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Home My WebLink About027794 ORD - 08/12/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 975 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF PADRE ISLAND - CORPUS CHRISTI, MARINER'S CAY UNIT 2A, BLOCK 2, LOTS 10-11, LOCATED ADJACENT TO THE CABANA EAST STREET PUBLIC RIGHTS-OF-WAY; REQUIRING THE OWNER, BRITE STAR CONSTRUCTION, LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Brite Star Construction, LP (Owner) is requesting the abandonment and vacating of a 975 -square foot portion of a 10 -foot wide utility easement out of Padre Island -Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10-11, located adjacent to the Cabana East Street public rights-of-way; to accommodate for the 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 975 -square foot portion of a 10 -foot wide utility easement out of Padre Island -Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10-11, located adjacent to the Cabana East Street public rights of way, as recorded in Volume 39, Pages 193-194 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. Staff recommends that the Owner pay the fair market value of $620.00 within 30 days of adoption of the easement closure ordinance for the abandonment and vacating of the 975 -square foot portion of the easement. 2. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3. 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 easements and items Building of record, must be submitted to the Director of Development Services. 027794 Q:\SharedlJaytiAgenda1200818-121ORD-abandon-vacateUtilEasmt-Padrelsland-CC-BriteStarConstr.doc ATTEST: Armando Chapa City Secretary APPROVED as to form: August 4, 2008 'ue-itePiefAl: 66`31.00n -CL4y A}1brrtl ay Fi t Assista 'f ity Attorney For City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Henry Garfett Mayor H:ILEG-DI RISha redlJayAgenda1200818-121ORD-abandon-vacateUtilEasmt-Padrelsland-CC-BriteStarConslr.doc Page 3 of 3 Corpus Christi, Texas Day of AilkAt , 2008 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 Cooper4)4-- Larry Elizondo, Sr. 6./frpui-- Mike Hummel! 7131A: Bill Kelly —5-44(0�l.� Priscilla G. Leal John E. Marez�P.�t. Nelda Martinez Michael McCutchon 027794 H:1LEG-DIR1Shared'aylAgenda1200818-1210RD-abandon-vacateUtilEasmt-Padrelsland-CC-SriteStarConstr.doc L South Padre Island Drive Paris Road 22 Cabana East Street (80' R.O.W.) Point of Beginning �1 25' 8.L1 —5.0' —10' vide Easement Closure 0.022 Acres (975.00 Sq.Ft.) Lot 11, Biotic 2 Padre Island—Corpus Christi Mariner's Cay Unit 2A 1/1 Vol. 39, Pgs. 193-194, Map Records of Nueces County. Texas 1 Ol p Lot 10, Block 2 Padre Island—Corpus Christi Mariner's Cay Unit 2A g Vol. 39. Pgs. 193-194, Map Records of Nueces County, Texas r7.5 u.E� 076 Block 21 Padre Island -Corpus Christi Island Fairway Estates Vol. 39, Pgs. 193-194, Map Records of Nueces County, Texas UNE BEARING L1 SAt'13'30'W 10.00 L2 NO1'1Q'30't 10.00' Map to Accompany FIELDNOTES for o 10.00 foot wide utility easement closure (not based on an on—the—ground survey) out of Lots 10 & 11, Block 2, Podre Island—Corpus Christi Mariner's Coy Unit 2, a map of which is recorded in Volume 39, Pages 193-194, Mop Records of Nueces County, Texas. URBAN ENGINEERING 2725 SWWW71dR CAMS 0054 )X45 78404 (3601.150-J101 For (150854-5001 DA1E: March. 25, 2008 SCALE: 1",m30' JOB NO.: 41164.00.01 SHEET: 1 of 1 DRAWN BY: RLG