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HomeMy WebLinkAbout027406 ORD - 09/11/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 249.70 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 16A, BLOCK 1, LAKEVIEW ACRES, LOCATED ON WILLIAMS DRIVE, WEST OF RODD FIELD ROAD; REQUIRING THE OWNER, L.I.P., LLC, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, LIR, . P,, LLC (Owner), is requesting the abandonment and vacating of a 249.70 -square foot portion of a 10 -foot wide utility easement out of Lot 16A, Block 1, Lakeview Acres, which is located on Williams Drive, west of Rodd Field Road, in order to facilitate the construction of a medical building within the property. The easement to be abandoned and vacated is located in a "B-1" Neighborhood 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 249.70 -square foot portion of a 10 -foot wide utility easement out of Lot 16A, Block 1, Lakeview Acres, as recorded in Volume 62, Page 134 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 . The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Fair Market Value will be waived because Owner will be dedicating a utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval 3) 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 of record, must be submitted to the Director of Development Services. SECTION . 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 C27406 H:1LEG-DIR\Sharedl ary la endal 71 -111 RD-abandon-va ateUtilEasement-LIP-Lakevi wA res.doe Page 2 of 3 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 1 1 th day of September, 2007. ATTEST: Armando Chapa City Secretary APPROVED: September 5, 2007. (& ) [(IL.) ry . Smith Assistant City Attorney For City Attorney CITY OF O P S CHRISTI { Atue,f1 frit‘il H -n ry Garret Mayor, City Corpus Christi 027406 H:1LEG-DIFF\ hared\ ar \a end 12007\9-11\O D-abandon-vacateUtilEa ement-LIP-L kevi wA r s.dO Page 3 of 3 Corpus Christi, Texas 11 ft' Day of 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoinordinance 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, A r tI , Henry Gar ett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon arti Aye e C27406 H:lLE -DIR\ har dl ary lagenda1200719-111 RD-abandon-vacateUt lEasement-LIP-LakeVi wA res.dO LINE BEARING LENGTH L1 N 29'00'00, E - 10.00' Fes" S 61'00700" E 24.97' '...f, L3 5 29'00'00" W 10.00' LL4 N 61'00'00" W 24.9T LD 5 61'00'100 E 15 00 29'00'00" E 5 007 L.7 5 61'00'00" E 15.00} LB S 29'00100" W 20 00' rR.0.+h1. LINE OJ U.E. SCALE: 1" = 100' 40' PAVEMENT WIDTH 561'00'00"E 8465' 10' U.E. -- jr101 U.E. U.E. U.E. Pi c1 2! 0 co I'`"E L5 LEGEND FND FOUND N I.R. IRON ROD U.E. UTILITY EASEMENT Y.R. YARD REQUIREMENTS . FT. SQUARE FEET R.O.W. RIGHT OF WAY +L. BUILDING LINE i1 . .N.C. T. MAP RECORDS NUECES COUNTY, TEXAS EI I 10' U E. 11 1 WILLIAMS DRIVE c� (50' R.O.W.) S61'00'00" 291.32' -\\ /-55' WIDE DRAINAGE RIGHT-OF-WAY N, ZONE A ZONE C EASEMENT TO BE DEDICATED L7 7750 SO. FT L6 561'00'00"E 251.1 Nr 1'00'00"W 282.25' N 29'00' OO"E 54.26' LOT 16A 2.71 ACRES -L2 EASEMENT CLOSURE 249.7 S .FT. t3 Li LOT 10 LAKE VIEW ACRES VOL. 14, P. 47 M.R.N.C.T. U.E. LOT 11A P1 P1 c- 0 v 0 au L8 0' U.E. 0 0 1-0 �0 cNi N 61 '00" 00" 299.97 LAKE V!Ew ACRES VOL. 30. PG. 20 asLNV ENGNEERINGIh� engineers consultants _ - CIVIL ' STRUCTUR • TRANSPORTATION • SURVEYING MARINE ' CCNSTRUCN MANAGEMENT 801 NAVIGATION, SUITE 300 CORPUS CHRISM TEXAS 78408 PH. (361) 883-19&4 FAX (361) 883-1966 WWWINVINC.COM LOT 12A APPROX. FLOOD ZONE LINE o CD 5` U.E. U.E-,N t U.E. (51 U.E. i LOT 129 EXHIBIT C Page 1 OF 2 SUN BAY MEDICAL PLAZA LOT 16A, BLOCK 1, LAKE VIEW ACRES CORPUS CHRISTI, NUECES COUNTY, TEXAS EASEMENT CLOSURE 0 0 CD LNV ENGINEERING ho engtneers & c ns lta1 IV1L - STRUCTURAL ' TRANSPORTATION URVE F IN t1AARLNE * CONSTRUCTION MANAGEMENT 801 NAVIGATION. SUITE 300 CORPUS CHRISM. TEXAS 78408 PH (361 } 883.1984 FAX (361 j 883-1984 WWW I.NviNC COM SUN BAY MEDICAL PLAZA LOT 16A, BLOCK 1, LAKE VfEW ACRES CORPUS CHRISTI, NUECES COUNTY. TEXAS LOCATION MAP