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HomeMy WebLinkAbout028180 ORD - 05/26/2009Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 625 -SQUARE FOOT PORTION OF AN EXISTING 5 -FOOT WIDE ELECTRICAL EASEMENT OUT OF COUNTRY CLUB ESTATES UNIT 19, BLOCK 2, LOT 7, LOCATED ON THE SOUTHEAST CORNER OF THE SARATOGA BOULEVARD AND ACUSHNET DRIVE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, SARATOGA VILLAGE PARTNERS, LLC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Saratoga Village Partners, LLC. (Owner), is requesting the abandonment and vacating of a 625 -square foot portion of an existing 5 -foot wide electrical easement out of Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street right-of-way. The easement to be abandoned and vacated is located in a "B-4" General Business District; and WHEREAS, the closure of the electrical easement is necessary for the re -platting of the property. The existing electrical easement in its present location would cut one of the lots involved in the replat, in half; and WHEREAS, all public and franchised utilities were contacted. AEP and AT&T were the only franchised utility companies with facilities within the electrical easement. No other city departments or franchised utility companies had any facilities within the electrical easement. AEP and AT&T had no objections, but will seek reimbursement if adjustments to their facilities become necessary; 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 electrical easement, subject to the provisions below. (See Exhibit A - Proposed Easement Closure & Exhibit B - Easement Closure Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 625 -square foot portion of a 5 -foot wide electrical easement out of Country Club Estates Unit 19, Block 2, Lot 7, located on the southeast corner of the Saratoga Boulevard and Acushnet Drive public street right-of-way, as recorded in Volume 43, Page 160 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 electrical easement is conditioned upon Owner's compliance with the following: A.) That the Owner pay the fair market value of $1,565.00 for the abandonment and vacating of the total 650 -square foot portion of the 5- 028180 H:\LEG-D I R\Shared\LEGAL-DEV. SVCS\2009 Agenda \5-26\Ord-CountryClu b EstatesElecEasmt-Sa ratogaVillagePa rtne rs.ORD. d oc Page 2 of 3 foot wide electrical easement prior to closure going to City Counsel for approval. B.) Owner must comply with all the specified conditions of the ordinance within 360 days of Council approval. C.) 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 ordinan a ispas ed and shall take effect upon first reading as an emergency this the o2(Pay of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa V Joe Adame City Secretary APPROVED: May 18, 2009. y�R First Assistanty For City Attorney it Attorney eining Mayor, City of Corpus Christi H:\LEG-DI R\Shared\LEGAL-DE V.SVCS\2009 Agenda \5-26\Ord-CountryC I ubEstatesE IecEasmt-Sa ratog aVillagePartne rs.ORD.doc Page 3 of 3 Corpus Christi, Texas c261A Day of , 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, Joeadame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler %J1 Brent Chesney GG Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028180 H:\LEG-DI R\Shared\LEGAL-DEV. SVCS\2009 Agenda\5-26\Ord-Cou ntryClubEstatesE IecEasmt-Sa ratogaV i I lage Pa rtners.ORD.doc 4802 e A4 OG A el i1 O Lot 7 Bik 2. Country Club Estates Unit 19 Easement Closure 625 sq. ft. h4. /sr Opp tN 4737 4612 4622 010 050 100 et Proposed Easement Closure Easement Closure Dolt union Alt EMVNelllta 8112.CaMyCW E4ilea 1M iliVa OF_Canty_Cle_bhletUM_IO.rvd Repre0 Di: OS °ly of Caen. Min eev.lepllleel 6eM:n 'LOCATION MAPL Exhibit A 0 m reenboro I I IWeisko Nicklots Hebert 3earc ! Acushnet co Coodv 'J ' —Hogan c Sneod v Meanderlflq 2 wing(,, Long M a66e" er.anser 1 ,9gt 0 Saratoga Boulevard Adair g J t —t d Middlecoff Golden Hu le n dow 0 0 Pressler Fox Pun 8- r a Snowgoose c$, 30' 30' Greensboro Drive E toi 0 d � o Inve B\ Mo lntain of Trsil r o''i c., ' Wing Timberq?te 0, b Cain. N ,- u ,i,i_ 1 kle T..r,„ (State Highway 357) Saratoga Boulevard (State Highway 357) Point of Beginning Fd. 5/8" I.R. Site Map S61'29'30'E 5.00' b N61'29'30"W 115.00' 8 Lot 3, Block 2 Country Club Estates Unit 19 Vol. 42, Pg. 80, Map records of Nueces County, Texas I to Map to Accompany JP •s.g_ for M. sawn of on rod eas meat out of lot 7, 8bat & Cm* Ckb £SSS (M 1it o map of ankh b stolid it wow Al Per 164 Rigor* of Ma Cowls Taos N61. 9 30"W 5.00' Lot 8, Block 2 Country Club Estates Unit 19 Vol. 43. Pg. 160, Map Records of Nueces County, Texas URBAN ENGINEERING 4715 SWIM LWmasa 717445 78404 6r671�W-5401 rat (Jel11W-074 Exhibit 13 DATE: Feb. 26, 2009 SCALE: 1"=40' JOB NO.: 09021.A8.00 SHEET: 1 of 1 DRAWN BY: XG o 2009 by Urban Engineering