HomeMy WebLinkAbout027407 ORD - 09/11/2007Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 4,250 -SQUARE FOOT PORTION OF
A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 14-27, BLOCK
K, FLOUR BLUFF ESTATES, BETWEEN EAST LAKESIDE DRIVE AND
RECREATION DRIVE; E; F E UIF ING THE OWNER, RENATO A.
DEPAOLIS, 11, DBA DB VENTURES, LLC, TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Renato A. DePaolis, 11, dba DB Ventures, LLC (Owner), is requesting the
abandonment and vacating of a 4,250 -square foot portion of a 10 -foot wide utility
easement out of Lots 14-27, I k K, Flour Bluff Estates, between East Lakeside Drive
and Recreation Drive, in order to facilitate the construction of a contiguous structure
(apartment complex) over the existing utility easements. The easement to be
abandoned and vacated is located in a "B-3" Business District and 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 4,250 -square foot portion of a 10 -foot wide utility easement out of
Lots 14-27, Block K, Flour Bluff Estates, between East Lakeside Drive and Recreation
Drive, as recorded in Volume 8, Pages 1-2 of the Map Records of Nue es 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 is to pay a fair market value fee of $2,651.00 for the net difference
between the abandonment and dedication of easement rights-of-way, within 30
days of the adoption of this easement closure ordinance. The 2,250 -square feet
is the total net square footage between the 4,250 -square feet of 10 -foot wide
utility easement being abandoned and vacated and the 2,000 -square feet of
utility easement to be dedicated.
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
Peasement be dedicated and gas line be relocated at owner's expense.
Approximate cost for the relocation of the existing 2" gas main will be $3,692.00.
3) AEP has an existing anchor and down -guy within a portion of the easement
proposed for closure and will require that the owner retain a 10' wide x 20' long
027407
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Page 2 of 3
(200sf) portion of the easement proposed for closure between Lots 18 and 19,
Block K, Flour Bluff Estates.
4)
Time Warner has no objections, but will seek reimbursement from the owner, if
adjustments to their facilities become necessary.
5) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
Upon U on 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
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 readingas an emergency this the 11th day of September, 2007.
pg
ATTEST:
Armando Chapa
City Secretary
APPROVED: ED: September 5, 2007.
J_
G- WiSmith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
H-nryGarr
Mayor, Ci
of Corpus Christi
HALE -DII 1 har a ar S\ag nda1 0071 -11\OR -abandon- r teUtilE amen# -C Paoli -FBE tate .do
Carpus Christi, Texas
1111 Day of
C,I� , X007
Page of3
TO THE MEMBERS OF THE CITY COUNCIL
CIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency existssuspension
re uirin of the Charter rule asto consideration and
voting upon ordinances at two regular meetings: l/vire# therefore, request that you
Charter rule and pass this ordinance finally on the date it isintroduced, or
suspendsaid
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
IVIALIAda 11( §
Henry Garret
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hu hell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael MC ut bon
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EASEMENT CLOSURE
(10' WIDE UTILITY EASEMENT - 4,250 S.F.)
LOTS 14.27, BLOCK K, FLOUR BLUFF ESTATES
EXI-IIBIT C
Page 1 OF 2
LI
Recreation Drive
(501 MOO
Lot 18
Lot 15
3
Lot 27
52702100"W 16.70'
L2
East Lame Drive
• UNE BEARING DISTANCE OOP R.O.W.)
60 40 2
Ll 272 0-1-471,.. 5 171E
10.00
L2 5429* 02` o
EASEMENT DEDICATION
(10' WIDE UTILITY EASEMENT - 2,000 S.F.)
LOTS 17-24, BLOCK K, FLOUR BLUFF ESTATES
EXHIBIT C
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