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HomeMy WebLinkAbout027494 ORD - 11/20/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,964.88 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK 1, DEL MAR COLLEGE EAST CAMPUS; LOCATED APPROXIMATELY 370 -FEET NORTH OF THE EDWARDS STREET PUBLIC RIGHT-OF- WAY; REQUIRING THE OWNER, DEL MAR COLLEGE DISTRICT, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Del Mar College is requesting the abandonment and vacating a 1,964.88 - square foot portion of a 10 -foot wide utility easement out of Lot 1, Block 1, Del Mar College East Campus, located approximately 370 -feet north of the Edwards Street public right-of-way, in order to provide an easement over a re-routed City water line as required by the Garcia Building expansion project. 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 the 1,964.88 -square foot portion of a 10 -foot wide utility easement out of Lot 1, Block 1, Del Mar College East Campus is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of-way until the existing utilities in the easement are relocated or abandoned. The plat is recorded in Volume 53, Page 103, of the Map Records of Nueces County, Texas. 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 1,964.88 -square foot utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. 2) City Water Department has an existing water main next to the proposed building expansion and is requiring that the water main be relocated at owner's expense. Owner must submit a set of construction drawings for the relocation of the water main with a minimum 15 -feet separation between the water main and the foundation of the building. 3) AT&T has cable adjacent to the proposed easement closure and is requesting that if any excavation is going to be done within the proximity of its cable, and that the Owner call 1-800-344-8377, for utility line locates, 48 hours prior to the start of construction. 027494 H:1LEG-DIRISharedlGarySlagenda12007111-201ORD-abandon-vacateUtilEasmt-DelMar.doc Page 2 of 3 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) Upon approval by 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 the approval of building permit and construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager 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 20th day of November, 2007. ATTEST: Armando Chapa City Secretary APPROVED: November 14, 2007. G`ry W. Smith Assistant City Attorney For City Attorney CITY 0 CORPUS CHRISTI f:� ry Gar—tt Mayor, City of Corpus Christi H:1LEG-D1 R1Shared\GarySlagenda12007111-201ORD-abandon-vacateUtilEasmt-DelMar.doc Page 3 of 3 Corpus Christi, Texas p�a Day of j%��'l/l�( 0" , 2007 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: I/we, 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 The above ordinance was passed by the following vote: Henry Garrett Melody Cooper A hW Larry Elizondo, Sr.An( Mike HummellAlrx Bill Kelly int Priscilla G. Leal-(/ John E. Marez 4 Nelda Martinez Michael McCutchon 027494 H:ILEG-DI RlShared\GarySlagenda12007111-241ORD-abandon-vacateUtilEasmt-DelMar.doc Point of Cornmencement taJ Edwards Street w 35' haft 18'00'1: 35. 35' Ayers Street 371.72' 41=0523'2r A 08.10'20' 0R=78.88' R=68.88' C1 T=3.71' 0T=3.71 L=7.42` L=7.42' LI S61'40`A0'E 10.Q5' 12 N61442'00iv 10.00' Point of Beginning Lot 1, Block 1 Del Mor East Campus Vol. 53, Pg. 103. Map Records, Nuecee County, Texas N28' 18'00'E 189.08' C1 10' ,.. • t Cl... R•., P. t • 0.045 Aaree (1.964.88 Sq.Ft.) 561'42'00'E 78.88' 10' U.E. (Vol. 2195. Po. �--�-- 442, Deed Records of Nueces County. Texas) Map to Accompany field Notes for the closure of o portion of a 10.00 foot wide uh7rty easement oul of cot 1, Block 1, Del Alar College fast Campus, a mop of which is recorded in Volume .54 Page 104 Map Records of Nueces County, Texas. said easement recorded in Document No. 702427, Volume 2195, Page 442, Deed Records of Nueces County, Texas S28' 18'00'W 189.08' Radius Point bears S55'31'36'E 68.88' 60 40 20 0 40 80 S1911!=:!1 U 1,.40 R B A \--\ DATE: See 19: 2007 SCALE: 1 =40 ENGINEERING JOB NO.: 25800.A1.00 1725 s>r,447743: cam 0+9x571 TE715 TEXAS ,0, SHEET: 1 OF 2 (3sr}d5e-3ror Far (360854-6C01J DRAWN BY: SB O 2007 by Urban Engineering �r Greenwood NiglinlIZEDWIO m E75EN OWER•,�� © IIPF► ucAFtTrILR � ': 111111141MEMPIIMMACIA0\..1 malramt....mile...ast.._19N4,itk illidi Li ,/ 610 gm - - 1,4111 Pr ard e2.1-1-iS1 CLOSE a L CHLIR HELI, ��� z n+ - ROJa WA,l�rmiltryol C I1WIM f•AVA1 A 4 A.I 4. tmiwtti!Iklama1TNrTEwlsaMr �N . �� Via♦ `� - 14 - A�ilio `r `COQ X40 ` �7k©� 4 w— ,`,.,' , �j � FLORIDA • ., 4, 4 ! lftemElawdrZoi. 44,001p 41tA LIEL.90- ®.cam■ iv `•mQO`,, wa*, O' , `I ri YHV100D O DFbI ��'• 01eff.Nt wit offtr, 4t, ittS ILIJ ,s _ 11._� STA►FORR Location Map Not to Scale URBAN ENGINEERING 1715 57114N1241Z MIRE oA[S1L TEXAS 78401 - 060854•-3101 far (.761)951-6001 J DATE: July 27, 2007 SCALE: NTS JOB NO.: 25800.A1.00 SHEET: 2 OF 2 DRAWN BY: SB 0 2007 by Urban Engineering