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HomeMy WebLinkAbout028718 ORD - 08/17/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,246 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF GARDENDALE UNIT 2, BLOCK 5, LOTS 18-19, LOCATED JUST WEST OF THE SOUTH STAPLES STREET PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNER, A. C. GILMORE JR. AND WIFE, CLYDELL H. GILMORE, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A.C. Gilmore Jr. and wife, Clydell H. Gilmore, are requesting the abandonment and vacation of a 2,246 -square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18-19, which is located just west of the South Staples Street public right-of-way, to allow for the future construction and development of a new commercial structure over said easement. The easement to be abandoned and vacated is located in a "B-1" Neighborhood Business District (Lot 18) and "B-1/SP" Neighborhood Business District/Special Permit (Lot 19); and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 17, 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 2,246 -square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18-19, 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 $7,850.00 for the abandonment and vacation of the total 2,246 -square foot portion of the 10 - foot wide utility easement prior to closure going to City Council. 2) AEP has existing electrical facilities and will require that the owner pay for any rerouting or relocating of its electrical facilities and easement dedications, if required. 028718 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda18-17-1 D1ORD-abandon-vacateUtilEasement-Gilmore-Gardendale.doc INDEXED Page 2 of 3 3) AT&T has no objection to the closure of the easement, but will require that the owner bear the financial responsibility for the relocation of all facilities currently in the easement. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) 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 d 'nance is passed and shall take effect upon first reading as an emergency this the day of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Py /( , 2010. eborah Walther Br Assistant City Attorney For City Attorney Joe: dame Maiyor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-I]EV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Gilmore-Gardendale.doc Page 3 of 3 Corpus Christi, Texas )76- 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, 71,zeid irt-vott,„ Joe Ad"ame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney —4L7— Larry Elizondo, Sr. 4d"9 Kevin Kieschnick —An"— Priscilla G. Leal —49f—A John E. Marez i Nelda Martinez Mark Scott 0287.18 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Gilmore-Gardendale.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Voss Engineering, on behalf of Kenneth Todd Olson and Maria Garza Olson ("Owners"), is requesting the abandonment and vacation of an 87.90 -square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, due to the encroachment into the utility easement by a swimming pool constructed by the Owner within said easement. A building permit for the construction of the pool was issued, but inspections were never scheduled by the Owner. The easement to be abandoned and vacated is located in an "R-1 B" One Family Dwelling District. The swimming pool foundation has a maximum 2.2 foot encroachment into the 7.5 -foot wide utility easement. The existing easement width will be reduced to 5.3 -feet in width. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the easement. The Owners must comply with the specified conditions of the Ordinance. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at owner's expense. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $230.00 for the abandonment and vacation of a 87.90 -square foot portion of a 7.5 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation, Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A 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. 028718 passed and approved by Corpus Christi City Council on August 17, 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 20th day of August, 2010. tfi a, IP Armando Chapa City Secretary Corpus Christi, Texas (SEAL) • • ' ' . Doc 20100322 7 -4: Pages 8 08/26/2010 12:24PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Any nrovision herein which restricts the Sule? Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera 0.444.404,) �' . 60,0f44,0„,./ ~ / qify of Corpus Cons • • • • 0437 C 5337 5501 R r/ drr C 5505 9,p 5509 O� 5513 537( 5517 N5525 I V 5521 5401 W E 5508 S Gardendale Unit 2 Lots 18-19, Block 5 Easement Closure .34 X2246 sq. ft. 5510 5402 5417 ♦r *;4` 5510 h Ne 4Ilco y BO 5444 N ss ,I e 5517ScR OR 5521 5525 5501 5609 0 50 100 ,-Ai. ,,? 5,,,--,,,- �' r; , i Feet ,, z Gardendale Unit 2 Lots 18-19 Block 5 :-?4,e,',..'''".---,�� R© , �7` 4'' , `i h _, ,�.'X[,, •,,,'t ,te Easement Closure "•� ,.:1-----..,,,,,<<:;„ --/ 4-rr mow' 1'''',4?,•, -,''';','[5,/f.. 1;',-,6-.:rr yam. --i': ',..��'t,�.�.`,� --'•.,,>i,,,-,>,<.> ,34'410.�'i'°,� K``.,s�EASE141ENT �,''-7,-V,4,--,'> ,-, 7,-,.�'�� �w po. ` ,y,„`�.t LOCATION Easement Closure ` ° / Date / •••,. ..„,,,,,,,,,,z. :8/03/2010 '; ` �.r^y\�j h ` S�. N< •-'.;?, .$ Z. City Of File:E14WillieAGardendale Unit 2 Lots_18-19 Block 5.mxd ,,,xs , K I 5 c ' 'r'P p Prepared By:DS — — `.': �' s•v C.n `r ti ^>?° 'r.- Corpus City of Corpus Christi Development Services-GIS LOCATION MAP L;c A r;'� J \ >w y o Christi