HomeMy WebLinkAbout027254 ORD - 05/08/2007Page 1 of 4
AN ORDINANCE
ABANDONING AND VACATING A 18,909.80 -SQUARE FOOT
PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2-
16, BLOCK 1, AND LOTS 18-39, BLOCK 1, GRACE HEIGHTS
ADDITION, AND LOTS 1-12, BLOCK 2, GRACE HEIGHTS ADDITION;
A 1,203.40 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY
EASEMENT OUT OF LOTS 1-12, BLOCK 5, OAK PARK ADDITION; A
13,817.60 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY
EASEMENT OUT OF LOTS 3-4 AND LOTS 6-8, BLOCK 12, OAK PARK
ADDITION REVISED, LOTS 1-2 AND 7-9, BLOCK 13, OAK PARK
ADDITION REVISED, LOTS 1-12, BLOCK 15, OAK PARK ADDITION
REVISED, LOTS 1-12, BLOCK 16, OAK PARK ADDITION REVISED,
AND LOTS 1-12, BLOCK 17, OAK PARK ADDITION REVISED; A
17,949.60 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY
EASEMENT OUT OF LOTS 1-22, BLOCK 1, OAK LAWN ADDITION,
LOTS 1-14, BLOCK 2, OAK LAWN ADDITION, LOTS 1-5 AND LOTS
10-14, BLOCK 3, OAK LAWN ADDITION, AND LOTS 1-22, BLOCK 4,
OAK LAWN ADDITION; A 1,521.10 -SQUARE FOOT PORTION OF A
10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2-4 AND LOTS 12-
14, BLOCK 1, DRISCOLL VILLAGE; REQUIRING THE OWNER, CITGO
REFINING AND CHEMICALS COMPANY L.P., TO COMPLY WITH THE
SPECIFIED CONDITIONS
WHEREAS, CITGO Refining and Chemicals Company L.P., requested the
abandonment and vacation of a 18,909.80 -square foot portion of a 10 -foot wide utility
easement out of Lots 2-16, Block 1, and Lots 18-39, Block 1, Grace Heights Addition
and Lots 1-12, Block 2, Grace Heights Addition; a 1,203.40 -square foot portion of a 10 -
foot wide utility easement out of Lots 1-12, Block 5, Oak Park Addition; a 13,817.60 -
square foot portion of a 10 -foot wide utility easement out of Lots 3-4 and Lots 6-8, Block
12, Otak Park Addition Revised, Lots 1-2 and 7-9, Block 13, Oak Park Addition Revised,
Lots 1-12, Block 15, Oak Park Addition Revised, Lots 1-12, Block 16, Oak Park Addition
Revised, and Lots 1-12. Block 17, Oak Park Addition Revised; a 17,949.60 -square foot
portion of a 10 -foot wide utility easement out of Lots 1-22, Block 1, Oak Lawn Addition,
Lots 1-14, Block 2, Oak Lawn Addition, Lots 1-5 Lots 10-14, Block 3, Oak Lawn
Addition, and Lots 1-22. Block 4. Oak Lawn Addition; a 1,521.10 -square foot portion of a
10 -foot wide utility easement out of Lots 2-4 and Lots 12-14, Block 1, Driscoll Village.
The utility easements to be abandoned and vacated are located in "B-3", "1-2" and "1-3"
districts; 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 easements, subject to
the provisions below. (Exhibit)
NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
0272.54
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SECTION 1. That the following utility easements are abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below. A temporary
utility easement is retained over, under, along, across. and through each abandoned
utility easement until the existing utilities in each easement are relocated or abandoned.
a 18,909.80 -square foot portion of a 10 -foot wide utility easement out of Lots 2-16,
Block 1. and Lots 18-39, Block 1, Grace Heights Addition and Lots 1-12, Block 2, Grace
Heights Addition;
a 1,203.40 -square foot portion of a 10 -foot wide utility easement out of Lots 1-12, Block
5. Oak Park Addition;
a 13,817.60 -square foot portion of a 10 -foot wide utility easement out of Lots 3-4 and
Lots 6-8, Block 12, Oak Park Addition Revised, Lots 1-2 and 7-9, Block 13, Oak Park
Addison Revised, Lots 1-12, Block 15, Oak Park Addition Revised, Lots 1-12, Block 16,
Oak Park Addition Revised, and Lots 1-12, Block 17, Oak Park Addition Revised;
a 17,949.60 -square foot portion of a 10 -foot wide utility easement out of Lots 1-22,
Block 1, Oak Lawn Addition. Lots 1-14, Block 2, Oak Lawn Addition, Lots 1-5 and Lots
10-14. Block 3. Oak Lawn Addition, and Lots 1-22, Block 4, Oak Lawn Addition;
a 1,521.10 -square foot portion of a 10 -foot wide utility easement out of Lots 2-4 and
Lots 12-14, Block 1, Driscoll Village.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
Owner must pay the fair market value amount of $24,030.45 within 30
days of the adoption of this easement closure ordinance, on a one-time
payment basis, for the abandonment and vacation of the total 53,401.50 -
square foot portions of the 10 -foot wide utility easements in the Oak Park
Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane,
and Interstate Highway 37 Frontage Road.
2. That all the existing utility easements be retained by the City, until all the
utilities have either been abandoned in place or relocated at CITGO
Refining and Chemicals Company's expense.
3. AEP, AT&T and TimeWarner have no objections to the abandonment but
will seek reimbursement if adjustments to their facilities become
necessary.
4. CITGO Refining and Chemicals Company agrees to provide access to the
TCEQ, from the easement rights-of-way, to allow the TCEQ to maintain
and operate the existing monitoring station site. CITGO Refining and
Chemicals Company agrees to also provide access from the easement
rights-of-way to allow contract services to maintain and operate the
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Page 3 of 4
existing privately owned real time gas chromatograph facilities which are
operated in parallel with the TCEQ Huisache Street air quality monitoring
station. If TCEQ decides to relocate to an alternate location within the
300 -foot buffer zone, CITGO Refining and Chemicals Company agrees to
provide access to the new site location, provided that the new site is on
CITGO property.
The existing privately owned real time gas chromatograph facilities
operated in parallel with the TCEQ Huisache Street air quality monitoring
station will remain in operation until decommission or relocation is agreed
to by the Corpus Christi Community Advisory Council.
There are existing ground water monitoring stations within the limits of the
proposed street closures. CITGO Refining and Chemicals Company L.P.
agrees to provide access to the existing ground water monitoring stations
from the street rights-of-way to allow the maintenance and operation of
these ground water monitoring stations.
Upon approval from Council and ordinance issued, all grants of utility
easement closures must be recorded in the real property Map Records of
Nueces County, Texas. in which the property is located.
Owner must comply with all the specified conditions of the ordinance
within 180 days of Council approval.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the _)...„4-14+ day of it, 2007, by the following vote:
In
Henry Garrett } - Bill KeIIy r
Brent Chesney , st,,•.-I- Rex A. Kinnison L9
John E Marez r e Jesse Noyola Or -
Melody Cooper
Jerry Garcia
/-t Mark Scott t ��
Thatthe, foregoing ordina ce was read for the second time and passed finally on this
the1- day of 2007 by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
ASr
lAt
PASD AND APPROVED, this the
Bill KeIIy
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
Armando Chapa
City Secretary
APPROVED: April 18, 2007
G' ry ' . Smith
Assis+nt City Attorney
For City Attorney
, 2007.
Henry Garr tt
Mayor
!x'27254
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STATE OF TEXAS
COUNTY OF E
I hereby certify that this instrument was FILED
in file nutter sequence on the date and at the
i, e statoed herein by se, and was duly RECORDED
the r ficial Public Records of
Nueces County, Texas
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MLS
DIA T*BARERRA
SOS may, TEXAS
# provision herein. which restricts the Sale, R
eb]o use
of the described VAL PARTY hecause of Race,
Color,
Relinion,Sex, Handicap, Familial Status, or Nat
ionai Orinin
is i v lib and unenforceable under FEDERAL LAW,
3/12/89.
Docii 2121070539
Panes 1
10/2S/a07 ?: 7PM
Official Records of
NUECES COUNTY
DIANP T. BARRERR
COUNTY CLERK
Fee{ $67.00
State of Texas
County of Nueces
0212 >�
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 5718251
PO #
Before me, the undersigned, a Notary Public, this day personally came Sandra
Orum, who being first duly sworn, according to law, says that she is Legal
Sales Representative of the Corpus Christi Caller -Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that
the publication of, NOTICE OF PUBLIC HEARING WHEREAS, which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on
the World Wide Web on the Caller -Times Interactive on the 17TH day(s) of
APRIL, 2007.
$353.74
C&Orteicict, 0/bei.n-L.1
Legal Sales Representative
TWO 2 ) Time(s)
Subscribed and sworn to me on the date of
Notary Public, Nueces County, Texa!
PATRICK G. SAUCIER
MY COMMISSION EXPIRES
Jemmy 3, 2011
Aaril17 2007.Tuesda 5F
NOTICE OF PUBLIC
HEARING
Whereas, application
having been filed with
the City Council of the
City of Corpus Christi,
Texas, to consider the
closure and
abandonment of the
following streets: Erwin
Avenue out of Oak.
Lawn Subdivision. from
Buddy Lawrence Drive
to Interstate Highway
37; Oak Park Avenue
out . of Oak .Lawn
Subdivision, from
Buddy Lawrence Drive
to Interstate Highway
37; Retama Avenue
between Oak Lawn
Subdivision and
Harbor View Estates,
from. Buddy Lawrence
Drive to the north right-
of-way line of Huisache
Street; Cenizo Avenue
out of Harbor View
Estates, from Gibson
Street to approximately
122' south of Huisache
Street; Cenizo Avenue
out of Grace Heights
Addition from .Grace
Drive to north right-of-
way line of Colima
Street; Maguey Street
out of Harbor View
Estates from Gibson
Street to approximately
122' south of Huisache
Street; Maguey Street
out of Grace .Heights
Addition from Grace
Drive to Interstate
Highway 37; Gibson
Street out of Harbor
View Estates, from
Poth Lane to Retama
Avenue; Noakes
Street; out 'of Harbor
View Estates, from
Poth Lane to Retame
Avenue; Huisache
Street, between Grace
Heights Addition and
Harbor View Estates,
from Poth Lane to
approximately 75' west
of the centerline of
Retama Avenue;
Huisache Street, out of
Oak Lawn, from Buddy
Lawrence Drive to
approximately 75' east
of the centerline of
Retama Drive; Grace
Drive, out of . Grace
Heights Addition, from
Maguey Street to
Cenizo Avenue; Ash
Street, between Oak
Park Addition and
Grace Heights
Addition, from : Poth
Lane to Retama
Avenue and from
Retama Avenue to
interstate 37 save and
except the portion of
Retama Avenue
remaining open; and
Colima Street, out of
Oak Park Addition,
from Poth Lane to
Interstate Highway 37.
NOW, THEREFORE,
NOTICE IS HEREBY
GIVEN THE PUBLIC:
That a public hearing
on said application(s)
to consider the closure
and abandonment will
be .held by the Cit
Council in the Council
Chambers of City Hall,
1201 Leopard, in the
City of Corpus Christi,
Texas on Tuesday,
April 24, 2007 atter
10:00 a.m. during the
regular Council
meeting, at which lime
and place all persons
and parties and/or their
agents may appear
and be. heard by the
said City Council.
Effective on April 17,
2007.
/s/ Armando Chapa
City Secretary
City of Corpus Christ,