a map of which is recorded in Volume 56, Page 9. Map Records of Nueces County. Texas: said easement closure being more fully described by metes and bounds as tollo' s: Beginning at a point on the north boundary of Kostoryz Road. a public roadway. from Hell point. .t 578 inch rots rod 0urnd for the south corner of said Lot i bears South 61° 34'32" East d distance of 128.08 feet. Thence North 01°34'32' West along the north boundary of said Kostorvz Road, a distance (11'4 50 feet for a corner of this easement closure: 'I hence North 29°00'00- East, parallel to the common boundary of said Lot 1 and Lot 2, Bock A, Lear Annex, a map of \N hich Is recorded in Volume 62. Page 160. Map Records of Nueces County, Texas. and 5.50 feet distant therefrom. measured at right angles thereto, a distance of 234.89 feet to a point on the southwest boundary of Block B, Lear Annex. a map of which is recorded in Volume 30. Page :■5. Map Records of Nueces County, Texas. for the north corner of this easement closure: Thence South 01°38.06- Last. along the common boundary of said Blocks A and [3. a distance of 4.50 feet for the east corner of this easement closure: thence South ::9 °00'00- West, a distance of 234.89 feet to the Point of Beginning and co ,taming 0.02-1 acres t '.057 00 square feet) of and Bearings are based on the recorded plat of Lear Annex. a map of which is recorded in V:,iume 56. Page 9. Mali Records of Nueces Counn, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entire tN. its its original fmna surveyor assumes no responsibility for its accuracy. S.° m.irvc,tngU37067W6O1 FNea ,mentClosur doc (361)854-3'0 Urban Engineering Dan L. Urban, IFP.L.S. License No. 4710 2725 SWANTNEP DR • CORPUS CHRISTI. TEXAS 78404 moll4urboneng corn Page 1 of 1 FAX (361)854 -6001 LINE BEARING DISTANCE L1 N61'34 32'W 4.50' L2 S6V38'06 "E 4.50' Lot 2, Block A Lear Annex Vol. 62, Pg. 160, Mop Records of Nueces County, Texas Easement Closure G 024 Acres (1,057.00 sq. ft ) Lot 1, Block A Lear Annex Vol. 56, Pg. 9, Map Records of Nueces County, Texas FIELDNO'(S for the closure of 4.50' wide portion Of o 10.00 foot wide utility eosement out of Lot 1, Block A, Lear Annex, a map of which is recorded in Volume 56, Page 9 Map Records of Nueces County. Texas. URBAN 2 o; - 4O 2006 ENGINEERING SHEET: of o2 7.A6.o1 2ns0$ yoc> vs 060 78+o4 DRAY BY: XG Map to Accompany FIELDNOTES for the closure of 4.50 wide portion of a 10.00 foot wide utility easement out of Lot 1, Block A, Lear Annex, a map of which is recorded in Volume 56, Poge 9, Mop Records of Nueces County, Texas. Location Map LI URBAN eNGIMERro 2725 SNAN17ER CORPUS DMA IEYAS 78404 (561J854 -5/01 For: (761)854 -6001 DATE: Oct. 10, 2006 SCALE: None JOB NO.: 37O67.A6.O1 SHEET: 2 of 2 DRAWN BY: XG r. • w I IS I - - - 1 1! .1 4 :r r II -••• -1? .-_. /..., / ,.. SSP Store No. 2222 4 41 Q t 1 — Doc# 2006058048 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 027035 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. Mary Juar:r IOW / Assistant City Secretary Corpus Christi, Texas (S E A L) Doc# 20@6058@49 # Pages S 11/13/2006 1:l0PM Official Records of NUECES COUNTY DIANA T. BARREN COUNTY CLERK, Fees $31.00 a TATE OF TEXAS COUNTY OF NUECES 1 hereby cerrfy that this instrument was FILED in File Number Suence on the date and at the time stamped was duly RECORDED,in the Official Public Recordsrein y me,and of N ueces County,Texas it. C).'"�GRt � COUNTY CLERK A' NUECES COUNTY,TEXAS Any provision herein which restricts the Sale,Rental or ust, of the described REAL PROPERTY because of Race,Color. InvalidReligion,Sex,Handicap, a and unenforceable underFEDERAL RNational 3/12189