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Home My WebLink About027857 ORD - 09/16/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 4,950 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF THE MIDTOWN INDUSTRIAL DISTRICT, BLOCK 1, LOTS 62-63, ADJACENT TO AND SOUTH OF BEAR LANE AND WEST OF THE SOUTH NAVIGATION BOULEVARD AND BEAR LANE INTERSECTION; REQUIRING THE OWNER, A-1 CONSTRUCTION CO., INC. TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A-1 Construction Co., Inc. (Owner), is requesting the abandonment and vacating of a 4,950 -square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62-63, which is located adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection, in order to accommodate and allow for the construction of an industrial warehouse over the existing utility easement. The easement to be abandoned and vacated is located in an "1-2" Light Industrial District; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the 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 4,950 -square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62-63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection, as recorded in Volume 41, Page 54, 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 utility easement is conditioned upon Owner's compliance with the following: 1) Owner dedicates a 14 feet wide, 5,335 -square foot utility easement adjacent to and along the Bear Lane property line. (Exhibit B). 2) When Owner dedicates the 5,335 -square foot utility easement, the fair market value of the abandoned easement will be waived, since the value of the 5,335 -square foot utility easement is greater than the value of the 4,950 - square foot portion of the existing 10 -foot wide utility easement being abandoned. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and as a required condition of issuance of a Certificate of Occupancy for the building. 027857 H: \LEG -DI R\S h aredUay\Agenda\2008\9-16\ORD-abandon-vacateM idtown I nd ustrial UtilEaseme nt.doc Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closures and dedications 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 permits and construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services for approval. 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 16th day of September, 2008. ATTEST: CITY 0 CORPUS CHRISTI Armando Chapa Henry Garr tt City Secretary Mayor, City of Corpus Christi APPROVED: September 3, 2008. R. Jing First Assistant City Attorney For City Attorney H:\LEG-DI R\Sha redUay\Age nda\2008\9-16\ORD-abandon-vacateMidtown I nd ustria I UtilEasement. doc Page 3 of 3 Corpus Christi, Texas /^'n ,' �(D Day of ±2 l , 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, tidal tplAA. H= ry Garrett Mayor Council Members 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 -t1;- 027857 H:\LEG-DI R\S hared\Jay\Age nda\2008\9-16\ORD-abandon-vacateM idtown I nd ustria I UtilEasement. doc S89'56'00"E 5.00' BEAR LANE S89'56'00"E 5.00' POINT OF BEGINNING CROSUR (4EASEMENT_ CLOSURtt S.F.)(4960• LOT 62 O 0 LO z 0 0 1 o4 4 `0 1 S 0 o y 0 & 7 11>' GRAPHIC SCALE I -P t00 DD 0 100 20D N89'56'00"W 10.00' LOT 64 400 AREA OF CLOSURE 4950 SQ. FT. i inch oIN FEET) ft 0.11 ACRES z i � PROPOSED EASEMENT CLOSURE LOTS 62 & 63, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT Prepared by. Bass & Welsh Engineering 3054 So. Alomedo St. Corpus Christi, Tx. 78404 (361 (3618882-1265 82-5521 (phone) (fox) ) Job No: 08053 Scaler: As shown Date: 18JUN2008 Drawing No: PIAT Plotecaler 1:1 Sheet 2 of 2 EXI4II3IT A 45'04'20"E 14.18' POINT OF BEGINNING j BEARLANE � F.L.L 2 58490* 6'00 3 00' f S89'56 00"W 201.51 100 so 0 LOT 62 0 S 0 css gr,em' �`' 0 JrSI .0 9 G LOT 63 S45'0?'00"E 14.13 0\7;11 ii3 GRAPHIC SCALE I 100 200 9 LOT 64 400 (171 FEET ) 1 inch - 100 ft. AREA OF DEDICATIO 5335 SQ. FT. 0.12 ACRES UTILITY EASEMENT DEDICATION LOTS 62 & 63, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT Prepared by: Bass & Welsh Engineering 3054 So. Alameda St. Corpue Chrlstl, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) Job No: 08053 Saolt As shown Dote: 105IUN2008 DrawTg Na UE—NEW Moteoda 1:1 Sheet 1 of 1 F,cutnrr 2.