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Home My WebLink About028984 ORD - 03/08/2011ORDINANCE ORDINANCE ABANDONING AND VACATING A 9,757.44 -SQUARE FOOT PORTION (0.224 ACRE) OF AN EXISTING 7.5 FOOT WIDE UTILITY EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF LOTS 23 AND 30, AND LYING 7.5 FEET FROM THE WEST PROPERTY LINE OF LOT 23, 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 9,757.44 - square foot portion (0.224 Acre) of an existing 7.5 foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, and lying 7.5 feet from the west property line of Lot 23, 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 9,757.44 - square foot portion (0.224 Acre) of an existing 7.5 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, and lying 7.5 feet from the west property line of Lot 23, 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 request. Further, prior to any sanitary sewer utilities being relocated, H:1LEG-DIR\Shared \LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour BIuf11C.3-1- 11 O RD. A& V Esmt. (0.224Ac re) . D W B Fi nal . d o cx 028984 INDEXED Owner must construct a new Lift Station, Force 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 ordi ,- ce is passed and shall take effect upon first reading as an emergency this the _ "' day of AhC.k , 2011. ATTEST: CITY OF CORPUS CHRISTI (a)‘/L9.1—(42 Armando Chapa Joe ame City Secretary Mayor, City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. eborah Walther Br Assistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-1 I1Walmart-Flour Bluff1C.3-1- 11 ORD.A& VEsmt.(0.224Acre).D WBFinal.docx Corpus Christi, Texas Day of 1714Ck , 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, Council Members ,(,17—e4r-e7 Joe Ad me Mayor The above ordinance was passed by the following vote: Joe Adame 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 Agenda13-8-111Walmart-Flour BlufAC.3-1- 11 ORD.A&VEsmt.(0.224Acre). DWBFinai.docx 028984 0 L1 see Groot '3AmuH N gRig ceoggE Ara Rio 3A0O L*nls fnoB ,99'899 '/A ,FISIIBL S 0Zia c u. O +'tel N cti 0 M -MEM S ,tFZ19 _maim N BdOON '998800100Zd 000 "d7 37VS370$1"0 ON'1$ 380Vd N1fnOS :D1 `71f n VO1W7 D'0N tL Od 'ii' 70l I31N90 7Vi2!!S110Ni N01OM 37 8i 207 vi ELI Eg � :44 ra xr: 0 0 0 0 0 xN +d g .6"C:C w CDCO za N co co M 0 13 3 co k co y da • M H--1 tQ cZ0 zQZ Oct h 0 Z CL UJ re) --E O m o v U Q cn c 0 SHOU¢ EZUZF t 0 i.eJLiO La .Z U7 O0 JJ 0 N 0 X EX x >x w 0 orA L1 nvnpll7'Fig.:n-[1r7-b.L-71Na[ryiNllO1i!Ph' 11,1911I-1S1,7'1}I'lw 707,r5 c I 1-1•trc Lnq 15(1.11Nal&INN01 n1VAV I1.1g151aS1+:n VO1L1 Ci C9 tr O N 21 a � `3 E 00 • J• : tr"R. ti •m cjg to o Q 0 ▪ J o¢ mo o < • —J L .o w ' cki Q0m05 ai 0 C3 4 k y O in Z 0 raj 3 Z w o O Z z w METES AND BOUNDS DESCRIPTION 0.224 ACRE UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.224 acre of land in Nueces County, Texas, being part of a Utility Easement of record in Document #2004021766, of the Nueces County Official Public Records (NCOPR), 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, NCOPR, said 0224 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 5/8" iron rod found marking the south corner of 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 and west corner of said Wal-Mart tract, lying in the northeast line 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, by an instrument of record in Volume 2166, Page 869, of the Nueces County Deed Records, (NCDR); THENCE S 61°27'51"E, 7.50 feet along the common line of said Wal-Mart tract and said Allen tract to a point for west corner and PLACE OF BEGINNING of the tract described herein; THENCE departing said common line, N 28°32'33"E, 512.34 feet along a iine paraliei to and 7.50 feet from the common line of Lot 19 and said Wal-Mart tract to a point for north corner; THENCE S 75°55'42"E, 84.50 feet to a point for a east corner; THENCE 5 28°35'07"W, 7.75 feet to a point for an interior corner; THENCE 5 75"55'42"E, 309.72 feet along a line parallel to and 7.50 feet from the common line of Lot 24, Lot 25, Lot 26R and said Wal-Mart tract to an angle point, said Lot 26R, Lexington Industrial Center, Volume 64, Page 216, NCMR, being conveyed as Lot 26 thru Lot 29 from Jugador, Inc., to First National Bank, by an instrument of record in Document #2001039325, NCOPR; THENCE S 76°26'06"E, 47.59 feet along a line parallel to and 7.50 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; Page 1 of 2 INDEXED METES AND BOUNDS DESCRIPTION 0.224 ACRE UTILITY EASEMENT ABANDONMENT Page 2 THENCE S 75°20'59"E, 152.49 feet along a line parallel to and 7.50 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE S 75°28`55"E, 123.80 feet along a line parallel to and 7.50 feet from the common line of Lot 26R and said Wal-Mart tract to a point for most easterly east corner, being the south corner of Lot 26R and east corner of said Wal-Mart tract, lying in the northwest right of way (R -O -W) line of FIour Bluff Drive; THENCE S 28°33113"W, 7.73 feet along the common line of Flour Bluff drive and said Wal-Mart tract to a point for most easterly south corner; THENCE N 75°28'55"W, 121.94 feet along a line parallel to and 15.0 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 75°20'59"W, 152.42 feet along a line parallel to and 15.0 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 76°26'06"W, 47.56 feet along a line parallel to and 15.0 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 75°55'42"W, 388.44 feet along a line parallel to and 15.0 feet from the common line of Lot 26R, Lot 25, Lot 24 and said Wal-Mart tract to a point for an interior corner; THENCE 5 28°32'33"W, 498.78 feet along a line parallel to and 15.0 feet from the common line of Lot 19 and said Wal-Mart tract to a point for south corner, Tying in the common line of said Wal-Mart tract and said Allen tract; THENCE N 61°27151"W, 7.50 feet along the common line of said Wal-Mart tract and said Allen tract to the PLACE OF BEGINNING, Containing 0.224 acre of land, more or Tess. A certified plat has been prepared under the same job number as a part of this professional service. xwell Professional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75604 Engineering - Architecture - Surveys Job No. 2154-015 Date: February 14, 2011 Page 2 of 2 Dua 201 1 0 1 07 3 4. Paves 9 03/29/2011 8:57AM Official Records of • NEECOUNTY DIANA T. BARRERA COUNTY CLERK Fees, $47..00 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. 028984 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 Chaps City Secretary Corpus Christi, Texas (S E A L) Cs''.4..*0 P Y EC 0..x.x .5 4 e €t.T cvial ALI mop �. al Corpus S't.,.rizA 1..,,c:veicproent Service',/ :9paci.a/ Services 2.L'auG Leopard, Suite- 100 TX M Doc@ 20'1 3 0� # Poses 9 03/29/2011 D:57AM Officio1 Records of NUECES COUNTY DIANA T. BARRERA C8UNTY CLERK Fees $47.00 Any nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Reliyion, Sex, Hondicom, Familial Stutus, or National Orisin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES • I hereby certify that this •ipStrument wos FILED in file number senuence on. the data and at the time stomned herein by me, and was duly• RECORDED in the Official Public Records of • Nueces Counts!, Texas • ' Diana T. Borrera e