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Home My WebLink About028079 ORD - 02/24/2009Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 34,198 -SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF PADRE -STAPLES MALL, BLOCK 1, LOT 1A, AND MT. VERNON SUBDIVISION UNIT 1, LOT B3, NORTH OF AND ADJACENT TO THE SOUTH PADRE ISLAND DRIVE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, CORPUS CHRISTI RETAIL VENTURE LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Corpus Christi Retail Venture LP ("Owner"), is requesting the abandonment and vacating of a 34,198 -square foot portion of an existing utility easement out of Padre -Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right-of-way, in order to allow future expansion of the La Palmira Mall over the existing utility easement. The easement to be abandoned and vacated is located in a "B-4" General Business District WHEREAS, with proper notice to the public, public hearing was held on Tuesday, February 24, 2009, 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 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 34,198 -square foot portion of an existing utility easement out of Padre -Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right-of-way, as recorded in Volume 52, Pages 123-125, and Volume 51, Pages 92-104 of the Map Records of Nueces County, Texas, and Volume 1288, Page 498 and Volume 2066, Page 962, of the Deed 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 Sec. 49-12, Code of Ordinance, because Owner is dedicating a utility easement of equal or greater value to off -set the proposed abandonment and vacation of the 34,198 -square foot utility easement. 2) The Owner shall dedicate a utility easement and relocate the City's gas line within the easement at Owner's expense. 028079 C:\DOCUME-1 \Jeannie\LOCALS-1 \Temp\ORD-abandon-vacatePadre-StaplesMall-UtilEasement 02162009r.doc Page 2 of 3 3) The Owner shall abandon and grout the old sanitary sewer line, at Owner's expense. 4) The Owner shall dedicate a new utility easement, relocate the existing water lines from within the existing easement to the new easement at Owner's expense. The Owner shall submit construction plans to the City Water Department for review and approval that show how the water main will be looped, prior to the closure of the utility easements. 5) The Owner shall pay to reroute or relocate AEP's existing underground electrical facilities. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 7) 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. 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 24th day of February, 2008. ATTEST: Armando Chapa City Secretary APPROVED: February 16, 2009. R.?lay Ining First sistant City Attorney For City Attorney CITY 0 CORPUS CHRISTI enry Garr Mayor, City of Corpus Christi C:\DOCUME-1\Jeannie\LOCALS-1\Temp\ORD-abandon-vacalePadre-StaplesMall-UtilEasement 02162009r.doc Page 3 of 3 Corpus Christi, Texas l� �� Day of (� �j , 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 U Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028079 C:\DOCUME-1 \Jeannie\LOCALS-1 \Temp\ORD-abandon-varatePadre-StaplesMall-UtilEasement 02162009r.doc 5, 5, ',A£ �.•�_6f5 5120 /t 7055 /f�1f T\ \069 7i 052 t &250 5492 Lot 14, Block:1, Padre Staples Mall & Lot B3, Mt Verrion.Subdivision, Unit 1/ Easement -Closure /t 34.419 sq. -ft:. i J a4 vS3 o,P \\\ tS \ \ C ..7to -'-,,,,. Htt. ,aR 1. 5425 J/ / 0 \5502 1 st25 / Mls 156 300 Proposed Easement Closure Docket # Easement Closure Fxhibit A P.O.C. la LOT 8-3 �(j-1-15' UTtIIY EASEMCNI LOT 2-A. BLOCK 1 •l SUBDIVISION VOL.51, PG. 104, MRNCT k S1 PADRE STAPLES MALL iFIs. ulnare EASTNENT VOL 52, PG. 123-125, --1 vO.. 51. PG 104, WING! MRNCT Ii (TO BE ABANDONED) 1 1\RIOP0S100 LOT LINE 1 UNIT NO. 1 VOL. 51. PG. 10d, MRNCT P.0 1479'0304a 247.15 04's owia I 10' 1.1111.11v EASEMENT VOL. 52. PD 123-125, MRNCT L(TO BE ABANDONED) 10' U1UTY EASEMENT V0.. 1286. PG 498. ORNCT (To BE AIM DOICO) I20' UTILITY EASEMENT (40 8E ASANOGIE0) [T r ( I I 10' UTUTY EASEMENT VP. 1288, PD. 498. ORNCT (TO BE ABANDONED) 10' UIUTY EASEMENT VOL. 52. PG 123-125. MRNCT (t0 8E ABMCa4t0) LOT 1-A, BLOCK 1 PADRE STAPLES MALL VOL 52, PG. 123-125, MRNCT 10' UMIIY CASEMENT VOL. 52. P0. 123-125 MRNCT (TO BE ASANOONEO) 10' UTLITY EASEMENT VOL 1288, PG. 496, ono (T0 BE AaAND0NE0) 10' UnUTT EASEMENT, VOL. 2066. PG 962, OAICI (10 9E ABAN0aNE0) 10' MIT EASEMENT VOL. 52, PG 123-125, MRNCT (TO BE ABANDONED) II )/— L 10' NUTTY EASEMENT a. 1268. PG. 498. ORNCI (TO 9E AB,wooNED) 1/( SP II AN� 5 �" I 10' ufnlTY (*SOON! on^.R I nJVOL 52. PC. 123-125, MRNar a% -•J(1 I J to 9E ADANOG,tO) Ffi20' UDUTY EASEMENT nn tatttbv34. 1266, PG. 496. ORNCI 0 75 150 GRAPHIC SCALE: 1' - 150' DRNCT MRNCT P.O.C. P.O.B. (Cu) BMON VOL. PG. NO. • LEGEND • DEED RECCR05, NUECES COUNTY, TEXAS MAP RECORDS. NUECES COUNTY, TEXAS PONT OF COMMENCING PON1 OF BEGINNING CONTROL MONUMENT BRASS MONUMENT VOLUME PACE NUMBER RIGHT-OF-WAY Preliminary This document shall not be recorded For any purpose. For Review Purposes Only David J De Windt, RP.L.S. Registration No. 5066 JANUARY 23, 2009 EASEMENT CLOSURE UMUTY EASEMENTS SITUATED IN LOT IA, BLOCK 1, PADRE—STAPLES MALL VOL 52, PG. 123-125, MRNCT, & LOT 83. MT. VERNON SUBDIVISION, UNIT NO. 1, VOL 51, PG. 104, MRNCT, CITY OF CORPUS CHRIS11, NUECES COUNTY, 'TEXAS SCALE: 1' - 150' DRAWN: RDR DATE: 01/23/09 PAGE: S OF 5 -\SUR\30411-10\SURV\3111-10- (SAT -E CIArr9 welled by doom NM al an 23. 2039 - 6:26Par