HomeMy WebLinkAbout028748 ORD - 08/31/2010ORDINANCE
ABANDONING AND VACATING A 10,803 -SQUARE FOOT PORTION
(0.248 ACRES) OF A 15 -FOOT WIDE UTILITY EASEMENT OUT OF
FARMER'S ROW SUBDIVISION, BLOCK 1, LOT 4, AND A PORTION
OF FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SECTION
10, LOTS 2 AND 15; REQUIRING THE OWNER, R. L. OWENS, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, R. L. Owens is requesting the abandonment and vacation of a 10,803 -
square foot portion (0.248 Acres) of a 15 -foot wide utility easement out of Farmer's Row
Subdivision, Block 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden
Tracts, Section 10, Lots 2 and 15, in order to allow for future development and
construction over the existing easement. The easement to be abandoned and vacated
is located in a "AB" Professional Office District and "F -R" Farm Rural District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
August 31, 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 10,803 -square foot portion (0.248 Acres) of a 15 -foot wide utility
easement out of Farmer's Row Subdivision, Block 1, Lot 4, and a portion of Flour Bluff &
Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15, as recorded in Volume 67,
Pages 333-334, and Volume A, Pages 41-43 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 $16,200.00 for the
abandonment and vacation of the total 10,803 -square foot portion of
the 15 -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.
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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 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 ordinace 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 Joe Ad`ame
City Secretary
APPROVED: August 24, 2010.
eborah Walther Bro
Assistant City Attorney
For City Attorney
Ncflp f�8
Mayor, City of Corpus Christi
Corpus Christi, Texas
Day of 14._
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 2010
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 AV' e
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
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