HomeMy WebLinkAbout027792 ORD - 08/12/2008Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 738 -SQUARE FOOT PORTION OF A
10 -FOOT WIDE UTILITY EASEMENT OUT OF DON PATRICIO
SUBDIVISION, BLOCK S, LOT 12, A ONE-HALF PORTION OF LOT 13,
A ONE-HALF PORTION OF LOT 40 AND ALL OF LOT 41, BETWEEN
FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE
OWNER, L.C. ALTY, LTD, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, L.C. Alty, LTD (Owner) is requesting the abandonment and vacating of a
738 -square foot portion of a 10 -foot wide utility easement out of Don Patricio
Subdivision, Block S, Lot 12, a one-half portion of Lot 13, a one-half portion of Lot 40
and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive to allow for future
construction and development over said easement; 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 A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 738 -square foot portion of a 10 -foot wide utility easement out of
Don Patricio Subdivision, Block S, Lot 12, a one-half portion of Lot 13, a one-half portion
of Lot 40 and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive, as recorded in
Volume 8, Page 30 of the Map Records of Nueces County, Texas, is abandoned and
vacated, subject to the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right-of-way is
conditioned as follows:
1) Fair Market Value will be waived because owner will be dedicating a 1,107 -
square foot utility easement of greater value to off -set the proposed
abandonment and vacation of the 10 -foot wide utility easement.
2) Owner must dedicate a 15 -foot wide utility easement (1,107 -square feet)
adjacent to and along the Flour Bluff Drive property line. (Exhibit B)
3) Owner must comply with all specified conditions of the ordinance within 180 days
of Council approval.
4) 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 permit
approval of construction, an up-to-date survey, abstracted for all easements and
items Building of record, must be submitted to the Director of Development
Services.
027792
Q:1S ha redUaylAgenda1200818-121ORD-abandon-vacateUtilEasmt-Alty-Don PatricioSubd-Alty.doc
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 6, 2008
By:
i- uki lar R 1 ay R r g4
cle,IsketilkCA-*14 First Assistant ity Attorney
Y For City Attorney
÷,
Page 2 of 3
CITY OF CORPUS CHRISTI
ery Garr
Mayor
Q:IShared\JaylAgenda1200818-1210RD-abandon-vacateUtilEasmt-Alty-DonPatricioSubd-Alty.doc
Page 3 of 3
Corpus Christi, Texas
f Day of , 2008
1
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,
Council Members
Respectfully,
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027792
Q:1Shared\JaylAgenda1200818-121ORD-abandon-vacateUtilEasmt-Alty-DonPatricio5uhd-Alty.doc
FlELDNOTES for the dosing of a 10.00 foot wide utility
easement (not based on on on—the—ground survey) out
of Lots 12 and 13 and Lots 40 and 41. Block 5, Don
Patricia. a map of which le recorded in Volume B. Pogo
30, Map Records of Nueces County, Texas.
UNE
BEARING
DISTANCE
LI _
N59`54'40"W
10.00'
L2
S59'54'40"E
10.00'
ExFt. 11IT A.
lassoes
`u Ima
EJune
Don Patricia
I I u a u
E k.r o t
O C VI
Lola Johnson Vy
Division Po�°e A`ha bra x c Crestline a
Pesrseri o
uv m
ir
Cynosr
tri
�0
Purdue m t�DeP'$i
Purdue
Be sle
Flour Bluff Drive
4
1
1 el Lot 3e 1 1
I 11 11
.._ Lot 37 1 I
,o' u.e.—I 1 •-
I 1
Lot 43
Lot 42
L'
Lot 40
Lot 11
Lot 41
11
11
11
1,I
—� r ri u.x.
0.uitt,1 .a0 Ft 1 1
i i
IL3g 11
i!I 1 1 Lot 14
1
1
II
Lot 12
Lot 13
Lot 15
Lot 14
Lot 38
11
11
11
1%40
UNE
BEARING
DISTANCE
11
S59'54'406E
15.00' y
I 1.2 -
, N59'54`40"W
15.00'
Lot 17
Location Map N.T,S
o
4e'
t
Map to Accompany
FIELDNOTES for a 15.00 foot wide utility easement (not
based on an on–the–ground survey) out of Lots 40
and 41, Block S. Don Patricia, a map of whk,h Is
recorded in Volume 6, Page 30, Mop Records of
Nuecee County, Texas.
URBANSCALE 1'' -6, 2000
50'
ENGINEERING TNo`i 410 0.00.02
DRAM BY: DL
02008 by Urban Engineering
I xfr !PIT B3