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.
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028343
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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
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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
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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