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Home My WebLink About028988 ORD - 03/08/2011ORDINANCE ABANDONING AND VACATING A 958.32 -SQUARE FOOT PORTION (0.022 ACRE) OF AN EXISTING 15 -FOOT WIDE UTILITY EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND ABUTTING A PORTION OF THE WEST PROPERTY LINE OF, LOT 26R, 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 958.32 -square foot portion (0.022 acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting a portion of the west property line of, Lot 26R, 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 958.32 -square foot portion (0.022 acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting a portion of the west property line of, Lot 26R, as recorded in Volume 64, Page 216 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:ILEG-DIR1Shared \LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour B1u1I1G.3-1- 11.0RD.A&V Esmt. (0.022Ac. )D W BFinal.docx 0.28988 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 ordin ce is passed and shall take effect upon first reading as an emergency this the day of ` %ihek , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe ame Mayor, City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. deborah Walther B •w Assistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluff1G.3-1- 11.0RD.A&VEsmt. (0.022Ac.)D WBFinal.docx Corpus Christi, Texas ,�,/ Day of a� 6/�C�L , 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, Joe A ame Mayor Council Members 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 )24b5Itewt- H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda13-8- 1 11Walmart-Flour BlufflG.3-1- 11.ORD.A&VEsmt.(0.022Ac.)DWBFinal.docx 028988 20 g0 � •-W IX'-cL-K- 4' g P 2gg. wi A ,;gc., 1 ,g 1 ! $11t1 14: WN 0111 1 _ MI A Lu.,r, 311186 J.df778 cJf073 ,99.699 11 ,£1,£f:9Z 5 WON '990800100Z'8 000 67 37VS370H,S1 MIMI 380Vd HLA0S •101 11' 13 OMLYVH 1' VON17 klP N '6L 9d '14 70A 11314V30 7V1L11Sf10N7 NO19N6(31 81 101 40199 '3 ,8£,Z£.9Z N 0 d- 0 CD u) o X C) z a_ 01— CI Z 1— U W c Z U� z • . me? g Z M CI Z QD Q w c Q Q�ZU JZZ Z t, - W.. • ZN cn Q "- W ww_1a- a! N 0 d ft MI EXHIBIT 34, 0 J M O D M Z d Z O N ai h O Z O WN) h J Z° '0 aZo mce oo z O r.„ -<,•< La U Q (7)U 5hov¢ w0z� (.1)� Qzz • Z U) 0 O LJ 0 J Cr)0 X O � _J Q 0 Sy /• le of KA OW at c, 711n7rr,117 15M7i1 n7 -h1-7 JZ II.1flf1.1.MW I1klMIn1=1C1+77)1•1H 7C7( clflf,c17t- iw1,l l nl41111,1(1ntiWfl 14J�i+I�C1{=�1J.�p>{QSIRnSr y}�� METES AND BOUNDS DESCRIPTION 0.022 ACRE 15' UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.022 acre of land in Nueces County, Texas, being part of a utility easement crossing Lot 26R, Lexington Industrial Center, a subdivision of record in Volume 64, Page 216, of the Nueces County Map Records (NCMR), and being conveyed as Lot 26 thru Lot 29, Lexington Industrial Center, from Jugador, Inc., to First National Bank, by an instrument of record in Document #2001039325, of the Nueces County Official Public Records (NCOPR), said 0.022 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 north corner of Lot 24, Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, and most northerly east corner of LOT 23 which was conveyed from Tercet Properties, Ltd., to Wal-Mart Stores Texas, LP., by an instrument of record in Document #2006041816, NCOPR, Tying in the southwest right of way (R -O -W) line of South Padre Island Drive, AKA State Highway Number 358 (SPID) approximately 625' northwest of Flour Bluff Drive; THENCE S 75°58'37"E, 200.06 feet along the common line of Lot 24, Lot 25 and southwest R -O -W line of SPID to 518" iron rod found for the east corner of Lot 25 and north corner of Lot 26R; THENCE departing said common line, S 28°35'15"W, 225.12 feet along the common line of Lot 25 and Lot 26R to a 5/8" iron rod set for north corner and PLACE OF BEGINNING of the tract described herein; THENCE S 61 °24'45"E, 15.00 feet to a point for east corner; THENCE S 28°35'15"W, 63.43 feet along a line parallel to and 15.0 feet from the common line of Lot 25 and Lot 26R to a point for south corner; THENCE N 75°55'42"W, 15.50 feet to a point for west corner, Tying in the common line of Lot 25 and Lot 26R, from which a 5/8" iron rod found marking the common corner of Lot 25 and 26R bears: 5 28°35'15"W, 7.75 feet ; THENCE N 28°35'15"E, 67.31 feet along the common line of Lot 25 and Lot 26R to the PLACE OF BEGINNING, Containing 0.022 acre of land, more or Tess. A certified plat ha prepared under the same job number as a part of this professional service. Tr ell Pro essional Land Surveyor Texas Registration No. 5585 Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75604 Engineering w Architecture - Surveying Job No. 2154-015 Date: February 14, 2011 INDEXED I " C'oct 20 1 B.0 1Z0 738 ,�. P49e.si 8 03/29/2011 8 87AM Official Record' of WUECE:s COUNTY DIANA Te BARRERA COUNTY CLERK. Fees $43.00 i3 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. 028988 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. 7?Art--Sle‘ Armando Chapa City Secretary Corpus Christi, Texas (S E A L) C 0 r y Ec. E+A%r: n-z 95S .3z 02,40gig' Doct ci Ki 10 -73 El 4 Pages 8 03/29/2011 8:57AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.08 Any nrovis|on herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Rel{yion, Sex, Hundicon, Familial `Status' or Motional Oriyin is invalid and unenforceable under FEDERAL LAW, 3/12/89. • STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence:on the dote and Ot the time stumned berein by me, and -Was duly RECORDED in the Official Public Records of Noeces Counte, Texas Diana T. Borrero 411