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HomeMy WebLinkAbout028708 ORD - 07/20/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 1,509.327 -SQUARE FOOT PORTION OF A GROUND UTILITY EASEMENT, AND A 1,917.239 - SQUARE FOOT PORTION OF AN AERIAL EASEMENT, OUT OF TYLER SUBDIVISION, BLOCK 1, LOTS 2, 12, AND 13, AND TRACT B; REQUIRING THE OWNER BL REAL ESTATE HOLDING COMPANY, LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, BL Real Estate Holding Company, LP (Owner), is requesting the abandonment and vacation of a 1,509.327 -square foot portion of a ground utility easement, and a 1,917.239 -square foot portion of an aerial easement, out of Tyler Subdivision, Block 1, Lots 2, 12, and 13, and Tract B, in order to allow for the future construction and development over the existing easements. The easements to be abandoned and vacated are located in a "B-3" Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, July 20, 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 portions of the easements, 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 1,509.327 -square foot portion of a ground utility easement, and a 1,917.239 -square foot portion of an aerial easement, out of Tyler Subdivision, Block 1, Lots 2, 12, and 13 and Tract B, located adjacent and southeast of Claudia Drive, as recorded in Volume 35, Page 169, and Volume 32, Page 36 of the Map Records of Nueces County, Texas, are 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 easements are conditioned upon Owner's compliance with the following: 1) Staff recommends that payment of fair market value be waived in accordance with 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 1,509.327 -square foot ground utility easement and the 1,917.239 -square foot portion of an aerial easement. 028708 INDEXED Page 2 of 3 2) AEP has overhead electrical distribution facilities attached to AT&T owned poles and has no objections, but will require that the owner dedicate a new utility easement and that their facilities be relocated at Owner's expense. 3) AT&T had no objections, but will require that the owner dedicate a new utility easement and their facilities be relocated at Owner's expense. 4) The City Water Department has an existing water main in the easement and is requiring rerouting of the water main at Owner's expense. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 6) 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 ordinance is passed and shall take effect upon first reading as an emergency this the4,20 ay of & L , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe A me City Secretary APPROVED: 77 /ST 2010. eborah Walther Brow Assistant City Attorney For City Attorney Mayor, City of Corpus Christi Page 3 of 3 Corpus Christi, 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: Ilwe, 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 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 Mark Scott 028708