The URL can be used to link to this page

Home My WebLink About028982 ORD - 03/08/2011ORDINANCE ABANDONING AND VACATING A 10,541.52 - SQUARE FOOT PORTION (0.242 ACRE) OF AN EXISTING 15 -FOOT WIDE UTILITY EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF LOTS 23 AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358) STATE RIGHT-OF-WAY; REQUIRING THE OWNER, WAL-MART STORES TEXAS, L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Wal-Mart Stores Texas, L.P. is requesting the abandonment and vacation of a 10,541.52 - square foot portion (0.242 Acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, located south of the South Padre Island Drive (SH 358) state right-of-way, in order to relocate existing easements in connection with the development and future construction of a Wal-Mart store over the existing easement area at Lexington Industrial Center. The easement to be abandoned and vacated is located in a B-3 Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 8, 2011, 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 — Easement Abandonment Plat, Exhibit B- Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 10,541.52 - square foot portion (0.242 Acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 & 30, as recorded in Volume 37, Page 9 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) Since Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) City Wastewater requires that all City sanitary sewer utilities be relocated at Owner's (Wal-Mart Stores Texas, L.P.) request. Further, prior to any sanitary sewer utilities being relocated, Owner must construct a new Lift Station, Force H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour BlufflA.3-1- 1 I ORD.A& VEsmt. (0.242Ac. ).D WB.Final.docx 028982 INDEXED Main, and sanitary sewer gravity line to provide service to all adjacent and surrounding properties. 3) Owner is responsible for any and all utility relocation and relocation fees for all public and franchised utilities within the closure request area and the dedication of any appropriate utility easements that are required. 4) Owner is responsible and required to dedicate utility easement(s) during the replatting process, if any new public utilities are required prior to construction of the proposed building. 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 closure 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 permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 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 ce is passed and shall take effect upon first reading as an emergency this the day of -740A. CC , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe ame Mayor, City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. CZ, eborah Walther Br, Assistant City Attor For City Attorney H:ILEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour 131uff1A.3-1- 11 ORD.A& V Esmt.(0.242Ac. ).D WB.Final.docx Corpus Christi, Texas Day of AAA_ , 2011 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, Joe Adarne Mayor Council Members The above ordinance was passed by the following vote: Joe Adame J)SY"�!t- Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda13-8-1 I\Walmart-Flour BlufflA.3-1- 11 ORD.A&VEsmt.(0.242Ac.).D WB.Final.docx 028982 0 ir 1 E h i211 Ph 0 - t f y ag,§g re' all1 Oil 1 y 1:11iiii N M ! 4 �1i , 3/1!00 Lima a 811073 0 0 7,0100 10 N 4 0 0 0 .J .tam 8tztlq. ile§ I1 .16 � N r h k � Igg c,Upap xµ% cd cd 1/41 ira3. a 1 W n z. t Hd0ON 999900100d# 000 "in 37VS370NM ONVISI 3?l0Vd HHAOS .01 '7V 13 ''ON118VN r VOLAR 1 N 1'1 Od `i1' 704 2131N33 7V11ISf0NI NOIONIX37 91 107 z eki K) 0 N Z ' h O°) J F— O 0- J Z to <(f) Z v>I- o wwz < U O CO Q 0 q WJc w ~w W FDZ a W ▪ ELS W O 00 d Z ry N N O 5 Lj AQ41i7i$Yl%f Q.i.il5 Cl i Ihn ler Pte 006, 5nf,1a .cr,. 7 I1 P fr1V.r)'1 If17-k1:7 ! nL1LATNf1OM!111NgIA1' I 1)L'iW 707 !1c1 r1'/ L7_12 IV3.11 AIlWNlnThIW9H WgUaS11l11.L 4A!Ingifi/MJ IHL3iW. METES AND BOUNDS DESCRIPTION 0.242 ACRE 15' UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.242 acre of land in Nueces County, Texas, being all of a water line easement of record in Volume 1552, Page 744, of the Nueces County Deed Records (NCDR), crossing a portion of Lot 23 and 30, Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, of the Nueces County Map Records (NCMR), which was conveyed from Temet Properties, Ltd., to Wal-Mart Stores Texas, LP., by an instrument of record in Document #2006041816, of the Nueces County Official Public Records (NCOPR), said 0.242 acre being more particularly described by metes and bounds as follows, basing Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South Zone, to wit: COMMENCING FOR REFERENCE at a 518" iron rod found marking the south corner of Lot 30 and east corner of a tract which was called 3.812 acres and conveyed from Robert C. Wilkerson, Dist Dir, IRS, to Gene Allen, James R. Cameron and Roger D. Rape, Volume 2166, Page 869, NCDR, Tying in the northwest right of way (R -O -W) line of Flour Bluff Drive; THENCE N 28°33'13"E, 10.00 feet along the common line of said Wal-Mart tract and Flour Bluff Drive to a point for south corner and PLACE OF BEGINNING of the tract described herein; THENCE departing Flour Bluff Drive, N 61°27`511N, 703.20 feet along a line parallel to and 10.0 feet from the common line of said Wal-Mart tract and said Allen tract to a point for west corner, lying in the common line of said Wal-Mart tract and Lot 19, Lexington Industrial Center, a subdivision of record in Volume 60, Page 58, NCMR, which was conveyed from L Anderson Properties Inc., to Wal-Mart Stores Texas, LP., by an instrument of record in Document #2010038654, NCOPR; THENCE N 28°32'33"E, 15.00 feet along the common line of said Wal-Mart tract and Lot 19 to a point for north corner; THENCE S 61 °27'51"E, 703.20 feet along a line parallel to and 25.0 feet from the common line of said Wal-Mart tract and said Allen tract to a point for east corner, Tying in the common line of Lot 30 and Flour Bluff Drive; Page 1 of 2 INDEXED METES AND BOUNDS DESCRIPTION 0242 ACRE 15' UTILITY EASEMENT ABANDONMENT Page 2 THENCE S 28°33'13"W, 15.00 feet along the common line of said Wal-Mart tract and Flour Bluff Drive to the PLACE OF BEGINNING, Containing 0.242 acre of land, more or less. A certified plat has been prepared under the same job number as a part of this professional service. T xwell Professional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75604 Engineering - Architecture w Surveying Job No. 2154-015 Date: February 14, 2011 Page 2 of 2 Da,_.R 201 1010 73 2 i Pages 9 03/29/9011 8R57AI1 CIERTIFiCACTOZag,°Off rds• az' DIANA T. BARRERA COUNTY CLERK Fees $47 00 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. 028982 passed and approved by Corpus Christi City Council on March 8, 2011 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 11th day of March, 2011. Armando Chapa City Secretary Corpus Christi, Texas (SEAL) I ) II i; ;l 1 1 2011 i l ..E COPY LI-e_ i 1\( To1.1 -TJD. C`TPJ ti5 W►nE U-t t u rr Y €_ Ni Duct 201 lijrgl.r.f72 Poses 9 03/29/2011 3:57AM Official Records of NIECES COUNTY DIANA T. BAKRERA COUNTY CLERK Fees $47.00 Any nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Races. Color, ReIiyion, Sex, Hun6icon, Familial Status, or National Orisin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF HQECES l hereby certify that this instrument wos FILED in file number senuence on the dote umd at the time stumned herein by me, and was duly RECORDED |n the Officio) Public Records of Nueces County, Texas Diana T. Dorreru in i� ~ Qlty of Corpus Christi pevglopriient Services/ C 240§1,000.4d, Suite 100 Corpp.$ Chrieti, TX 73408