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Home My WebLink About028078 ORD - 02/24/2009Rage 1 pf 3 AN ORDINANCE ABANDONING AND VACATING A 10,033.21 -SQUARE FOOT PORTION OF PORTION OF AN EXISTING UTILITY EASEMENT OUT OF BOAT HOLE MARINA, LOT 1, BLOCK 1, SOUTH OF THE SKIPPER LANE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, S & G MARINA, L.L.C., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, S & G Marina, L.L.C. (Owner), is requesting the abandonment and vacating of a 10,033.21 -square foot portion of an existing utility easement out of Boat Hole Marina, Lot 1, Block 1, south of the Skipper Lane public street right-of-way, in order to allow for the re -development of the Boat Hole Marina property over the existing utility easement. The easement to be abandoned and vacated is located in a "1-2" Light Industrial District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 10, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; 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 10,033.21 -square foot portion of an existing utility easement out of Boat Hole Marina, Lot 1, Block 1, located south of Skipper Lane public street right-of- way, as recorded in Volume 64, Page 187 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) Payment of fair market value is waived under Section 49-12, Code of Ordinances, because Owner is dedicating a utility easement (20,420.87 - square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 10,033.21 -square foot utility easement. 2) The City Gas Department's existing 2" gas line is being abandoned in place and a gas meter must be installed at the Skipper Lane south right-of-way line, at the Owner's expense. 3) The Owner shall dedicate a new utility easement, relocate the existing 8" and 12" sanitary sewer lines from within the existing easement to the new 028078 C:\DOCUME-1 Ueannie\LOCALS-1 \Temp\ORD-abandon-vacate-BoatHoleMarina-UtilEasement 02162009.doc Page 2 ,of 3 easement; and abandon and grout the old sanitary sewer line, at Owner's expense. The new sanitary sewer lines and utility easements must be designed, reviewed, constructed, and accepted by the City of Corpus Christi Development Services Department, Engineering Services Department, and Wastewater Department prior to the abandon and removal of the existing 8" and 12" sanitary sewer lines. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) 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 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 10th day of March, 2009. ATTEST: Armando Chapa City Secretary APPROVED: February 16, 2009. 0), R.,day Ijkining First Assistant Ci Attorney For City Attorney CITY OF CORPUS CHRISTI enry Ga ett Mayor, Ci y of Corpus Christi C:\DOCUME-1Ueannie\LOCALS-1\Temp\ORD-abandon-vacate-BoatHoleMarina-UtilEasement 02162009.doc Page 3of3 Corpus risti, Texas G I Day of ,445./WA i t) , 2009 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 Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028078 C:\DOCUME-1 \Jeannie\LOCALS-1 \Temp\ORD-abandon-vacate-BoatHoleMarina-UtilEasement 02162009.doc 23T 228 229 as 218 Easement Dedigation 11,587.55 sq. ft. Boat Hole Marina Easement Dedication 81133.32 sq. ft. pf 0 100 2 Feet Proposed Easement Dedication Boat Hole Marina Lot 1 Blk 1 V/////2 Easement Dedications 15- foot wide 12/15/2008 Darters 5 Dt.elopnant Service EIAWnlelsmt Hole Marina Lot 151:ck 11eoaLHab Manna 1.011 131:a 1 raid C �: •, -Fq �yy� �Ag-:pF ,°94 84 Q a50 rN t' "QW 1LOCATION MAP EASEMENT LOCATION rNrli City of Corpus Christi Exhibit A u' u 1 A I Bleck e 1 D' LL1 Fleur Bluff Heights -- —Vol. 55. Pg. 151. Ns Record.. Nunes County. Tool Let 16 I lot, 2 l Lot 16 Skipper Lone saran r. 3/2' 0 LL r r Te ,x7 Lot 1. Block 1 RCyasa 'it BMI NI6'1.'l1Y 6ao0• ra T w\ ra. e/ew i1 13' V Lets, lock 1 Baal Hao Moine Vol. 64, Pe 167, Igo Rice,* Mom rants Toms C4 lV 10' us��iii S60'58'00'e' 240.92' II X0.250 Iar (14031x1 ga. rt) N8018.00'W 240.98 Zone "A15 (E19)" Zone 'YIB(Ell 11.. N29'02'.00'E 251.95' u iInd Commenceman Ie aw IS erste] c0 * 100a0 sets 4'20"E 261s7 tri 8 TA I $b,nroIBe(WWIl Jester Street L2 Easement Closure CURVE DELTA ANGLE RADIUS TANGENT C1 18'22'06' 50.00' 8.08' ARC LENGTH 16.03' ed k wir W C SCALE LAC KS a67AICE LI PQf340t ' WOO' 12 N60:16 XIV 15.00' Map to Accompany FIELDNOTES for the closure of a 15.00 loot wide dr 10 loot wide utility *moment out o1 Lel 1, Block 1, Boot Hole Marino, o map of which is recorded in Volume 64 Pope 187. Map Records of !braces County, Texas. [jpURBANr OCT.CT. 2 ENGINEERING NO.: 41201.A0.03 DD SWEAR rows 0016* 10%T 4404 SHS: 1 OF 1 (sINl�IMI rar ta:,wfs , ORAW' BY: RLG w«we 2F go. L _Ya -e lyyly Mess I6 rao�. o lel 16 fol 12 _ Let le —F Lt Skipper Lane sawn One . )/v Al w'AL. it:1i 135 My - 31111 r. ?re .m n. _fSLL __�__ NIL De We Zane. -A15(E191' Lot 1, wee1 ra 5/e' a r uL-4-711 bl 1. wee 1 Mro 16 r. RAMS Huss Cant% Ts dawn M15.00 feel ales & 10 feet ..e. M., ee.manl1 Zone VI8(EMIT 550'35'20"E 242.47' 1 1 1 1 L _1 20..0 5 1 SS0]1191 303.19' Poon ofsgrna¢ N50'35'20'W 257.57' snmorses;,w s L4 Oros T t Jester Street ow ❑- c SCALE 1. -Mt Llld 6LWMG 06/11KC 0 660'35361 MOO' II SNO2m118 MOO' LJ 56076.X1 1500' LI A503670161 1500' 15 foot wide Utility Easement Dedications URBAN1SCAL 13. 2005 SCALE OCT.C.2 ENGINEERING NO.: 4121.AB'03 am(/ f S i'7•404�WN BY iOelGeKk➢