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HomeMy WebLinkAbout028492 ORD - 02/23/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 83,093.75 -SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF PARKDALE SHOPPING CENTER, BLOCK AR, LOCATED NORTH OF AND ADJACENT TO THE GOLLIHAR ROAD PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNER, PARKDALE INCOME PARTNERS, LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Parkdale Income Partners, LP (Owner), is requesting the abandonment and vacating of a 83,093.75 -square foot portion of an existing utility easement out of Parkdale Shopping Center, Block AR, which is located north of and adjacent to the Gollihar Road public right-of-way, in order to accommodate the future re -development of Parkdale Plaza Shopping Center. 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, February 23, 2010, 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 83,093.75 -square foot portion of an existing utility easement out of Parkdale Shopping Center, Block AR, located north of and adjacent to the Gollihar Road public right-of-way, as recorded in Volume 41, Page 158 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 will be dedicating a new utility easement of equal or greater value to off -set the proposed abandonment and vacation of the 83,093.75 -square foot utility easements. 2) The City Water Department is requiring a new 15 -foot utility easement for proposed waterline construction. A temporary utility easement by separate instrument will also be required for the public water mains that will remain active during project construction. 028492 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\2-23-10\Parkdale Shopping Center-abandon-vacateUtilEasement.doc INDEXED Page 2 of 3 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 4) 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 Assistant City Manager for Engineering and 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 ordi an is pa s d and shall take effect upon first reading as an emergency this the'S ay of fe i , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ame City Secretary APPROVED: oZ/,.,L, . 2010. eborah W. Bro Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\2-23-10\Parkdale Shopping Center-abandon-vacateUtilEasement.doc Page 3 of 3 Corpus Chrjsti, Texas Day of , 2010 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, Mayor 2mJoe Ad e Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\2-23-10\Parkdale Shopping Center-abandon-vacateUtilEasement.doc