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HomeMy WebLinkAbout027875 ORD - 09/30/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 321.35 -SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF THE SOUTH END ADDITION, BLOCK 6, LOT 3A, ADJACENT TO SOUTH STAPLES STREET, APPROXIMATELY 131 -FEET SOUTH OF THE PARK AVENUE RIGHT-OF-WAY; REQUIRING THE OWNER, LLOYD W. HOLMES, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Lloyd W. Holmes (Owner) is requesting the abandonment and vacating of a 321.35 -square foot portion of a 5 -foot wide utility easement out of the South End Addition, Block 6, Lot 3A, adjacent to South Staples Street, which is located approximately 131 -feet south of the Park Avenue right-of-way, in order to allow for the future construction of a building structure over the easement and the development of the property. The easement to be abandoned and vacated is located in a "B-5" Primary Business District; 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 321.35 -square foot portion of a 5 -foot wide utility easement out of the South End Addition, Block 6, Lot 3A, approximately 131 -feet south of the Park Avenue right-of-way, as recorded in Volume 35, Page 121 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 must pay the fair market value of $565.00 within 30 days of the adoption of this easement closure ordinance, on a one-time payment basis, for the abandonment and vacation of the total 321.35 -square foot portion of the 5 -foot wide utility easement. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the accessory structure. 3) 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 027875 H:\LEG-DIR\Shared\Jay Agenda\2008\9-23\ORD-abandon-vacateUtilEasement-RSSmithAssoc-SouthEndAddn.doc Page 2 of 3 survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. 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 23rd day of September, 2008. ATTEST: Armando Chapa City Secretary APPROVED: September 18, 2008. R. y einin First Assists City Attorney For City Attorney CITY OF CORPUS CHRISTI %Aar Henry Gargett Mayor, City of Corpus Christi H:\LEG-DIR\SharedVay% genda\2008\9-23\ORD-abandon-vacateUtilEasement-RSSmithAssoc-SOuthEndAddn.doc Page 3 of 3 Corpus C risti, Texas II����� �l9C�� c0 Day of Sep`K:f�llt , 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 Cooper 4 Larry Elizondo, Sr. h3c#* Mike Hummel) 41 Bill Kelly Priscilla G. Leal UU John E. Marez / "v Nelda Martinez Michael McCutchon 027875 H: \LEG -DI R\S haredUay\Agenda\2008\9-23\ORD-abandon-vacateUtilEasement-RSSmithAssoc-South E ndAdd n.doc L ! O z j 0 0 e 2 0 0 .1 La cn 6 to CNI 0 tn /LWOW ONO ��»wazl a uti ID n in 0.1 CO } in 2 uti d 0 A 5.0 FOOT UTILITY EASEMENT Completion Dote: { 0 | { NI cn on ,