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HomeMy WebLinkAbout027420 ORD - 09/18/2007Page 1 of 3 AN ORDINANCE ABANDONING DONING AND VACATING A 1,968 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 23-30, BLOCK S, DON PATE ILIO SUBDIVISION, BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE OWNERS, TRABARR PARTNERS, LTD. AND WATCH DOG GATE SECURITY, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Trabarr Partners, LTD. and Watch Dog Gate Security, Ltd. (Owners), are requesting the abandonment and vacating of a 1,968 square foot portion of a 10 -foot wide utility easement out of Lots 23-30, Block S, Don Patricio Subdivision, which i Located between Flour Bluff Drive and Lynhurst Drive, in order to facilitate future construction of an office/warehouse over the easement on 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 Cbrpus 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 1,968 -square foot portion of a 10 -foot wide utility easement out of Lots 23-30, 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 the10-foot wide utility easement. 2) Owner's dedication of a 15 -foot wide utility easement (2,952 -square feet) adjacent to and along the Flour Bluff Drive property line. 3) Owner must comply with all the specified conditions of the ordinance within 1 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 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 027420 H:1LE -DI 1 hared\ r lagenda12Oo lg-18\OfdD-abandon-v ate tiIEasement-Trab rr-DonP tri 1o.doe 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 s an emergency this the 18th day of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa enry Ga ett Mayor, City of Corpus Christi City Secretary APPROVED: ED: September'12, 2007. Smith Assistant City Attorney For City Attorney H:ILE -DIF 1 har dl ary \ag nda\2OO7\ -18IOF D-abandon-VacateUtulEas rr nt-Trabarr-DanPatri i0.da Corpus Christi, Texas Day of Serfte,4 , 2007 Page 3 of 3 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: UUw , 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, Council Members Respectfully, Henry Garri t Mayor 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 M C t hon 6ait 02'426 H:\LE -DI 1Shar d\ arys\agenda12007\9-18\O D-abandon-va ateUtiIEasement-Trabarr-DOnPatrl 1O.do Flour fluff air Lot 31 Location Map N.T.S 10' Lot 22 Lot 30 1.8 Ill Lot 2 INS 0 8 0° Lot 28 z Lot 23 ai Lot 24 iO ea.$ Lot. 25 Lot 27 Ft.O.W.-*.dr- Lot 26 S 9"54'4O'E 145%0' Point f Beginning Division Rood LINENE}AES RING DISTANCE Li S59'5414 -15t- 1D.0CL N 9' 4'40"W -- - 10.00 uct 1 Exhibit B Map to Accompan FIELl NOTES for the closing of a 10.00 foot wide utility easement (riot based on an on -the -ground survey) out of Lots 23-30, Block S, Don Patrick', a map of which is recorded in Volume B. Page 30, Mop Records of Nuecee County, Texas. REV: July 2007 DATE: June 25. 2007 URBANSCALE: sci •150. JOB NO.: 41090.00.00 ENGINEERING SHAT: 1 oft Q* DRAM BY: RLL _ _0211 b!'anEx'l 1.'