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
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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
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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
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Country Club Estates Unit 19
Vol. 42, Pg. 80, Map
records of Nueces County, Texas
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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