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
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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
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