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HomeMy WebLinkAbout028983 ORD - 03/08/2011ORDINANCE ABANDONING AND VACATING A 10,715.76 -SQUARE FOOT PORTION (0.246 ACRE) OF AN EXISTING 10 -FOOT WIDE UTILITY EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF LOTS 19, 23, AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358), STATE RIGHT-OF-WAY; REQUIRING THE OWNER OF LOT 19, WAL- MART REAL ESTATE BUSINESS TRUST AND THE OWNER OF LOTS 23 AND 30, WAL-MART STORES TEXAS, L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Wal-Mart Real Estate Business Trust and Wal-Mart Stores Texas, L.P. (Owners), are requesting the abandonment and vacation of a 10,715.76- square foot portion (0.246 Acre) of an existing 10 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 19, 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 10,715.76- square foot portion (0.246 Acre) of an existing 10 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lot 19, as recorded in Volume 60, Page 58 of the Map Records of Nueces County, Texas, and 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 the Owners' compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: 1) Since Owners 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. 14:ILEG-DIR\Shared \LEGAL-DEV.SVCS12011 Agenda13-8-111Watmart-Flour Blutf1B.3-1- 11 ORD.A&VEsmt. (0.246Ac. )D WB.Final.docx 028983 NM .= 2) City Wastewater requires that all City sanitary sewer utilities be relocated at Owners' request. Further, prior to any sanitary sewer utilities being relocated, Owners must construct a new Lift Station, Force Main, and sanitary sewer gravity line to provide service to all adjacent and surrounding properties. 3) Owners are 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) Owners are 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) Owners 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 Owners 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 ordin ce is passed an shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Asame Mayor, City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. eborah Walther Brow Assistant City Attorney For City Attorney H:ILEG-DIRT Shared \LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluff1B.3-1- 11 ORD.A&VEsmt. (0.246Ac.)D WB.Final. docx Corpus Christi, Texas Day of Ptd. , 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: l/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, Council Members The above ordinance Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 1-1-elde-Age-ee Joe A ame Mayor was passed by the following vote: Ab54-aL, 7kvc- Av6-- H;U.EG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluft1B.3-1- 11 ORD.A&VEsmt.(0.246Ac. )D WB.Final. docx 0289$3 3/I1d0 3j878 Nn073 R 01 to a 4Al E60 13 _9t „. `-'w J 3 0 0 0 0 s 6227.51. 6 1073.32' 0 JdOON 9888001001 000 d 1 37V537011/11 ONY1S1 3II0Vd 11Lflos 01 '7V .13 .JNILNVH 1' VOW MYON 'f L Lad '11, 70A 11311433 7V91L.970N1 NOION1X37 9110'7 1 dRry g .61 M. W ._..1 0 z UQX Q LI CO LIC' LI J uJ •• N cc ^�o O a v t C., zwHTz W_.... zcz J 8P, et ir) In ��� as o tt1! ati 5 un Z Lu c Ci a a 4 D ta— IJJ a (0 gk3 o • re; to hi .v 11...5CC.stZ 0 n -5 t35 O QnrY Z 0 c a oCV g W V Q r. In N Oi O Z 1-- 0 Q0Z Q N 0- ZQM)¢ �(MJ W0zCD IJS > 4- z0 to ? >- o L()W Z h- Z3 ZZ m W�UUUt Q UW70 J I— w Li Z Q bJ 2 I- x V) WJ DZ a F0 WDwK oZZ r U i S . I • EXHIBIT O J rr) Q O CA EtZ d Z O N rn h (5 hO d Z J NJ &a- 0 M a Ozz UQa=O wo p � hLii© QZ(?Z LLJ . Z Cf) 00 LJJ�(h9 J U) 2 X O w E Z W 0 0 C7 EN 0 Q Z O IZI II- ft01/4-1 Liaj °p in ' - .1 : 131-il IC: 1.;), ::1' U oz q.o ¢ o z v ON Q .yo ff) o - 01,-y-• crr ra Lns in N Q z co a vI,la1:C1s:71i,",I/7',5,.1n'IIQ7-AI-7 I NliAINCONHPH 1 N1IRIag4i1 a>I`rH 7c7'rS s l(L-hs+Ila !via i-Na;mL'10 n4PW 1-0a1n17.SAPU 4ALin R5llrr4Sk+ I Hnl1 . 1') i,s C75clrr•(.rinl.sl , METES AND BOUNDS DESCRIPTION 0.246 ACRE 10' UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.246 acre of land in Nueces County, Texas, being part of a 10' Utility Easement crossing a portion of two tracts (1) 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), (2) 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 Real Estate Business Trust, by an instrument of record in Document #2010038654, NCOPR, said 0.246 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: BEGINNING at a 5/8" iron rod found marking the south corner of said Wal-Mart tract 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, Nueces County Deed Records (NCDR), lying in the northwest right of way (R -O -W) line of Flour Bluff drive; THENCE departing Flour Bluff Drive, N 61°27'51"W, along the common line of said Wal-Mart tract and said Allen tract, at 703.20 feet pass a 5/8" iron rod found for the west corner of said Wal-Mart tract and south corner of Lot 19 and continuing along the common line of Lot 19 and said Allen tract for a distance in all of 1,073.32 feet to a 5/8" iron rod found for west corner, being the west corner of Lot 19 and south corner of Lot 18, Lexington Industrial Center, a subdivision of record in Volume 41, Page 74, NCMR, which was conveyed from Linda J. Harting, et al, to South Padre Island Wholesale, L.P., by an instrument of record in Document #2001008886, NCOPR; THENCE N 28°32'38"E, 10.00 feet along the common line of Lot 19 and Lot 18 to a point for north corner; THENCE S 61°27'51"E, along a line parallel to and 10.0 feet from the common line of Lot 19 and said Alien tract, at 370.12 feet pass the common line of Lot 19 and said Wal-Mart tract and continuing for a distance in all of 1,073.32 feet to a point for east corner, lying in the common line of said Wal-Mart tract and Flour Bluff Drive; Page 1 of 2 707 INDEXED METES AND BOUNDS DESCRIPTION 0.246 ACRE 10' UTILITY EASEMENT ABANDONMENT Page 2 THENCE S 28°33'13"W, 10.00 feet along the common line of said Wal-Mart tract and Flour Bluff Drive to the PLACE OF BEGINNING, Containing 0.246 acre of land, more or less. A certified plat has been prepared under the same job number as a part of this professional service. Tr ey-M xwell Professional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75604 Engineering • Architecture • Surveying Job No. 2154-015 Date: February 14, 2011 Page 2 of 2 f D c.74 .20 i, : o I 0733 3 03/29/2011. C.157A1'1 CERTIFICATE Official Records.; of NUECES COUNTY DIANA T. I'ARRERA COUNTY CLERK L.ees $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. 028983 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. f � Armando Chapa City Secretary Corpus Christi, Texas (S E A L) C 0 ? EL CLE1i LT7-loW z4%- G-i O lOF'1 'w ill nsivenk Doc4 2 01 IA) 1 ED 7 21:3 � Poses 9 03/29/2011 8:57AU Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrov{sion herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Ruce, Calor, Reliyion, Sex, Hondicon, Familial Status!, or National Orisin is invalid and unenforceable under FEDERAL LAW, 3/12/39. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED |n file number senuemce on the dote and at. the time stumned herein by me, and was duly RECORDED in the Official Public Records -of.. Nueces County, Texas Diana T. Borrero •City of Corpus Cl'iristi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 ��'' •