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Home My WebLink About028534 ORD - 03/30/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,802 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF GARDENDALE UNIT 1, BLOCK 6, LOT 10D, LOCATED APPROXIMATELY 260 FEET NORTH OF THE CAIN DRIVE PUBLIC RIGHT-OF-WAY, ADJACENT TO THE S. STAPLES STREET PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNER, MR. BENITO BARRERA, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. Benito Barrera (Owner), is requesting the abandonment and vacating of a 2,802 -square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, which is located approximately 260 feet north of the Cain Drive public street right-of-way, adjacent to the S. Staples Street public right-of-way, in order to allow for the future development of a new commercial structure over the existing utility easement. The easement to be abandoned and vacated is located in a "B-1" Neighborhood Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 30, 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 2,802 -square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right-of-way, adjacent to the S. Staples Street public right-of-way as recorded in Volume 47, Page 206 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) That the Owner pay the fair market value of $ 6,192.00 for the abandonment and vacation of the total 2,802 -square foot portion of the 10 -foot wide utility easement prior to closure going to City Council. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 328534 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\Ord-abandon-vacate-utileasement-Gardendale Unit 1-Barrera.doc INDEXED Page 2 of 3 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 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 ordina r ce is passed and shall take effect upon first reading as an emergency this the D-day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: Marcho 4,201 0. eborah Waltham Bro Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\Ord-abandon-vacate-utileasement-Gardendale Unit 1-Barrera.doc Page 3 of 3 Corpus Christi, Texas +L Christi, ofsaA4-1 , 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, 'LZ(A7 Joe A Mayor 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 /411C A Mark Scott 028534 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\3-30-10\Ord-abandon-vacate-utileasement-Gardendale Unit 1-Barrera.doc SITE MAP N.T.S. URBAN ENGINEERING 2725 SIIIVIRIX CORM Min 1EYAS 78404 060851-5101 For 6180854-8001 • EXHIBIT A DATE: JAN. 111 2010 SCALE: 1°2E50 JOB NO.: 41668`00.00 SHEET: 2 OF 2 DRAWN BY: DL * Janssen 4 a� o o 3 a • Park jti U • Os' c oo 0 Y t3 o N m gelrne°de Pv'2 CO - u m obalo 'c s , u a 2 i 0�5 d co u� m a o P°µ Cordelia �� o Trixie o n E o ° 3 ° _0 NIIIIII° Mcardle J J 3° N 0 o c in ° - o a _E = �etn°C o (II ��Pot * Winston M Vernon v. 4.0 - 10 South Podrm Bette South Villiams C ° o °. O 4 3 co 0 a) -o drucewood o °a c I Clore wN Curtis Clark Joliet 0�t°��::o ekoo' Aspenwoo• 0°c‘ - °c‘- Beechwood Jolene Vincent _ c v c o G\e' Bonner Erskine Pie°� oo a - m `e Tanglewood 1 ?or* o c ;oin • z °' °\e e(a Cain 3 r E a t.,`-} tP°tw Glen Arbor - .9 d g Lucinda o Woodhcven g Holly — — o c Bromley Narylonds " 1 1 / entworth ego° m Fia°, o o �, r a Romford Crestwick °y P i _ = N ao 0 o z Capitan p Mea Burnham w l ° -' �'� Wilde •ck Crestwick Fuiwell co e innomon •o s 6 01 mpio La Costa ili. illSt Peat cw Land P° i 0 0 Knotty oks cv Lon G sty Meadow �oi- o% R.Yatt0n Su•ar Q o u Sto o P y✓hitem' o orsh Lost Creek c.) o .� 4 rook >d Gt -1- i n ,Cotta = ii i o o o ti' y oi.ridge , I Wo x '7,5=.Beck ord Grt` Sarozer, o 0 d 0 a `o G°<Poir`1 G\J o ° 3 Co"o Copp-dge _ Go°� Greenbrior The Esplanade = " o Durant ichau River N B ode cn o Oaks s o Kin URBAN ENGINEERING 2725 SIIIVIRIX CORM Min 1EYAS 78404 060851-5101 For 6180854-8001 • EXHIBIT A DATE: JAN. 111 2010 SCALE: 1°2E50 JOB NO.: 41668`00.00 SHEET: 2 OF 2 DRAWN BY: DL * L Dc ,s 2010024517 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. 028534 passed and approved by Corpus Christi City Council on March 30, 2010 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 14th day of May, 2010. 4II Armando Chapa City Secretary h. ' Corpus Christi, Texas , • - - . . Doct 2010024517 Pages 8 07/01/2010 11:04AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera (Lis;2;,„\ 0.4 JL014.,_ ) �� . 6:41201 City of CoChristi