HomeMy WebLinkAbout028985 ORD - 03/08/2011ORDINANCE
ORDINANCE ABANDONING AND VACATING 6,098.40 -SQUARE FEET (0.140
ACRE), BEING ALL OF AN EXISTING 7.5 -FOOT WIDE UTILITY EASEMENT OUT
OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND
ABUTTING 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. (Owner), is requesting the abandonment and
vacation of a 6,098.40 -square feet (0.140 Acre), being all of an existing 7.5 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of, and abutting
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. 6,098.40 -square feet (0.140 Acre), being all of an existing 7.5 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of, and abutting
the west property line of, Lot 23, 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 BlufTD.3-1-11ORD. A&V Esmt.(0.140Aere)
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028985
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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 ordin ce is pass d and hall take
effect upon first reading as an emergency this the j day of , 2011.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe araeCattIAL
Mayor, City of Corpus Christi
APPROVED as to FORM this 1st day of March, 2011.
eborah Walther Elf -6w
Assistant City Attorney
For City Attorney
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour BIuf11D.3-1-11ORD. A&V Esmt.(0.140Acre)
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Corpus Christi, Texas
gLIL Day of
171/(Ac6
, 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
Joe A megeilg°#4t
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
L
H:1LEG DIR1Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluff\D.3-1-1 LORD. A&V Esmt.(0.140Acre)
.DWB.Final.docx
028985
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METES AND BOUNDS DESCRIPTION
0.140 ACRE
7.5' UTILITY EASEMENT ABANDONMENT
All that certain tract or parcel containing 0.140 acre of land in Nueces County, Texas,
being all of a 7.5' Utility Easement crossing a portion of Lot 23, 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 0.140 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 west corner of said Wal-Mart tract and
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, 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, Nueces County Deed Records, (NCDR);
THENCE N 28°32'33"E, 810.26 feet along the common line of Lot 19 and said Wal-Mart
tract to a 5/8" iron rod found for north corner, being the north corner of said Wal-Mart tract
and east corner of Lot 19, Tying in the southwest right of way (R -O -W) line of South Padre
Island Drive, AKA State Highway Number 358 (SPID), approximately 725' northwest of
Flour Bluff Drive;
THENCE S 75°58'37"E, 7.75 feet along the common line of said Wal-Mart tract and SPID
to a point for east corner;
THENCE departing SPID, S 28°32'33' W, 812.20 feet along a line parallel to and 7.5 feet
from the common line of said Wal-Mart tract and Lot 19 to a point for south corner, lying in
the common line of said Wal-Mart tract and said Allen tract;
THENCE N 61°27'51"W, 7.50 feet along the common line of said Wal-Mart tract and said
Allen tract to the PLACE OF BEGINNING, Containing 0.140 acre of land, more or less. A
certified plat has been prepared under the same job number as a part of this profess
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 - Surveying
Job No.2154-015
Date: February 14, 2011
INDEXED
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• 03P9/2011 8;57AN
Official Records of
NUECES COUNTY
DIANA L BARRERA
COUNTY CLERK
Fees $CM0
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. 028985 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
(S E A L)
Copy
Vic. (J-E_Itwci-f3N ip4 C,112) ThTJ-1 rnLrnt EAs NNE v41' 8.4° V-1.
Dnc4 2 0 1 I 0 10 7 5
� Poyes 8
03/29/2011 8:57AM
Official Records of
HUECES COUNTY
DIANA T. DARRERA
COUNTY CLERK
Fees $43.00
Any nrovisioo herein which restricts the Sole,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Relision, Sexy Hondicon, Familial Status, or
National Oriyin is invalid and unenforceable
under FEDERAL LAW, 3/12/89. .
STATE OF TEXAS •
COUNTY OF NUECES •
I hereby certify thot`this instrument wos FILED
|n file number sequence on the dote und at the
time stomned herein bLs me, and -was duly RECORDED
in the Official Public Records of
Moeces County, Texos
Diana T. Barrera
Services
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