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HomeMy WebLinkAbout027335 ORD - 07/17/2007� r Pagel of 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 F 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 H:1LEG-DIF \Shared ry la end 12OO717-17\O D -abandon -vacate -Houten -FB nter-UtiIE ment.do Page 2 of 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 H:\LEG-DIF \Shared\GariMagenda120 717-17\O D-aband n -vacate -H t o-FBC nt r-UtiIE s rn nt. o Page 3 of 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 b%/1-1-- 027335 FIALEG-DIR‘SharediGarySNagenda\2007\7-171ORD-abandon-vacate-Hooten-FBCenter-UtilEasement.doc z co2 ca . 1ia1-7, 1—i La " Sitect cti 51 0Z LIC) o 'NEILL 1 Er I 0 I.I cn w� CD 0 g i-1 6 SECURITY !} m COMP TON e 9>;uDiE MELPP—' .• . South P• re I syzij brims NNE T z 0 ILJ ! d 0. 1- ce 2 w.Ni�K.e•socKe K ICKE BOCKE riPio10 LOCATION MAP #.T.&. South Padre Island Drive R. ,W, Yorks) 2V 31 75 Lot 6. Lot 5, Lot 4, Lot 3, Lot 2. Block 4 Block 4 Block 4 Block 4 Block 4 b Fount ofB thaing 560•58'00PE 285.1 • Lot 1, Block 4 25' D 25' 6018'00'1W 137.56' 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. tai 18 lisi I 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 01 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 }o' 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 UNE BEARING DISTANCE 1 Li N 9 0 'OO'E 1 D. 0' L2 529'02'00V 10.00' L..3 N60'58'00'11" 5.00` 14 N ' '0O"E 50.00' 15 1i60'58100111 1 5.00'