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HomeMy WebLinkAbout027166 ORD - 02/27/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 172.50 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 9, BLOCK 4, BOARDWALK UNIT 1, ADJACENT TO BOARDWALK AVENUE, AND APPROXIMATELY 272 -FEET SOUTHWEST OF THE TIMBERGATE DRIVE AND BOARDWALK AVENUE INTERSECTION; REQUIRING THE OWNER, HERBERT R. SAENZ, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Herbert R Saenz Owner, requested the abandonment and vacation of a 172.50 -square foot portion of a 7 5 -foot wide utility easement out of Lot 9, Block 4, Boardwalk Unit 1, in order to correct an encroachment into the easement by a residential structure. The easement to be abandoned and vacated is located in an "R- IB" one -family dwelling district: 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 utility easement, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT° SECTION 1. That the 172.50 -square foot portion of a 7.5 -foot wide utility easement is abandoned and vacated, the plat thereof is recorded in Volume 64, Pages 220-222 of the Map Records of Nueces County, Texas, subject to Herbert R. Saenz' compliance with the following specified conditions as part of the abandonment and vacation: Owner must pay the fair market value of $450.00 for the abandonment and vacation of the total 172.50 -square foot portion of the 7.5 -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 easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. 3) Maintain the area between the existing house structure and the remaining 7.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. 4) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public H \LEG-DIR`.Shared\GarvS1agenda120071' 271ORD-BoardwalkUnitl-abandon-vacate.doc �.�'f166 Page 2 of 3 utility companies for restoration of any surface improvements and landscaping. Owner must comply with the specified conditions of the Ordinance prior to occupancy of the house 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 7) 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 Permit approval of construction, an up-to-date survey, abstracted for all easements and items Building of record, must be submitted to the Director of Development Services. 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 27th day of February, 2007. ATTEST: 1 Armando Chapa City Secretary APPROVED: February 22, 2007. Gry V'. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI enry Garr tt Mayor, Cit of Corpus Christi H \LEG-DIR\Shared\GaryS\agenda12007\2 27\ORD-BoardwalkUnitl-abandon-vacate.doc 6914 BOARDWALK AVENUE (so' P O.w.) [N 29° 00' 00"E 69.00] 1.1)PC [541.95'3 542.06') 5' D.E.: 25'Y.12 LOT 10 This reoperty ii4c wihtll Zone C ac os*sg to FAM AIL which Is not *thin the 100 Abr F od Pt3i COM.02NaNc. POINT LOT 9 (a) I 172.50 S.F. OF 7.5' U.E. —1 -- nil TO BE CLOSED I 15' U.E. TEMPORARY N 29' DO'GO'L 69.017 CONSTRUCTION ✓/i/ZZ/ZZ'177./=/ZZ1///� 1.5' 7.5' U.E I 5 29° 00'00'W 69.00' E — — -- DOC 20050187571 7.5' U.E. DOG NO. 2004031313 __ /6 200501825, ORPNCT 5' SIDE BUILDING LINES AS PER RESTRICTIVE COVENANTS IN DOC.* 2005045746 (OPRNCT) --� (S 61° 00' 00'E 153.00'1 —1— 1.s LOT 8 [S 29° 00' 00'W 69.001 LAT 11 BRIGHTON VILLAGE U-4 V 49, P. 117.119 (KRNC1) EASEMENT CLOSURE EXHIBIT A 1 DATE: 01/26/07, REVISION: 01/30/07 LOT :0 10 LOT 9 CREW: RS&DL OFFICE: RV & RA GF B: ST -sun P' t r 05-7.282 SHEET 1 OF 1 SCALE 1" = 20' 172.50 S.F. of a 7.5 Foot Utility Easement within Lot 9, Block 4, The Boardwalk Unit 1 V. 64, P. 220-222, (MRNCT), Corpus Christi, Nueces County, Texas. LThJE_RIIb1 REM In seen Page 3 of 3 Corpus Christi, Texas { day of 2007 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, pi Hen arrett Mayor, City of orpus 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\Shared\GaryS\agenda12007\2-27\ORD-BoardwalkUnitl -abandon-vacate.doc