HomeMy WebLinkAbout027335 ORD - 07/17/2007� r
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AN ORDINANCE
ABANDONING NII AND VACATING A 4,551.20 -SQUARE FOOT PORTION
OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1-9 AND
LOTS 37-40, BLOCK 4, FLOUR BLUFF CENTER, BETWEEN
CENTRAL AL STREET AND JONNELL STREET; REQUIRING UII ING THE
OWNER, HOOTEN FAMILY TRUST, TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Houten Family Trust (Owner), is requesting the abandonment and vacating
of a 4,551.20 -square foot portion of a 10 -foot wide utility easement out of Lots 1-9 and
Lots 37-40, Block 4, Flour Bluff Center, which is located between Central Street and
Donnell Street, in order to allow for the future development of a hardware store over the
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existing utility easements. The easement to be abandoned and vacated is located in a
"B-3" 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, F E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS PUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 4,551.20 -square foot portion of a -foot wide utility easement out
of Lots 1-9 and Lots 37-40, Black 4, Flour Bluff Center, as recorded in Volume 8, Page
41 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:
1) Owner must pay the fair market value of $ 3,920.00 for the abandonment and
vacation of the total 4,551.20 -square foot portion of the 10 -foot wide utility
easement.
2) City Gas Department has an existing 2" wrapped steel gas main located
within a portion of the easement proposed for closure and is requiring that a
utility easement be dedicated and gas line be relocated at Owner's expense.
3) AEP has existing overhead facilities within the portion of the easement
proposed for closure and will seek reimbursement from the Owner, if
adjustments to their facilities become necessary.
4) AT&T has existing facilities within the portion of the easement proposed for
closure and will seek reimbursement from the Owner, if adjustments to their
facilities become necessary.
027335
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5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval Council and publication of the ordinance, all grants of
easement closures must be recorded in the real property Map Records of
Nueces County, Texas. Prior to the issuance of a building permit, an up-to-
date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
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 17th day of July, 2007.
ATTEST: CITY CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: July 11, 2007.
1-4:41,11144k.,
Gary lf. mith
Assistant City Attorney
For City Attorney
n ry Garr it
Mayor, Cit of Corpus Christi
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Corpus Christi, Texas
111 +31_ Day of i)ldd , 2007
y
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: Uwe, 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, Respectfully,
iLAli A A A.,'4
He Garre
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
1
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LOCATION MAP #.T.&.
South Padre Island Drive
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31 75
Lot 6. Lot 5, Lot 4, Lot 3, Lot 2.
Block 4 Block 4 Block 4 Block 4 Block 4
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Lot 1,
Block 4
25'
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25'
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Lot 7, Block 4
Flour Bluff Center
Vol. 8,Pg. 41.
I .f .N..T.
8
N ' 8'000 W 137.58'
Lot 40, Block 4
Flour Bluff Center
Vol. .8, ■11Pg. 41.
Lot .11.. ■# .Tr
Lot 8, Block 4
Flour Bluff Center
Vol. 8, P . 41,
M.R.,■y■.0 T.
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18
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Lot . Block 01
N
Flour Bluff Center
Vol 8, Pg. 41. 10. u. E_
M.R.N.C.T.
Lot 10, Block 4
Flour Bluff Center
vol. 8. Pg. 41,
.R...T.
L5
4
e•
Lt
Lot 3, Block 4
in Flour Bluff Center
Cfi Vol. 8,yy,■,■Pg. 41.
Lot 38, Block 4 I
Flour Bluff Center
Vol. 8, P . 41, 041
I.I.. T.
Lo!
1
1
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Lot 37. Block 4
Flour Bluff Center
vol. 8, Pg. 41. I'
Lot 11, Block 4
Flour BluffyjC en t r
Vol. ,8. Pg. 41,
Exhibit B
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Lot 36, Block 4
Flour Bluff Center
vol. 8. P. 41.
.R.N..T,
Map to Accompany
FIELONOTES for on easement closure out of Lots 1 thru
9 and Lots 37 thru 40, Block 4. Flour Bluff Center, o
mop of which is recorded in Volume 8, Pages 41, flop
Records of Nueces County. Texas.
R A N" DATA: A# . P . 2007
0B NO.: 40819.00.02
ENGINEERING
MS ~Pa CMS CHM res EXHIBIT 76-.17471 fair 0111,1154-1021
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