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HomeMy WebLinkAbout027285 ORD - 05/22/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 984 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 15-16 AND LOTS 37-38, BLOCK S, DON PATRICIO SUBDIVISION, BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE OWNER, TRIPLE R SALES, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Triple R Sales, Ltd. (Owner), is requesting the abandonment and vacating of a 984 -square foot portion of a 10 -foot wide utility easement out of Lots 15-16 and Lots 37-38, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive, to allow for the future construction and development of a new strucre that Is proposed to be built over said easement. The easement to be abandoned and vacated is located in a "B-4" General Business 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 a 984 -square foot portion of a 10 -foot wide utility easement out of Lots 15-16 and Lots 37-38, Block S, Don Patricio Subdivision, as recorded in Volume 8, Page 30: of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. 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 of $2,086.00 for the abandonment and vacation of the total 984 -square foot portion of the 10 -foot wide utility easement Owner must comply with all the specified conditions of the ordinance within 30 days of Council approval. 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. 5 •\LEG-DIR\Shared\GaryS\agenda12007\5 22\ORD-abandon-vacateTripleR-DonPatricioSD-UtilEasement.doc Page 2 of 3 SECTION 3. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 22nd of May, 2007. ATTEST: Armando Chapa City Secretary APPROVED: May 16. 2007. �x�1?1t?�. G1Iy W Smith Assistant City Attorney For City Attorney CITY OF ORPUS CHRISTI r//L«/ 441/1.1i.11 Henry Garre Mayor, City .f Corpus Christi H \LEG -DI R\Shared\GaryS\agenda\2007`5-22\ORD-abandon-vacateTripleR-DonPatricioSD-UtilEasement.doc Page 3 of 3 Corpus Christi, Texas 1.2_111- Day of V 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 saki 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, 'LLLLt/ `.1 • 4 Henry Garre Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Prisca G. Leal John E Marez Nelda Martinez Michael McCutchon ii+ H:\LEG-D I R1SharedlGarySlagenda1200715-2210R D-abandon-vacateTripleR-Don PatricioSD-UtilEasement.doc