HomeMy WebLinkAbout027793 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, A ONE-HALF PORTION OF LOT 13, ALL OF
LOT 14 AND LOT 39, AND A ONE-HALF PORTION OF LOT 40,
BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE;
REQUIRING THE OWNER, JOHNSTON FAMILY INVESTMENTS, LTD,
TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY
WHEREAS, Johnston Family Investments, 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, a one-half portion of Lot 13, all of Lot 14 and Lot 39, and a
one-half portion of Lot 40, 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, a one-half portion of Lot 13, all of Lot 14 and Lot 39,
and a one-half portion of Lot 40, 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
027793
Q:1Sha red\JaylAgenda1200818-1210RD-abandon-vacateUti lEasmt-Alty-DonPatricioSubd-Johnston. doc
Page 2 of 3
items Building of record, must be submitted to the Director of Development
Services.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 6, 2008
By: t
!vQ w
gA;u,r Ay( R. ay Re
4�iCAJJ t C j First Assistant City Attorney
1A -ti -or For City Attorney
CITY O. CORPUS CHRISTI
J.d!
Henry Ga e
Mayor
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Q:ISharedlJaylAgenda1200818-121ORD-abandon-vacateUtiIEasmt-Alty-DonPatricioSubd-Joh nston.doc
Corpus Christi, Texas
Day of
, 2008
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: 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
1`
eery Garr
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 McCutchon
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027793
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Map to Accompany
FIELDNOTES for the dosing of a 10.00 foot wide utility
easement (not based on on on—the—ground survey) out
of Lots 13 and 14 and Lots 39 and 40, Block S. Don
Patricia. a map of which is recorded in Volume 8, Page
30, Map Records of Mums County, Texas.
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FlELDNOTES for o 15.00 foot wide utility easement (not
based on an on—the--ground survey) out of Lots 39
and 40, Block 5. Don Patricia. a mop of which Is
recorded In Volume B, Page 30, Map Records of
Nueces County, Texas.
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