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HomeMy WebLinkAbout028343 ORD - 10/13/2009Page 1 of 1 ORDINANCE ABANDONING AND VACATING A 4,670.17 -SQUARE FOOT PORTION OF A 15 -FOOT WIDE UTILITY EASEMENT OUT OF WOOLDRIDGE CREEK UNIT 8, BLOCK 1, LOT 1B, LOCATED SOUTH OF THE HOLLY ROAD PUBLIC RIGHT-OF-WAY, AND EAST OF AND ADJACENT TO THE NODDING PINES DRIVE PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNER, HOLLY AIRLINE 200, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Holly Airline 200, Ltd., is requesting the abandonment and vacating of a 4,670.17 -square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1B, which is located south of the Holly Road public right-of-way, and east of and adjacent to the Nodding Pine Drive public right-of-way in order to allow for the future development of an apartment complex over the existing utility easements. The easement to be abandoned and vacated is located in a "B-4" General Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 13, 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 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 4,670.17 -square foot portion of a 15 -foot wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1B, as recorded in Volume 67, Pages 324-325 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) Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12 because Owner has dedicated by plat a new utility easement (25,910.27 -square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 4,670.17 square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:\LEG-DI R\Shared\LEGAL-DEV.SVCS\2009 Agenda \10-13\ORD-abandon-vacateUtilEasement-WooldridgeCreek.doc 028343 INDEXED Page 2of2 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 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 ordina ce is passed and shall take effect upon first reading as an emergency this the j -day of October, 2009. ATTEST: Armando Chapa City Secretary APPROVED: October 6, 2009. CtAl.//aAcllagL&dft- eborah Walther Brown Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi H: \LEG -D I R\S h ared\LEGAL-DE V. S V CS\2009 Age nd a\10-13\ORD-abandon-vacate Util Easeme nt-Woo IdridgeC reek. d oc Page 3 of 3 Corpus Christi, Texas 'St Day of 0_L'.r6YJUt , 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, Joe Ad9raat iia Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. _ Kevin KieschnickP Priscilla G. Leal P John E. Marez Nelda Martinez ,(_ Mark Scott H: \LEG -DI R\Shared\LEGAL-DE V. S V CS\2009 Agenda \10-13\ORD-abandon-vacateUti I Easeme nt-W ooldridgeCreek.doc 028343 th1mmtommialimaW i spownipiroworawittamin v -,� - r t �., 10W9rt C t� 6Ne�6lP O60eeetiEe .0066— s1102SLf5 .4. Doc# 2009047354 ORIGINAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 028343 passed and approved by Corpus Christi City Council on October 13, 2009 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 30th day of October, 2009. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas (,t(t.\:_cH)A) JA.A.4% DIANA T. BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 212109047,354 # Pages 6 11/24/2009 9:12AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 /City of Corpus Christi Development Services! ORIGINAL Special Services 2400"Leopard,Suite 100 Corpus Christi,TX 78408