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HomeMy WebLinkAbout028987 ORD - 03/08/2011ORDINANCE ABANDONING AND VACATING A 5,357.88 -SQUARE FOOT PORTION (0.123 ACRE) OF AN EXISTING 5 -FOOT WIDE WATER LINE 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 5,357.88 - square foot portion (0.123 Acre) of an existing 5 -foot wide water line 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 5,357.88 - square foot portion (0.123 Acre) of an existing 5 -foot wide water line 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 water line easement is conditioned upon Owners' compliance with the following: 1) Since Owners will be dedicating a new 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-DIR\Shared\LEGAL-DEV,SVCS12011 Agenda13-8-111Walmart-Flour B1uff1F.3-1-11ORD.A&VEsmt.(0.123Ac.) DWBFinal.docx 028987 .1NO EQ 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 ordina ce is passed and shall take effect upon first reading as an emergency this the day of f 0.4.ak , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. eborah Walther Bro Assistant City Attorney For City Attorney H:ILEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour BIuff1F.3-1-11 ORD.A&VEsmt.(0.123Ac.) DWBFinal.docx Corpus Christi, Texas Day of Ata.e,4 , 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, Council Members Respectfully, Joe As 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:ILEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour BIuf11F.3-1-11ORD.A&VEsmt.(0.123Ac.) DWBFinal.docx 028987 p EXHIBIT O O Z cciz ONS CD r3 0- Z CL w N; azaW QNC4=U 1-OUQ WUZP (rH'�p LLJ cL — W _Z U7 O O CO W C.9 0X aF JZ LJ U L81, LONGVlEV; TEXAS 75604 7201 NW LOOP 281, N co oo n ▪ (vs' O ti X cam-, 0 ▪ 0 CD '\ Eo • 0.1 � z 0 z p.1-10$r»71e mmy, P'p,',o•4 17-54-71 NAL Prli)1Hna1Ng1J C iS.171?L'1�7c7'Rc1!]�nc�7�01N1r11N�Inf�lflM4ti�flF111�E�1^Ja4]�f��a �A?171S71�h'�2SifFxfl'i1�7`1 ��-5�E.71C�nJ�cF nhG� 5-- • a 3n180 dJn7G dno7d 1,1 G � N w h I+ q a N Ngdek 8d00N '999900i00Z# 000 "d'7 '37V.5310/41 aNY51 3dOVd N1f1OS •'01 '7V 13 4JNubV14 r VON17 I ' N $L 9d '!ti 1011 2f31N30 7V111.1Sf10N! N01ONIX37 8f 101 wwi 0 A 0 0 0 0 N o - 0 g gg.g La z .Z z X — 1 prj 0)�Z 00� F— z - a - CL (.7) pr) z 0od> ce.z>5 z� o 1—)-1 ot Zn a 0 ®� 06 01 H WCOQW W Z E W N�QO g W W -F -Z <wZ U� IC)J0 z Z Ce w V Cr) J Q V 10❑ LL N Z r•� G 0 � o • CO © • 4• t) o.; W � � H U v o 3 w 41 .4X Z 4 r O z O METES AND BOUNDS DESCRIPTION 0.123 ACRE 5' WATER LINE EASEMENT ABANDONMENT All that certain tract or parcel containing 0.123 acre of land in Nueces County, Texas, being part of a water line easement of record in Volume 923, Page 494, of the Nueces County Deed Records (NCDR), 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 0.123 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 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 N 28°33'13"E, 25.00 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°27'51"W, along a line parallel to and 25.0 feet from the common line of said Wal-Mart tract and said Allen tract, at 703.20 feet pass the common line of said Wal-Mart tract and Lot 19 and continuing along a line parallel to and 25.0 feet from the common line of said Lot 19 and said Allen tract for a distance in all of 1,073.32 feet to a point for west corner, lying in the common line of Lot 19 and 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, 5.00 feet along the common line of Lot 19 and Lot 18 to a point for north corner; Page 1 of 2 INDEXED METES AND BOUNDS DESCRIPTION 0.123 ACRE 5' WATER LINE EASEMENT ABANDONMENT Page 2 THENCE S 61°27'51"E, along a line parallel to and 30.0 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 along a line parallel to and 30.0 feet from the common line of said Wal-Mart tract and said Allen tract for a distance in all of1,073.32 feet to a point for east corner, Tying in the common line of said Wal-Mart tract and Flour Bluff Drive; THENCE 8 28°33'13"W, 5.00 feet along the common line of said Wal-Mart tract and Flour Bluff Drive to the PLACE OF BEGINNING, Containing 0.123 acre of land, more or less. A certified plat has been prepared under the same job number as a part of this professional service. axwell Professional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75504 Engineering • Architecture • Surveying Job No. 2154-015 Date: February 14, 2011 Page 2 of 2 Doc. 20 1 0 0737 Pa3es 9 03/29/2011 8:57Ail Official Ref:ark; of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees W.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. 028987 passed and approved by Corpus Christi City Council on March 8, 2011 as same appears in the Official Records of the Cfty 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. /INK,,S)crOir, Armando Chapa City Secretary Corpus Christi, Texas (S E A L) • • CO p y 5v c L1E ::7P 0 1 tK1 1 0 7 Z5 7 # Poses 9 03/29/2011 8:57AM Official Records of NUECES COONTY DIANA T. BARRERA COUNTY CLERK Ana Provision herein which restricts the! Sole, Rental or use of the described REAL PROPERTY because of Race? Color, Reliyion, Sex, Handicap, Familial Status; or National Orisin is invalid and unenforceable under FEDERAL LAW, 3/12/69. STATE OF TEXAS COUNTY OF NUECES • ��' hereby certify that thjs instrument FILED in file number senuenca`oa the -date and at the time stomped herein by .me, ond uos duly RECORDED in the Official Public Retordsof • Noeces County, Texas Diana T. Burrero � � /\ e�oo� — uacpard.10m