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HomeMy WebLinkAbout027419 ORD - 09/18/2007Page I of AN ORDINANCE ABANDONING AND VACATING A 2,952 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 17-22 ►ND LOTS 31-36, BLOCK S, DON PATRICIO SUBDIVISION, BETWEEN FLOUR LUF F DRIVE AND LYNHURST HURST DRIVE; REQUIRING THE OWNER, MR. LOUIS K. ALTY, DBA CML INVESTMENTS, TO COMPLY MTH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, REAS Mr. Louis K. Alty, dba G&L Investments (owner), is requesting the abandonment and vacating of a 2,952 -square foot portion of a 10 -foot wide utility easement out of Lots 17-22 and Lots 31-36, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive, in order to facilitate future construction � and development of the property. 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: 1. That a 2,952 -square foot portion of a 10 -foot wide utility easement out of SECTION� Lots 17-22 and Lots 31-36,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: 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's dedication of a 15 -foot wide utility easement (4,427.99 -square feet) adjacent to and along the Flour Bluff Drive property line. 3)comply Owner must om ti with all the specified conditions of the ordinance within 180 days of Council approval 4) 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 MapRecords of Nueces County, Texas, in which the property is located. Prior to y permit pp roval of construction, an up-to-date survey, abstracted for all 027419 H:\LE -DI R\ har d\ ar yS\a nda12OO 1 -1 \oFAD-abandon-v at Util Ea meat-Alt-DonPatri io.do Page 2 of 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 18th emergency this theday of September, 2007. ATTEST: CITY Armando Chapa City Secretary APPROVED: ED: September 12, 2007. tuarid‘ G ry # . Smith Assistant City Attorney For City Attorney CORPUS CHRISTI e ry Garr Mayor, City of Corpus Christi H:1LE-DIRISh red\ r \agend 1 0071 -1610 D-abandon-vacateUtiIEasement-Alt-DonPatr1 i0.d0c Page 3 of Corpus Christi, Texas Day of S ' r , 2007 TO THE MEMBERS OF THE CITY COUNCIL C1L 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 on 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, Council Members Henry G rett Mayor The above ordinance was passed by the following vote: H e n r Garrett Melody Cooper Larry Elizondo, Sr. Mike Hum nel1 Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon %If kelq Q27919 H:\LEG-DIR\ har d\ ary \agenda\ 007\9-1810FAD-abandon-vacateUtilEasement- lt-DonPatrick.dcc 1 d Lot 37 1 0' U. . Lot 38 Lot 35 10' U.E.10' U.E. Wt 33 Lot 33` Lot 32 � � Lot 31 gd 11 Lot 18 Lot 17 Lot 18 Lot 30 3 81 Lot 19 Lot ZO Lot 24 Lot 22 SS54'4CrE 14.00` Location Map .T.S \4, d el2 Po"°`°fBesbmingExhibit B Lot 23 Map to Accompany nELDNOTES for the closing of a 10.00 foot wide utility io easement (not based on on on—the—ground survey) out of Lots 17 through 22 and Lots 31 through 38, Block S. Don Potricio, a map of which is recorded in Volume 8, Pao 30, Mop Records of Nuecee County, Texas. UNE BEARING DISTANCE Li N59`54'40"W 10.00' L2 S59154140"E 10.00 - U R B A N)SDCAAMLE: um'4` 2° ENGINEERING H0.:i 40'00 Z725 SWIM WIPLIS � r�l�aoa'� DRAMIN BY: RVG