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Home My WebLink About028986 ORD - 03/08/2011ORDINANCE ORDINANCE ABANDONING AND VACATING A 8,276.40 -SQUARE FOOT PARCEL, (0.190 ACRE), BEING ALL OF AN EXISTING 10 -FOOT WIDE ACCESS EASEMENT, AND A 400 -SQUARE FOOT PARCEL, BEING ALL OF AN EXISTING 20 X 20 FOOT WIDE UTILITY EASEMENT, BOTH OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND ABUTTING THE EAST PROPERTY LINE OF, LOT 19, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358) STATE RIGHT-OF-WAY; REQUIRING THE OWNER, WAL-MART REAL ESTATE BUSINESS TRUST, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Wal-Mart Real Estate Business Trust (Owner), is requesting the abandonment and vacation of an 8,276.40 -square foot parcel, (0.190 acre), being all of an existing 10 -foot wide access easement, and a 400 -square foot parcel, being all of an existing 20 X 20 foot wide utility easement, both out of Lexington Industrial Center, crossing a portion of, and abutting the east property line of, Lot 19, 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 8,276.40 -square foot parcel, (0.190 Acre), being all of an existing 10 - foot wide access easement , and a 400 -square foot parcel, being all of an existing 20 X 20 foot wide utility easement, both out of Lexington Industrial Center, crossing a portion of, and abutting the east property line of, Lot 19, as recorded in Volume 60, Page 58 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. H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour B1uftlE.3-1-11ORD. A&V Esmt.(0.190Acre. )D WBFina1. docx 028..986 'INDEXED 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 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 ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI itah,(44 Joe AEame 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-DIRIShared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluf11E.3-1-11ORD, A&V Esmt.(0.190Acre.)D WBFinaidocx Corpus Christi, Texas 864- Day of ,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, iao4y,0049 Joe Aflame Mayor Council Members The above ordinance was passed by the following vote: bd-aik 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 B1uft1E.3-1-11ORD, A&V Esmt.(0.190Acre. )D WBFinal.docx 0.28986 0 - ~ w 1 z 11 :14. I .2 470_,7, n ; 1 _ i„, W Phrc' w em ta ijjjj..L 11 4 0 0 0 0 Cl 0 0 0 0 0 3/100 .La1?7a eIRO7A ,99'699 iH .Cj i.c Z s CI Zer 7� at 4 Q Crl 3 a av Nd03N 999900I0Ot# 000 d'7 37VS370145 QNV7Sf 3&0Vd H1f105 ;01 "7V 13 VoNf7 dlION '6L Od 16 70A H3LN3O 7V1L1LSRQNf N013NLX37 91 107 ,[0'199 '3 «9£.i£.9L N W LLI wco g y a� 0 Z g g co 1 o rn r U rc Z coQ ul •g O i c 4 uG c 17;7- • • EXHIIT 0 Q 0 -DomJ Z < z z N 1- 0 J X 0_ J M 1-- Zoi0 <ZF"J M00 � U Q r Ezii O Zw wulnUU) o ‹-oz W • -Z (n 0 0 Wco 0U' J (❑OX o w Ect >z z LJ U VI,/ al:oN7 L n7r7I 17'I3 n'L I fl7-1,1-71 h1-7,vJNf1f}N}aPH 71S I5r3.1J PJ gI21C J I\ iLL1 [nIs4H-- L=3Alyncaif W Mill METES AND BOUNDS DESCRIPTION 0.190 ACRE 10' ACCESS EASEMENT AND 20' X 20' UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.190 acre of land in Nueces County, Texas, being all of a 10' Access Easement and 20' X 20' Utility Easement crossing a portion of Lot 19, Lexington Industrial Center, a subdivision of record in Volume 60, Page 58, of the Nueces County Map Records (NCMR), which was conveyed from L Anderson Properties Inc., to Wal-Mart Real Estate Business Trust, by an instrument of record in Document #2010038654, of the Nueces County Official Public Records (NCOPR), said 0.190 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 Lot 19 and west corner of Lot 23, Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, which was conveyed from Temet Properties, Ltd., to Wal-Mart Stores Texas, LP., by an instrument of record in Document #2006041816, 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, of the Nueces County Deed Records, (NCDR), also being the south corner of said 20' X 20' utility easement; THENCE N 61°27'51"W, 20.00 feet along the common line of Lot 19 and said Allen tract to a point for west corner; THENCE departing said common line, N 28°32'33"E, 20.00 feet to a point for north corner; THENCE S 61°27'51"E, 10.00 feet to an interior corner, being the west corner of said access easement; THENCE N 28°32'33"E, 787.67 feet along a line parallel to and 10.0 feet from the common line of Lot 19 and said Wal-Mart tract to a point for north corner, lying in the northeast line of Lot 19 and southwest right of way (R -O -VV) line of South Padre Island Drive, AKA State Highway Number 358 (SPID); Page 1 of 2 INDEXED METES AND BOUNDS DESCRIPTION 0.190 ACRE 10' ACCESS EASEMENT AND 20' BY 20' UTILITY EASEMENT ABANDONMENT PAGE 2 THENCE S 75°58'37"E, 10.33 feet along the common line of Lot 19 and SPID to a 518" iron rod found for east corner, being the east corner of Lot 19 and north corner of said Wal-Mart tract; THENCE S 28°32'33"W, 810.26 feet along the common line of Lot 19 and said Wal- Mart tract to the PLACE OF BEGINNING, Containing 0.190 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 it cat 7- rr ;TROY MAXWEL.L .... 5585 ..r..... / sure Engineering — Architecture — Surveying Job No. 2154-015 Date: February 14, 2011 Page 2 of 2 p {; .1! Dod 20.L 0 1 0736 t Fase.s 1 03/29/2011 8;57Arl Official Records of I4UE_CES COUNTY DANA T. PARFERA COUNTY CLERK Fees $47„00 CERTIFICATE • THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 028986 passed and approved by Corpus Christi City Council on March 8, 2011 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 11th day of March, 2011. II Armando Chapa City Secretary Corpus Christi, Texas (SEAL) C O P y 0--E 11•16-701\N I1.1D Cii27 LOV--t WIDE ot\aEs; AStiNo, r '' quzz, p_cE 02-1141$( Dmci, 2C)1,101F17:36 Poses 03/29/2011 8:57AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrovis{mn herein which restricts the Sale? Rental nr use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES . hereby certify that this instroment wasFILED in file number senuence on the �dote and at the time stomned herein ba• may and. was duly RECORDED !n the Official Public Records of Nueces County, Texas Diana T. Bdrrera � . ��n�^~�~��' ; �/ Corpus Christi( , Dsv !opmentoerx:*o/ a:ecjo/ev*xons c40wuaopzn:.Suite 1oo Corpus C::sti.Txr3408