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HomeMy WebLinkAbout027522 ORD - 12/11/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING AN 8,145.72 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE ELECTRICAL AND COMMUNICATIONS EASEMENT (TRACT 1) AND A 26,353.80 - SQUARE FOOT PORTION OF AN ELECTRICAL AND COMMUNICATIONS EASEMENT (TRACT 2), OUT OF LOT 8, BLOCK A, JOSLIN TRACT, LOCATED NORTH OF AND ADJACENT TO THE SOUTH PADRE ISLAND DRIVE (SH 358) PUBLIC RIGHT-OF-WAY; AND EAST OF THE RODD FIELD ROAD STREET RIGHT-OF-WAY; REQUIRING THE OWNER, MG BUILDING MATERIALS, TO COMPLY WITH THE SPECIFIED CONDITIONS AND DECLARING AN EMERGENCY WHEREAS, MG Building Materials (Owner), is requesting the abandonment and vacating of an 8,145.72 -square foot portion of a 7.5 -foot wide electrical and communications easement (Tract 1) and a 26,353.80 -square foot portion of an electrical and communications easement (Tract 2), out of Lot 8, Block A, Joslin Tract, located north of and adjacent to the South Padre Island Drive (SH 358) public right-of-way; and east of the Rodd Field Road street right-of-way; 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 public right-of-way, 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 an 8,145.72 -square foot portion of a 7.5 -foot wide electrical and communications easement (Tract 1) and a 26,353.80 -square foot portion of an electrical and communications easement (Tract 2), out of Lot 8, Block A, Joslin Tract, located north of and adjacent to the South Padre Island Drive (SH 358) public right-of-way; and east of the Rodd Field Road street right-of-way, as recorded in Volume 39, Page 65 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 public right-of-way is conditioned upon Owner's compliance with the following: 1) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 2) 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. 027522 H:\LEG-DI R\Shared\GaryS\agenda\2007\12-11 \ORD-abandon-vacateEasement-JoslinTract-MGBldg.doc INDEXED Page 2 of 3 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 11th day of December, 2007. ATTEST: Armando Chapa City Secretary APPROVED: December 5, 2007. Gary V . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI enry Garr Mayor, Cit of Corpus Christi H:\LEG-DI R\Shared\GaryS\agenda\2007\12-11 \ORD-abandon-vacateEasement-Jost inTract-MG BIdg. doc Corpus Christi, Texas 11 Day ofb-eee-414.6A , 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: 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, r /L/. enry Garr-tt Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal (J John E. Marez Nelda Martinez Michael McCutchon 027522 H:\LEG-DI R\Shared\GaryS\agenda\2007\12-11 \ORD-abandon-vacateEasement-Jost inTract-MG Bldg. doc Y ` U 0 CO g 1- ~ OZ J 0 0 0 In 7 f� dtQ W 0 O 10 1n 1() m 0 t0 fG N z 7 0 0 m 0 i0 N N m NORTHERNMOST CORNER LO7 N in in r7 Co z 7.5' MCARDLE RD. 0 . �zU U0 N 00< N� N CI. Pit" La Z w00 0. r N in NOW Z CO ,) I-0 O Pa U pN K NCL S61'00'411 165.00' 1 3 N61'00'41 W of p 140.00' r; v C) p'p in in W a ' IA In N �- „� In m m z n co aI In NIh g- o N Ica' z W vWi U 1 S61 0 00 ^E U Q w0 ~ O J .- WU Z O 00 � ZJ W .. in 1"'2 n In 10n g O n 3 O F U M O pZ Co Z W _ Z N �2 Q z 8 z 3 Y (0 wz 0 N (, o w a 0 I• U m N z o J vm M in (- � c6n L h W N O J N28'35'57 150' 1 N28'35.57"E 664.42' 528'35'57'W 872.58' 15' N O O O SOUTH PADRE ISLAND DRIVE (SH 358) N o. EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION = 120' Oto m . BASS AND WELSH ENGINEERING COMP. NO: EXB-EAS CLO JOB NO: 06035 SCALE: 1" = 120' PLOT SCALE: SAME PLOT DATE: 9/27/07 SHEET 1 OF 1